Articles Posted in Driver’s Licenses

Habitual Traffic OffenderNo 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.

Ponte Vedra Traffic Citation AttorneyAs a Ponte Vedra Traffic Citation Attorney, I use all my available resources to provide my clients with Zealous representation. I further strive to resolve my clients with the best possible outcome given their current circumstance. However, my attention was drawn to a recent article about a College Student’s testimony and his resolution of a Traffic Violation. In this case he was able to fight the ticket and get the charges dropped against him, saving $400!

In this circumstance the College student, Dmitri Krioukov, was issued a Traffic Citation for running a Stop sign. Dmitri was able to use his knowledge of Physics to challenge the officer’s perception and ultimately convince the court that a mistake had been made. I have attached a copy of the document, The Proof Of Innocence for your review and insight into how Dmitri went about Fighting the Traffic Court.

This case has caught attention from national news agencies and Traffic Attorney’s everywhere. While I cannot say if you get a Ponte Vedra Traffic Citation, I will be utilizing the officer’s perception based upon linear speed and obstruction of view to fight your ticket. I can tell you I will use whatever resources available to me to provide you with a defense that is both within the confines of the law and will result in an amicable resolution of your case.

San Marco Habitual Traffic Offender Defense LawyerAs a San Marco Habitual Traffic Offender Defense 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 San Marco Habitual Traffic Offender what can I do? You can contact a San Marco HTO Defense 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:

  1. 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

Florida Traffic Citation AttorneyAs a Florida Traffic Citation Attorney, I am no stranger to Traffic Court. All too often Florida Drivers just pay the fine and never think about the ticket again. However, that is not the best way to dispose of your Florida Traffic Citation. Did you know when you simply pay the Florida Traffic Ticket you are adjudicated guilty? This could have serious negative impact upon your Florida driver’s license and your insurance. An adjudication of guilt for a Florida Traffic Ticket could result in increased insurance premiums and the loss of your driving privileges.

As a result, I advise my clients not to simply pay the fine, but to hire a Florida Traffic Citation Attorney to represent them and to prevent points being incurred upon their license and insurance.

As a Florida Traffic Citation Attorney, I have represented Clients in the following Counties:

Neptune Beach Habitual Traffic Offender Defense AttorneyAs a Neptune Beach Habitual Traffic Offender Defense Attorney, I am faced with Clients that have lost their Florida driver’s license and have nowhere to turn. Many do not understand why they have been labeled a Neptune Beach Habitual Traffic Offender (HTO) or the consequences of such a label. Not having a valid Florida driver’s license is a huge burden to bear. It will have a negative impact on an individual’s career, life style, travel plans, social life, and the ability to gain access to basic living necessities.

However a Neptune Beach HTO is not without options. I can review your driving history and determine what offenses have placed you on HTO status. Then based upon that information I can go before the Court and represent your best interests. Finally, if granted, I can get the HTO status reversed and therefore allow you to regain your license.

First, let me explain how your Neptune Beach HTO status was determined. HTO is defined under Florida Statute § 322.264. 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:

RevokedDo you have a Florida Driving Record that reads like a novel? Is your Florida Driving History far from perfect? Has your Florida Driver’s License been revoked or suspended for too many Traffic Violations? If so, you may have options to get your license back or to prevent it from being suspended in the first place. As a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding suspended license or the receipt of a traffic ticket. I assist these clients in regaining their license and preventing any further negative consequences from not having a valid Florida License.

As a Jacksonville Criminal Defense Lawyer, the question I hear the most is “My Florida Driver’s License was suspended, what can I do?” Most of the time Florida Drivers have their license suspended for excessive points. These points are assessed every time you receive a Florida moving violation and are convicted for the offense. Basically, when you pay the fine you are convicted for the offense and points will be awarded. However, you do have options and if you act quickly a Jacksonville Criminal Defense Lawyer can try to prevent points from ever being issued on your license.

Florida Statute § 322.27(3) (a)-(c) define the amount of points required for having your license suspended:

Keys.jpgI 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 § 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 § 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.

Florida Ticket.jpgAs a Jacksonville Criminal Defense Lawyer I am faced on a daily basis with clients calling regarding a recent Jacksonville Traffic Citation and the points that could be received on their license. 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.

DUIFlorida Highway Patrol (FHP) arrested 77 year old Barbara Dunn for DUI after crashing into a group of Bikers. According to the report, Dunn was driving North on Oceanshore Blvd. when she swerved into the Southbound lanes. Once heading in the wrong direction, she struck a group of bikers heading South. Unfortunately, one biker died as a result of the accident and two others were injured. Dunn is currently in Volusia County Jail for a DUI charge.

As a Jacksonville Criminal Defense Lawyer this story comes as no surprise. Last weekend was a big weekend all around Florida; especially in Daytona. In Daytona Bike Week was wrapping up and St. Patrick’s Day celebrations were occurring as well. It was a time of fun, sun, drinks, and more. But, some, like Dunn, over indulge and take to the wheel. Driving under the influence is a Criminal Offense and can hold some severe penalties. As a Jacksonville Criminal Defense Lawyer I can assist you in your defense and make sure your rights are being protected along the way.

Driving under the Influence happens, but sometimes the Officers get it wrong. Was the breathalyzer broken or malfunctioning? Was there another reason you did not perform well on field sobriety test? Did you refuse the test? What evidence does the State have against you? All these questions and more can be answered by a Jacksonville Criminal Defense Lawyer during your initial FREE consultation. As a Jacksonville Criminal Defense Lawyer I can make the determinations as to what defenses apply and make sure your rights are being protected. Therefore, if you or a loved one are facing a Florida DUI, contact a Jacksonville Criminal Defense Lawyer today. It could prove to make all the difference in your Florida Criminal Case.

https://www.jacksonvillecriminaldefenselawyerblog.com/files/2015/02/St.-Patricks-Day2.jpgJacksonville, its St. Patrick’s Day, a time of celebration and all things green! But remember that driving under the influence can lead to both civil and criminal liability. So, lets make this St. Patrick’s Day safe and enjoyable for everyone. Don’t Drink and Drive!!

As a Jacksonville Criminal Defense Lawyer, I can tell you that driving under the influence will open a person to both criminal and civil penalties. Furthermore, drunk driving is the most preventable Jacksonville criminal offense. That is why Budweiser and AAA have come together to get Jacksonville home safely this St. Patrick’s Day. Their program “Tow to Go” will send a tow truck to your location and take both the driver and his or her vehicle to their home; safely. The best part is that it is a completely FREE service!

The number to call is 1-800-AAA-HELP.

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