Driver's Licenses

March 27, 2012

My Florida Driver’s License was Suspended, What can I do?

Do 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 Has your Florida Driver’s License been revoked or suspended for too many Traffic Violations?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:

March 22, 2012

I Lost my Florida Driver’s License, How can I get it Back?

by David M. Goldman

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 § 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.

March 21, 2012

How Many Points will I get on My License for My Traffic Citation?

by David M. Goldman

As 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.

March 19, 2012

Woman Arrested for DUI Following Bike Week

by David M. Goldman

Florida 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.

March 17, 2012

Happy St. Patrick’s Day Jacksonville!! Remember DUI is a Criminal Offense

by David M. Goldman

Jacksonville, 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.

March 16, 2012

St. Paddy’s Day Brings Stronger DUI Enforcement by FHP

by David M. Goldman

Florida Highway Patrol (FHP) has been stepping up their DUI enforcement in Jacksonville, Clay, St. Johns, Nassau, and else where this week leading up to St. Paddy’s Day on Saturday. The FHP and other law enforcement agencies are joining the national campaign of “Drive Sober or Get Pulled Over” that has been geared to reducing the amount of accidents and injuries from reckless, speeding, or negligent drivers.

This National Campaign stems from Florida accident reports of 2010. During that year, there were approximately 18,000 alcohol-related accidents in Florida alone. As a result of those accidents almost 800 people lost their lives and another 12,000 suffered injuries.

Jacksonville residents and residents in the surrounding areas, as you head out this weekend, remember not to drink and drive. It could be the difference between a hangover and a Jacksonville Felony Charge. Therefore, if you find yourself facing a Jacksonville DUI or other Criminal Offence, contact a Jacksonville Criminal Defense Lawyer to discuss your case and determine what is the proper approach in moving forward.

March 12, 2012

What can I do as a Habitual Traffic Offender?

by David M. Goldman

As an Orange Park Habitual Traffic Offender (HTO) Defense Lawyer, I have many calls regarding HTO. Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their 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. Fortunately, there is something an Orange Park driver can do about this. They can contact an Orange Park HTO Defense Lawyer to represent them. As I work my way through these cases, the same questions appear time after time; what is HTO and What can I do? Well taken in turn, I will briefly explain both in hopes of granting you a better understanding of your current position.

An Orange Park Habitual Traffic Offender 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:

(1) 3 or more convictions of any one or more of the following arising out of separate acts:

March 7, 2012

I Received a HTO Notice in St. Augustine, What can I do?

by David M. Goldman

As a St. Augustine HTO Defense Lawyer, I have many calls regarding Habitual Traffic Offenders (HTO). Although every case has its individual characteristics, the end result is always the same; the individual is facing a 5-year suspension of their 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. Fortunately, there is something a St. Augustine driver can do about this. They can contact a St. Augustine HTO Defense Lawyer to represent them. As I work my way through these cases, the same questions appear time after time; what is HTO and What can I do? Well taken in turn, I will briefly explain both in hopes of granting you a better understanding of your current position.

A St. Augustine Habitual Traffic Offender 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:

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

February 22, 2012

I Just Received a Speeding Ticket, What do I do Now?

by David M. Goldman

In Jacksonville and across Florida life comes at you fast and sometimes you follow. However, this could lead to a Jacksonville Speeding Ticket. Jacksonville Sheriff’s Office (JSO) is cracking down on aggressive and speeding drivers this month. Therefore, with the increase in Police presence on our motorways, more Traffic Tickets are to follow. But, what happens after I get a Jacksonville Speeding Ticket?

In most Traffic Tickets you are given three (3) options. First, you may elect to just pay the ticket. Second, you may elect to complete a traffic school in order to reduce the penalty and potentially your insurance. Finally, you have the option of setting a court date and appearing before the Duval County Traffic Court, thereby arguing your case before a judge. However, some Jacksonville Traffic Tickets do not allow these options and you must set a court date to appear before a judge. These types of tickets are Criminal Traffic Tickets, the most common being driving with knowledge of revoked or suspended license.

The next aspect to consider is the points that will be added to your license at the conviction of each Traffic Citation. According to the Florida Department of Highway Safety and Motor Vehicles the amount of point that will be placed on your license will be determined by the speed you were traveling over the speed limit. Furthermore, if you are ticketed for traveling 15 MPH or more over the speed limit you will most likely face 4 points on your license. If your ticket is less than 15 MPH over the speed limit you are likely to face 3 points on your license. The points placed on your license will depend upon what was noted on the ticket, not your actual speed. So, if the Officer reduces the amount to only 13 over as a “favor” you are still going to have 3 points placed on your license.

February 17, 2012

Florida’s “Move Over” law and Increased Enforcement

by David M. Goldman

Jacksonville is known for its large population and spread out city. The city of Jacksonville covers an area stemming from the downtown, over the intercoastal, and ends at the beaches. That is a lot of surface area and even more roads and motorways. Also, Jacksonville has a desire to always have road construction on all major motorways. These are all factors and more play into the large amount of car accidents and speeding tickets Jacksonville residents incur every year. Well, what some may not know is when a emergency vehicle is stopped on the side of the road, you are required to either change lanes or reduce speed to 20 mph below the posted speed limit.

This law is called the Florida “Move Over” law and has been enforced going on 10 years. Unfortunately, many drivers ignore this law and that has caused almost 200 officers to loose their lives when responding to an emergency situation. Furthermore, there were numerous other incidents resulting in injuries or property damage. Therefore, February, Law enforcement officers in Florida, Alabama, and Georgia will be cracking down on violators of the “Move Over” law. This law is not exclusive to Florida, but has been adopted in most states; excluding Hawaii and Washington D.C.

This month expect an increase in ticketing in Jacksonville and across the state. But, just because you receive a ticket does not automatically mean you are guilty. Maybe, you didn’t see the officer in time to slow down or changing lanes was not available. These are just considerations a Jacksonville Criminal Defense Lawyer will consider after you have received a ticket. These tickets could impose fines, points on your license, and/ or an increase in insurance. If you have received a ticket in Florida and want to discuss you matter with a Jacksonville Criminal Defense Lawyer, contact us today!