Jacksonville Criminal Defense Lawyer Blog

Last week St. Johns County Sheriff's Office responded to a hit and run accident that resulted in one man being sent to Flagler Hospital for life-threatening injuries. The accident occurred early Friday morning on Old Moultrie Road. According to the Sheriff's Office the victim was traveling southbound on his scooter when an unidentified Ford vehicle stuck the victim from behind and then proceeded to flee the scene. Police are currently looking for a Ford vehicle with front-end damage and encourage people to call in if they have any information regarding this Florida Hit and Run.

In Florida, leaving the scene of an accident that results in injury or death is a third degree felony. If convicted, a person could face up to 5 years in prison and/or up to $5,000.00 fine. This is a serious criminal offence and the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. Florida Statute § 316.027 defines the law and reads, "the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash...and must remain at the scene of the crash and to answer questions and render aid as set forth in F.S.A. § 316.062."

But, what does all this mean for a Jacksonville motorist? It means if you have caused an accident, injuries or not, you are required to remain at the scene or face additional criminal charges and penalties. Additionally, according to a Jacksonville Personal Injury Lawyer if you are at fault in a car accident you could be facing a personal injury claim to compensate the victim for their losses they have suffered as a result of your negligence.

Finally, my advice is to remain at the scene after being involved in an automobile accident. It could be the difference between civil charges for personal injury or facing a third degree felony criminal charge. However, if you or a loved one are facing a Jacksonville Hit and Run charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the best approach in moving forward.

When a person gets a speeding ticket in Florida, this results in the Florida Department of Highways Safety and Motor Vehicles placing points on the person's Florida Driver's License. The amount of points that Florida Department of Highway Safety and Motor Vehicles will place on your Florida's driver's license depends on the speed as noted on the Florida speeding ticket. If a Florida driver is ticketed for going 15 miles or more over the posted speed limit, the ticket will result in four (4) points. If the ticket is for less than 15 miles over the posted speed limit, the ticket will result in three (3) points.

The actual speed that you are traveling does not matter for the purpose of points in Florida. Therefore, if you were traveling 20 miles per hour over the posted speed limit, but the police officer only documented that you were traveling 10 miles per hour over the posted speed limit, you will only receive three points instead of four on your Florida Driver's License. Although you may believe that the Florida police officer gave you a break, you will still be getting three points on your license. You can request that the judge or hearing officer withhold these three points, so you do not receive any points.

Normally, if you receive a ticket in Jacksonville, Florida, you are given options. You may pay the Jacksonville traffic ticket. You may elect to take the traffic school. You may set a court date and appear in Duval County traffic court. However, in some cases, you have no choice. The Jacksonville traffic citation orders you to set a court date within a certain time period. If you have received a ticket that orders this, it is likely that you have received a criminal traffic citation. This is not a basic ticket. It will be part of your Florida criminal record.

Therefore, you need to take this infraction seriously. You do not want to enter a plea of no contest or guilty to the ticket without speaking to a Jacksonville Criminal Traffic Lawyer. If you have been issued a criminal traffic ticket, contact Cynthia Veintemillas. You need to understand your rights, defenses, and options under Florida Law.

If your Florida driver's license is suspended and you are stopped by a police officer, you will either be issued a traffic citation or arrested. If you are driving with a suspended or revoked driver's license and you are unaware of the revocation or suspension, you will be cited for unknowingly driving with a suspended or revoked license in Florida. This is a civil traffic infraction. If you were aware that your Florida driver's license was suspended or revoked, you will be charged with a Florida Criminal Traffic Infraction. Usually, this is a misdemeanor charge. However, if you acquire three driving with a license suspended or revoked charges within a five year period, you will be labeled a Florida Habitual Traffic Offender. If you are stopped as a Florida Habitual Traffic Offender, you will be facing a felony arrest.

If you are issued a citation for civil or criminal driving on a suspended license, do not pay the ticket before talking to a Jacksonville Drivers License Lawyer. Because of the future ramifications that this could cause, it may be better for you to set a court date. If you pay the ticket, you will be adjudicated guilty of Florida driving with a license suspended or revoked.

I read the story about the Jacksonville Police Officer that refused to give a blood sample for the purpose of determining whether or not he was driving under the influence to the extent that he was impaired (Jacksonville.com) (See Jacksonville Police Officer Refuses DUI Blood Test for St. Johns County Traffic Case). He was in uniform and driving a police car. A Florida Trooper stated that he smelled an odor of an alcohol beverage on his breath and beer was found spilled in his patrol car. However, no alcoholic containers were found in the car.

I am not surprised by the amount of people that found him guilty of Driving Under the Influence in the court of public opinion based upon the fact that he refused a blood test. People often believe that a refusal is consciousness of guilt, but there are other reasons to why this Jacksonville Police Officer may have refused to give a blood sample.

In Florida, it is not illegal to drink and drive. It is illegal to drink to the point that your normal faculties are impaired and then drive. In Officer Michael Rolison's case, if he had half a beer, his normal faculties would not be impaired. Thus, he would not be driving under the influence. He would also be below Florida's legal limit of 0.08 blood alcohol level. However, he would be reprimanded and maybe fired from his position with the Jacksonville Sheriff's Office. Therefore, he did not refuse the blood draw because he was guilty of Driving Under the Influence (DUI) in St. Johns County, Florida. It is logical to believe that he refused the test due to the fear of losing his job if even trace amounts of alcohol were found in his blood.

Every St. Johns County DUI case is different. The facts are different and the defenses will vary. It is important to discuss to discuss a DUI case with a Florida Driving Under the Influence Lawyer.

Jacksonville Police Officer, Michael E. Rolison, declined to take a blood test after being involved in a car accident. Officer Rolison of the Jacksonville Sheriff's Office was driving home in his patrol car "when he was involved in the wreck on Greenbriar Road in St. Johns County, according to the Florida Highway Patrol." According to the Florida Times Union (Jacksonville.com), the Florida Highway Patrol found that he "was at fault when his westbound car crossed into the eastbound lane of Greenbriar and struck the front of a vehicle driven by Joshua Carter, 18, of St. Johns."

Both drivers were taken to the hospital for minor injuries. A Florida trooper asked Rolison for a blood sample, because he smelled alcohol on Rolison's breath. Rolison would not give a blood sample for blood alcohol content testing. Although Rolison did not give a blood sample, he may still face Driving Under the Influence (DUI) charges in St. Johns County, Florida. Therefore, it is important that he contact a St. Johns County Driving Under the Influence Attorney immediately. There are defenses to this charge (See Defense to Refusal for Jacksonville Police Officer's DUI Blood Draw Refusal).

In Jacksonville, Florida, a habitual traffic offender is a driver whose Florida driver's license has been suspended for 5 years. The Florida driver's license five (5) year suspension occurred, because of violations listed in Florida Statute Section 322.264. Many people receive notice of the Jacksonville Florida Driver's License Suspension and have a feeling of despair believing that there is nothing they can do to remedy the situation. However, this is not true. There are ways to obtain a valid Florida Driver's License.

As a Jacksonville Habitual Traffic Offender Attorney, I have learned that timing is very important when trying to undo a 5 year Florida Driver's license suspension. The longer a habitual traffic offender waits to correct his or her license, the less likely he or she will be able to obtain a valid license. This is because even with a suspended driver's license, drivers will continue to drive when necessary. For instance, if a father has to drive to work in order to feed his family, he will likely do it even if his license is suspended. However, if he gets caught, he is looking at a Jacksonville Habitual Offender Felony Charge and a possible prison sentence. The more Jacksonville Driving on a Suspended License (DWLSR) charges and citations drivers accumulate, the less likely it is that they will be able to ever obtain a valid license. Therefore, it is important to act fast.

If you need help with your Jacksonville Driver's License or have been charged with Driving with a License Suspended or Revoked (DWLSR) contact Cynthia Veintemillas, Jacksonville Driver's License Attorney.

The Florida law that governs Jacksonville five-year driver's license suspension for habitual traffic offenders is Florida Statute Section 322.264. This Florida driver's license law defines "habitual traffic offender" as:

"any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period:
(1) Three or more convictions of any one or more of the following offenses arising out of separate acts:
(a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01;
(c) Any felony in the commission of which a motor vehicle is used;
(d) Driving a motor vehicle while his or her license is suspended or revoked;
(e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or
(f) Driving a commercial motor vehicle while his or her privilege is disqualified.
(2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1)."

This Florida Traffic Law further states that a violation in another state or country, similar to those quoted above, can be used against the Jacksonville driver to suspended his or her driver's license for 5 years in Florida.

As a Jacksonville Driver's License Lawyer, I have represented many Jacksonville Habitual Traffic Offenders (HTO). With the majority of the Jacksonville HTO cases, it is important to act quickly. The longer a Jacksonville driver goes without a license, the more likely he or she is to reoffend and not be able to get a Jacksonville Driver's License. (See Jacksonville Florida Driver's License Suspended for Five Years as a Habitual Traffic Offender)

If you have questions about a Jacksonville Florida Driver's license suspension, contact Attorney Cynthia Veintemillas.

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).

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.

2. Leaving the scene of a crash resulting in property damage of more than $50--6 points.

3. Unlawful speed resulting in a crash--6 points.

4. Passing a stopped school bus--4 points.

5. Unlawful speed:

a. Not in excess of 15 miles per hour of lawful or posted speed--3 points.

b. In excess of 15 miles per hour of lawful or posted speed--4 points.

6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

7. All other moving violations (including parking on a highway outside the limits of a municipality)--3 points. However, no points shall be imposed for a violation of s. 316.0741 or s. 316.2065(12).

8. Any moving violation covered above, excluding unlawful speed, resulting in a crash--4 points.

9. Any conviction under s. 403.413(6)(b)--3 points.

10. Any conviction under s. 316.0775(2)--4 points.

Once you accumulate a certain amount of points on your Florida Driver's License within a time period, your Florida Driver's License will be Suspended by the Florida Department of Highway Safety and Motor Vehicles. Therefore, it is extremely important to contact a Florida Driver's License Lawyer to discuss your Florida driving record.

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.

(c) When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year. "

If you have been issued a traffic citation that has resulted in points being assessed to your license, you should contact Florida Driver's License Attorney, Cynthia Veintemillas. Even if the citation is an old citation, you may still be able to avoid the points.

If your Florida Driver's License is suspended due to excessive points and you can have the points withheld, you may be able to obtain a valid Florida Driver's License. If your Florida Driver's License was not suspended for excessive points but has been suspended due to driving with a suspended or revoked license (Florida Habitual Traffic Offender), you can still petition the court in order to obtain a valid driver's license.

A Florida Circuit Court in Palm County, Florida ruled that a Florida Speeding Ticket was not lawfully issued. In Levine v. Town of Juno Beach, Florida (FLWSUPP 1804LEVI, February 2, 2011), a Florida driver, Cary Levine, was issued a Florida speeding ticket based solely on a traffic camera. Levine's vehicle was photographed by an unmanned van equipped with both radar and photo capabilities. She was issued a citation for exceeding the posted speed limit. The Town's Code authorized the use of an unmanned van, camera, and radar device to issue speeding citations. Section 316, Florida Statutes, governs unlawful speed and speeding tickets. It dictates how unlawful speed is defined, the appropriate manner for documenting and recording an alleged violation, and judicial process involved. Florida Statute Section 316.1906(2)(b) requires a police officer to make "an independent visual determination that the vehicle is operating in excess of the applicable speed limit." Since the speeding ticket was not in compliance with Section 316, the evidence of speeding was unadmissible in court.

Florida Statute Section 316.1906 is the Florida Traffic Law that governs radar speed measuring. This Florida Traffic Law is determines whether or not evidence of a Jacksonville driver's speed will be admissible in court. Section 316.1906 states:

"Evidence of the speed of a vehicle measured by any radar speed-measuring device shall be inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles, unless such evidence of speed is obtained by an officer who:

(a) Has satisfactorily completed the radar training course established by the Criminal Justice Standards and Training Commission pursuant to s. 943.17(1)(b).
(b) Has made an independent visual determination that the vehicle is operating in excess of the applicable speed limit.
(c) Has written a citation based on evidence obtained from radar when conditions permit the clear assignment of speed to a single vehicle.
(d) Is using radar which has no automatic speed locks and no audio alarms, unless disconnected or deactivated.
(e) Is operating radar with audio Doppler engaged.
(f) Is using a radar unit which meets the minimum design criteria for such units established by the Department of Highway Safety and Motor Vehicles."

Recently, the Palm Beach County, Florida, circuit court issued an opinion on an appeal for a traffic citation that did not follow the criteria set forth in the Florida Traffic Law above. (Read Florida Court Rules that Florida Speed Ticket was not Lawfully Issued).

As a Jacksonville Traffic Lawyer, I am no stranger to speeding tickets. Jacksonville is full of speed traps. A Jacksonville Traffic Citation is issued pursuant to Section 316.87, Florida Statutes. This Florida Traffic Law permits the Florida Department of Transportation determine speed limits. Depending on the type of roadway or highway, the speed limit may not be greater than 60, 65, or 70 miles per hour (mph). Section 316.87(3) gives the authority to issue traffic citations based on speeding violations in Jacksonville, Florida. Section 316.1906, Florida Statutes, sets forth the rules for radar speed-measuring devices and the admissibly of evidence regarding these devices. Read 316.1906(2) for a list of criteria that this Florida Traffic Law requires.

In Atlantic Beach, Florida, a local bar manager was hit by a van. Kathleen Bryson Lamb died two days later at Shands Jacksonville hospital. After the Jacksonville Sheriff's Office conducted a traffic homicide investigation, they determined that the car accident was related to alcohol. As an Atlantic Beach DUI (Driving Under the Influence) Lawyer, I have represented many drivers charged with DUI in Jacksonville, Florida and the surrounding areas (Atlantic Beach, Neptune Beach, and Jacksonville Beach). Therefore, whenever I hear about a car crash that is alcohol-related, I assume that the driver is being accused of DUI. However, this was not the cash with Ms. Lamb. She was a manager of Culhane's Irish Pub in Atlantic Beach, Florida. Reports state that she failed to yield to oncoming traffic and did not cross at the crosswalk. She had a blood-alcohol level of .20 which is over double the legal limit of .08. Police cleared the driver, James Robert Etheridge, and he was not charged with Atlantic Beach DUI or any other criminal offense or civil traffic infraction.

If you are charged with Driving Under the Influence or a criminal traffic infraction in Atlantic Beach Florida, contact Atlantic Beach DUI Lawyer, Cynthia Veintemillas at Apple Law Firm PLLC in Jacksonville, Florida.