by

If you receive a speeding ticket or any traffic citation in another state, Florida may assess points against your Florida license. According to Florida Statute Section 322.27(e), a conviction in another state of a traffic violation that would violate the laws of Florida if committed in Florida may be recorded against a driver. The driver will receive the same number of points on his Florida driver’s license that would have resulted in he were adjudicated guilty of the driving offense in Florida. This could result in a Florida Driver’s License suspension.

For example, if a licensed Florida Driver receives a ticket in Texas for speeding (over 15 mph), he or she will receive 4 points on his or her driver’s license (see the Florida Points Scale). If this happens, the Florida Driver’s License may be suspended if the driver has other tickets. A Jacksonville Traffic Lawyer cannot handle a ticket in Texas. However, a Jacksonville Traffic Lawyer may be able to reopen an old moving violation in Florida and have the points set aside. If this occurs, the Jacksonville driver will be able to avoid the license suspension if the points are under the threshold amount (See Section 322.27(a)-(c) for points and suspensions).

by

The amount of points that are placed on a Florida Driver’s License for speeding tickets and other traffic citations can vary. The points will range anywhere from 3 to 6 points. The scale is set forth in Florida Statute Section 322.27(d) for Florida moving violations. This Florida Traffic Law is quoted below.

“(d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations:

1. Reckless driving, willful and wanton–4 points.

Continue reading

by

I often hear the question: “How do I get my driver’s license back in Florida?” Many Florida drivers have had their Florida driver’s licenses suspended due to excessive points. If you receive a Florida traffic ticket that is a moving violation, points will be assessed to your license pursuant to Florida Statute Section 322.27(3)(d). If you get a certain amount of points within a specified time period, your Florida driver’s license will be suspended for a certain time limit as set forth in Section 322.27(3)(a)-(c), Florida Statutes.

“(a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days.

(b) When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months.

Continue reading

by

In Jacksonville, the crime of driving under the influence (DUI) of alcohol or a controlled substance is usually a misdemeanor. It can be a felony under certain circumstances. A Jacksonville DUI is a felony if it involves death or serious bodily injury. Under these circumstances, a Jacksonville DUI criminal defendant will be facing a minimum prison sentence under the Florida Guidelines. A person arrested for DUI in Jacksonville can be charged with Felony Driving Under the Influence if he or she has 3 or more convictions for DUI.

As a Jacksonville DUI Lawyer, I have represented clients arrested for misdemeanor DUI and felony DUI and have tried several Jacksonville DUI cases. However, I have never seen a felony DUI case like this one. Billie Joe Madden avoided a DUI arrest by having someone else drive his vehicle. Still, he was arrested on felony charges. Instead of being arrested for DUI, he “was arrested and charged with two counts of child desertion, parent allowing a minor to drive, open container and two counts of no child restraint and no seat belt” (News4jax.com). Police officers “said Madden told them he was intoxicated, and fell asleep while his son drove” and his 4-year-old daughter sat in the back seat.

by

Over the past several years the Law Office of David M. Goldman has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:

For those of you who use an iPhone, we are trying to make some of the information and resources available through our new Law Office of David M. Goldman PLLC

The NFA Gun Trust Lawyer® Blog covers unique issues involved with estate planning, the purchase, possession, use, and transfer of firearms including those regulated by the National Firearms Act. Helps provide guidance on a National level through a network of over 150 lawyers in 43 states.

Continue reading

by

A Florida man was charged and convicted of felon in possession of a firearm. In Powell v. Florida, this Florida Criminal Defendant was arrested in the apartment in which the gun was found and taken to the police station where Florida police officers questioned him. Police officers testified that Powell stated that the gun was his.

The United States Supreme Court held that:

“Criminal suspects have a right to have their lawyer present during police questioning, and the police are required to inform suspects of that right as part of their “Miranda warning.” In this case, police officers told a suspect that he had “the right to talk to a lawyer before answering [any] questions” and “[y]ou have the right to use any of these rights at any time you want during this interview.” The Court held that even though this warning did not specifically mention the right to have a lawyer present during questioning (as opposed to the right to talk to the lawyer before questioning), the warning nonetheless was constitutional because it conveyed to the suspect that he had the right to have an attorney present.”

Continue reading

by

As a Jacksonville Criminal Defense Attorney, I have had clients that entered guilty pleas or pleas of no contest when they were not represented by an attorney. Usually, this happens in first appearance court at their Jacksonville bond hearings in the Duval County jail. The Jacksonville criminal defendant does not understand his or her rights and enters the plea without understanding the consequences. If this occurs, the Jacksonville criminal defendant may withdraw his or her plea, but this must be done within thirty (30) days of the sentence being entered pursuant to Florida Rule of Criminal Procedure 3.170(l).

by

In Jacksonville, Florida, James Steel was convicted of sexual battery. He was already convicted of Jacksonville sexual battery in March of 2011. In that Jacksonville criminal case, he was sentence to 30 years in Florida State Prison. Today, he was convicted again of sexual battery in Jacksonville. He will be sentenced at a later date. He has been accused of six other rapes in the Arlington area. Thus, he has been named the Arlington Serial Rapist. Although he was sentenced to 30 years and faces a similar sentence on the recent conviction, Jacksonville prosecutors may seek additional convictions and sentences to ensure that the convictions are not overturned on appeal.

by

If you are arrested in Jacksonville, Florida, you have certain rights provided by the United States Constitution. The Supreme Court held, in Miranda v. Arizona, that police must inform persons in custody that they have the right to remain silent, anything that they can be used against them, they have the right to the presence of an attorney, and an attorney will be provided if they cannot afford one. These are known as Miranda Warnings.

If police do not comply with Miranda warnings when arresting a person in Jacksonville, Florida, a Jacksonville Criminal Attorney may be able to suppress (throw out) any statements made by the Jacksonville Criminal Defendant. However, there are exceptions to this rule which can be found in other Supreme Court rulings, such as Florida v. Powell, 130 S.Ct. 1195 (2010).

by

In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011), a uniformed officer questioned a 12-year-old boy at school about a string of local burglaries. The officer told the boy he was free to leave, but also told him that a court could order juvenile detention. The school’s assistant principal told the boy to “do the right thing.” Eventually, he confessed to the burglaries. At trial, the boy’s lawyer argued that the confession was essentially coerced due to the boy’s age and the circumstances surrounding the questioning. The state courts in Florida held that the boy was not in detention, because he was free to leave. Therefore, Miranda warnings were not required.

However, the Supreme Court ruled that the child’s age is relevant. As Justice Sonia Sotomayor pointed out, children are required by law to go to school and are often subject to discipline for disobedience. Students are therefore much more likely to believe that they are obligated to answer police questions. Therefore, Miranda warnings are required in order to inform students that they do not have to answer police questions and can contact an attorney.

If you or your child has been subject to police questioning, you should contact a Jacksonville Defense Attorney to discuss the case.

Contact Information
Jacksonville Office
4115 Hendricks Ave
Jacksonville, FL 32207
Phone: (904) 685-1200
Fax: (904) 875-4081
Ponte Vedra Beach Office
822 A1A N #310
Ponte Vedra Beach, FL 32082
Phone: (904) 425-1910
Fax: (904) 875-4081
Satellite office with limited services and hours.
Call for an appointment.
*The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information on this website is not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies. Some states require additional disclosures which may consider the information on this website to be consider advertising and others states require that this page state ATTORNEY ADVERTISING or THIS IS AN ADVERTISEMENT.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Law Office of David M. Goldman PLLC
JUSTIA Law Firm Blog Design