Driver's Licenses

August 1, 2012

Florida Drivers Frequently Refuse Breathalyzer

According to a report by WFTV, four out of every 10 Florida drivers stopped by police for suspected drunk driving refuse to submit to breathalyzer tests. Something that many people may not be aware of is how severe the penalty can be just for refusing to take the breath test.

Florida’s current law regarding breath tests, known as Florida’s Implied Consent Law, states that any motorist who simply accepts the “privilege… of operating a motor vehicle within this state is… deemed to have given his or her consent to submit to… [a] test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath.”

The condensed version of the law means that if you choose to drive in the state of Florida, you have already consented to a breathalyzer test and if you refuse to take one then you can and will be punished. The punishments can be quite severe as well; with a first refusal punishable by a suspension of a driver’s license and a second refusal being considered a first-degree misdemeanor and a criminal offense.

July 26, 2012

What can I do If I am in HTO Status?

by David M. Goldman

No one is perfect, however when our imperfections lead us to too many traffic offenses, we can lose our Florida Driver’s license for five years. This is most often known as being a “Habitual Traffic Offender” or “HTO”. The State of Florida feels that people who make it a habit to violate traffic laws should be strongly discouraged from driving on our roads and should be faced with a firm punishment.

There are a few different events that can lead to HTO status, all of which must occur within a five-year period. The most common is to have three offenses of driving while license is suspended or revoked. It is important to remember that this includes convictions as well as cases where withheld adjudication. Some people make the mistake of believing that because adjudication was withheld and no conviction occurred that these cases are not counted when it comes to determining whether someone is should is a HTO. The HTO sentencing guidelines do examine how many points your license has, they count your convictions and withholds instead. Further, no distinction is made as to whether or not you “knowingly” drove while your license was suspended or not.

HTO status lasts for five years and requires the Department of Highway Safety and Motor Vehicles (DMV) to revoke your license, but there are things that may be done to get you back on the road. After sufficient time and class work, a hardship license may be issued to allow you some right to drive, but with restrictions. After the five year revocation is over, you must petition the DMV to have your license reinstated. A hearing may be required to determine whether or not your reinstatement can be granted or if you should have an alternative, restricted license.

July 11, 2012

Jacksonville Teen Pleas Guilty

by David M. Goldman

Jacksonville has a growing population and with this increase of residents also comes an increase in juvenile crime. I am not saying all children are prone to commit criminal activities. But, as a Jacksonville Criminal Attorney I am aware that the theory of probability is when you have more and more people crime is inevitably going to increase. One such incident occurred in Jacksonville last November involving 16-year-old Zachary Lambert.

Lambert was a troubled teen, but generally was a good kid. However, one day in November 2011 he decided to steal a pickup truck and go for a “joy-ride.” When the police located Lambert he fled the police. At the intersection of San Pablo and Beach Blvd. he ran the red light and struck another vehicle. The collision killed the other driver, Christopher Thompson (22) who was on his way to work at the Mayo Clinic. Lambert was subsequently charged with 3rd degree murder, vehicular homicide, aggravated fleeing or attempting to elude a law enforcement office, and grand theft auto.

After many discussions and negotiations between the State and the Jacksonville Criminal Attorney, Lambert decided the best course of action would be to arrange a plea deal with the state instead of proceeding to trial. A fact that many might not know is approximately 90% of criminal cases never make it to trial and are resolved through plea agreements. On Monday, Lambert plea guilty to vehicular homicide, aggravated fleeing or attempting to elude a law enforcement office, and grand theft auto. Although he has not been sentenced, scheduled for August, he could face up to 35 years in prison.

July 10, 2012

Help, I got a Florida Traffic Ticket and don’t know what to Do!

by David M. Goldman

Have you received a Florida Traffic Ticket? Do you not want points on your Florida Driver’s License? Are you afraid if you get another Ticket you License will be Suspended? Can you not afford an insurance increase? If you answered “YES” to any of the previous questions, you will want to contact a Florida Traffic Ticket Lawyer today.

As a Florida Traffic Ticket Lawyer, I assist my clients in numerous counties around Florida. Through my knowledge and know-how I work with my clients and the Courts to withhold adjudication and prevent points on my client’s license and increases in insurance premiums. However, I cannot guarantee results, I can reassure my clients that I will do my best to resolve their Florida Traffic Ticket in a manner that is amicable for my Client.

Sometimes, my Clients call me too late (i.e. after they paid the fine) and I cannot assist them. However, if you call soon after you receive the ticket and within the days allowable, I will assist you in getting a withhold of adjudication. Furthermore, did you know that simply paying a traffic ticket is an automatic GUILTY? Therefore, points are going to be accessed on your license and your insurance company will take the Florida Traffic Ticket into consideration. So, don’t just simply pay the ticket and walk away, contact a Florida Traffic Ticket Lawyer today!

July 5, 2012

AAA has Geared up again to Offer FREE Rides home from July 4-7th

by David M. Goldman

AAA and sponsor Budweiser has offered “Tow To Go” in the past for most holiday events. Well, let’s not let that trend die! So from the 4th of July to the 7th, AAA will be offering FREE rides for both you and your vehicle. The Number to call is 1-800-AAA-HELP (222-4357).

We all like to indulge in the festivities of the season, but sometimes the indulgences get the best of us and when they do we need to make sure we do not take to the motorways with the perception we can drive. However, this misconception can have dire consequences. As a Jacksonville Attorney, I have seen the consequences of such accidents. These consequences include criminal charges: DUI, leaving the scene of an accident, disorderly conduct, etc. and civil charges: property damage, victims injuries and resulting bills. All these and more could be awaiting you if you decide to drive in Jacksonville following some over indulgence.

Therefore, Jacksonville, be safe this week and remember a FREE ride home is only a call away.

July 5, 2012

Are personal breathalyzers worth the money for a Jacksonville Motorist?

by David M. Goldman

As a general rule, it’s a good idea to refuse a breath test if you ever find yourself pulled over on suspicion of drunk driving. The breath test results often form the crux of the state’s DUI case against you. A breath test that indicates a BAC greater than .08 makes a difficult case to defend that much harder. Some people think they can avoid this trap by purchasing pocket breathalyzers. These devices can cost up to $300 and are advertised as means of allowing you to test yourself before driving home.

Recently, one news organization put one such Breathalyzer, the BACTrack S80, to the test. The $150 device is advertised as providing “professional accuracy at an affordable price.” The organization conducted a controlled experiment to determine just how accurately the device measured a person’s BAC. The test also served as a training exercise for officers to help them recognize signs of an impaired driver.

Four women and one man where served measured amounts of alcohol designed to bring their BAC close to the .08 legal limit. The participants self-assessed the amounts of alcohol served, guessing that they were given the equivalent of two or three drinks apiece. After each round of drinks, the participants were asked to blow into both a police authorized breath test device and the BACTrack S80. Almost every time, the BACTrack S80 device had a lower number than the police authorized device. Moreover, the BACTrack S80 consistently registered lower blood alcohol levels than police Breathalyzer device.

June 15, 2012

What could happen if I leave the Scene of an Accident?

by David M. Goldman

Jacksonville Leaving the Scene of an Accident Cases involve some kind of damage. In some cases, only property is damaged. Florida Statute § 316.061 covers Jacksonville Leaving the Scene of an Accident Involving Damage to Vehicle or Property.

This Florida Law states, “the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled” his or her duty to give information and render aid. In most Jacksonville Leaving the Scene of an Accident Cases involving only property damage, the driver should stop his or her vehicle without obstructing traffic, exchange information with the other driver, and contact the police.

If you are ticketed in Jacksonville for Leaving the Scene of an Accident, contact a Jacksonville Criminal Attorney. Even if you were not arrested and only received a citation, the Criminal Offense of Leaving the Scene of an Accident is a second-degree misdemeanor and will result in a criminal charge.

May 30, 2012

I got a Florida Traffic Ticket; I do not want the points. What can I do?

by David M. Goldman

Have you received a Florida Traffic Ticket? Do you not want points on your Florida Driver’s License? Are you afraid if you get another Ticket you License will be Suspended? Can you not afford an insurance increase? If you answered “YES” to any of the previous questions, you will want to contact a Florida Traffic Ticket Lawyer today.

As a Florida Traffic Ticket Lawyer, I assist my clients in numerous counties around Florida. Through my knowledge and know-how I work with my clients and the Courts to withhold adjudication and prevent points on my client’s license and increases in insurance premiums. However, I cannot guarantee results, I can reassure my clients that I will do my best to resolve their Florida Traffic Ticket in a manner that is amicable for my Client.

Sometimes, my Clients call me too late (i.e. after they paid the fine) and I cannot assist them. However, if you call soon after you receive the ticket and within the days allowable, I will assist you in getting a withhold of adjudication. Furthermore, did you know that simply paying a traffic ticket is an automatic GUILTY? Therefore, points are going to be accessed on your license and your insurance company will take the Florida Traffic Ticket into consideration. So, don’t just simply pay the ticket and walk away, contact a Florida Traffic Ticket Lawyer today!

May 25, 2012

Memorial Day Celebrations could lead to a Jacksonville DUI

by David M. Goldman

This weekend marks the beginning of Summer for most Jacksonville residents. This three-day weekend will allow families and friends to leave home and head to that desired destination. However, with fun and the sun, some might decide to over indulge in alcoholic beverages. Some even decide Driving under the influence would be a good idea. As a Jacksonville DUI Lawyer, I can tell you a Jacksonville DUI is NOT a good idea. The penalties are harsh and could have a lasting impact upon your life and your future career path.

Florida’s DUI laws are governed by Statute. Florida Statute § 316.193, which defines DUI as driving or in actual physical control of a vehicle within this state and the person, is under the influence of alcoholic beverages…[with] a BAC of 0.08 or more. The penalties range depending upon number of convictions and other aggravating factors. Just as a note, the statute just requires a “motorized vehicle” and driving or physical control. So this means you could get a DUI for sitting in a parked car with the motor running listening to music, even if you never had the intention to “drive” anywhere. The law is tricky in this aspect and that is where the advice and counsel of a Jacksonville DUI Lawyer may prove to be invaluable.

But what does all this mean for Jacksonville Motorist? It means a DUI charge can come in many forms, not just driving down the road after having too much to drink. However, a charge of Jacksonville DUI does not necessarily mean a conviction. The State still has to prove their case beyond a reasonable doubt. Furthermore, a Jacksonville DUI Lawyer can evaluate your case and determine if there are any mitigating factors or justifications for the alleged DUI.

May 21, 2012

What Happens if I am Classified as a HTO? Can I Keep my License?

by David M. Goldman

As a Jacksonville Traffic Ticket Lawyer, I have seen many cases regarding Habitual Traffic Offenders (HTO). Although every case has its specific characteristics and details, the end result is always the same; the individual is facing a 5-year suspension of their Florida license. This will not only have a negative impact on an individual’s job, but also their social life, travel plans, and ability to acquire basic living necessities. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. Therefore, as a Habitual Traffic Offender what can I do? You can contact a Jacksonville Traffic Ticket Lawyer to fight for your rights and potentially keep you with a valid Florida Driver’s License. Let me explain HTO.

First, Florida Statute § 322.264 directly addresses this issue. According to the statute, a Habitual Traffic Offender is any person whose record, as maintained by the DMV, shows that such person has accumulated the specific number of convictions for offenses described in (1) or (2) within a 5-year period:

3 or more convictions of any one or more of the following arising out of separate acts: [a]Voluntary/involuntary manslaughter with a vehicle; [b]Any violation of § 316.193 (DUI);[c]Any felony using a vehicle; [d]Driving with suspended or revoked license; [e]Failing to stop or render aid as required by law; [f]Driving a commercial vehicle with privilege revoked; OR