Jacksonville Criminal Defense Lawyer Blog

Unpaid Jacksonville Traffic Tickets can lead to a Florida License suspension, but a new Florida Law will help driver's get their licenses back. Beginning October 1, 2010, Florida law will permit anyone charged with non-criminal traffic citations to pay outstanding tickets through installments. The installment payments will be interest-free. Once all fines and fees are paid for, the Jacksonville driver will be able to get his license reinstated.

As a Jacksonville Traffic Lawyer, I have seen many hard-working people lose their licenses for different reasons. This Florida Law will benefit the community as a whole. When Jacksonville residents obtain a valid license, there are less uninsured motorist on the road. Additionally, it is difficult to maintain employment without a license. With a Jacksonville driver's license, these people are less likely to lose their jobs.

While this Florida Law will affect those drivers with licenses that have been suspended due to unpaid traffic citations, it will not help those that have had their license suspended for other reasons, such as driving on a suspended license, driving under the influence, and excessive points. If you need help obtaining a valid driver's license, contact a Jacksonville Traffic Lawyer.

Jacksonville Leaving the Scene of an Accident is a crime in Florida that can range from a felony offense to a misdemeanor depending on the injury or damage caused by the accident. Florida Statute Section 316.027 govern crashes involving involving injury to a person or death. Florida Statute Section 316.061 addresses accidents that result in only damages to a vehicle or other property. Regardless of the injury or damage caused by the accident, Jacksonville drivers have a duty to stop and remain at the scene until they fulfill the requirements of Florida Statute Section 316.062. This Florida law requires that they give information and render aid. If this law is violated, the driver can be charged with a crime in Jacksonville, Florida.

Additionally, Florida Statute Section 316.065 states that you have to report the crash if it results in injury or death or damage of $500. Thus, not only do Jacksonville drivers need to give all pertinent information and render aid, but they also must report certain crashes to the Jacksonville Sheriff's Office. If this Florida Statutes is violated, the result is a nonmoving, noncriminal traffic infraction.

If you are charged with a Jacksonville Driving Offense, contact a Jacksonville Traffic Lawyer.

Drivers flash their lights by going from a low beam to a high beam. Usually, a Jacksonville driver does this to indicate to others drivers that there is something that they should be aware of. For instance, if a prudent driver sees a disable car on the side of the road, he may flash his lights to inform the oncoming vehicle of a dangerous situation. This could protect people in the disable vehicle as well on the driver and passengers of the oncoming vehicle.  As a child, my mother would flash her lights at other vehicles when she saw a dog wandering the highway. She did this to get the other vehicles to slow down.

Sometimes, Jacksonville drivers are ticketed for flashing their high beams at other vehicles. Jacksonville police officers issue the citation pursuant to Florida Statute 316.2937(7) which states that "flashing lights are prohibited on vehicles except as a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway or except that the lamps authorized in" this Section. However, this is not permitted. This Florida law was not meant to prohibit flashing your high beams in the manner listed above. In fact, a handbook issued by the Florida Department of Highway Safety and Motor Vehicles recommends that a driver flash his high beams at an oncoming vehicle that if another vehicle is approaching with its high beams illuminated. In 

State v. Cason, a Seminole County court ruled that Florida Statute Section 316.2397(7) does not prohibit a driver from flashing his high beams or turning his lights on and off. The court found that it did not matter that the driver was doing so with the intent to warn other drivers of a police officer with a radar device.

Note only should a ticket issued in this manner be challenged by a Jacksonville Traffic Attorney, but it could be the basis for a motion to suppress. For example, a Jacksonville DUI Lawyer could try to get a DUI stop invalidated if the stop is based on these grounds.

Is a police officer permitted to stop a driver with a cracked windshield in Florida? It depends. A Florida driver can be stopped problems with a windshield if the windshield violates a provision listed in Florida Statute Section 316.2952 or Section 316.610.  A cracked windshield would be covered in Section 316.610.  However, a stop is only permissible under this Section if the crack poses a safety hazard.  This would make the vehicle unsafe and allows the officer to stop the driver, because he has a particularized and objective basis to believe that the driver is violating the law.  

On the other hand, if the windshield does not create a safety hazard, the officer does not have reason to stop the driver.  In

Hilton v. State, the Florida Supreme Court ruled that marijuana seized as a result of a stop pursuant to Section 316.610 was obtained illegally.  The court held that there was no evidence to establish that the crack in Hilton's windshield rendered his vehicle unsafe.  Thus, there was no evidence to support an objectively reasonable suspicion that the vehicle was unsafe and in violation of the statute.  

Like Mr. Hilton, criminal defendants are often stopped because of traffic infractions, such as a cracked windshield, in Florida.  While some stops may be legitimate, others are not.  Therefore, it is important to have a Jacksonville Criminal Attorney review the facts surrounding the stop to determine if a motion to suppress should be filed based on an illegal stop.   

A Florida Habitual Traffic Offender is defined in the Florida Statutes. Florida Statute Section 322.264 lists the criteria for a driver to qualify as a habitual traffic offender (HTO).  The Florida Department of Motor Vehicles will evaluate a person's driving record for the past five years to make this determination.  If a Jacksonville driver has a certain amount of the traffic convictions, his or her license will be suspended for five years as a Jacksonville Habitual Traffic Offender. 

For most people, the easiest way to handle a Jacksonville speeding ticket is to pay the fine and forget about it.  This is not a smart way to dispose of your Jacksonville traffic ticket.  When you pay the Jacksonville speeding ticket, you are adjudicated guilty of driving at an unlawful speed.  This will result in points being added to your Florida driver's license.  These points can result in increased automobile insurance rates and may result in your license being suspended.