Driver's Licenses

February 16, 2012

I have been classified as a Jacksonville HTO, now what?

As a Jacksonville Criminal Defense Attorney, I have seen many cases 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. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. So, the State has labeled me as a HTO, What can I do about it?

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

January 30, 2012

Can I be Convicted as a Jacksonville Habitual Traffic Offender even though I never had a License?

by David M. Goldman

The 1st DCA recently heard a case involving the erroneous conviction of a man as a HTO although he never acquired a State license. (Crain v. State). In this case, Crain was tried and convicted as a HTO although he never had a Florida driver’s license. The issue before the Court is whether a person can be convicted under F.S.A. § 322.264 noting § 322.34(5). The Court ruled that Crain’s felony conviction be overturned and adjudicate him guilty of driving without a valid driver’s license (a misdemeanor).

The State contended a commonality between “driver’s license” and “driving privilege,” stating these two were mutually exclusive. Furthermore, in closing arguments, the State differed from the statutory language and added “or driving privileges” into the statutory jury instructions. The Defense, on the other hand, contends that the State overreached its bounds by expanding the Florida Statute to include what was not meant or intended to be included. Additionally, the Defense points to § 322.34(6) where the legislature defines the crime of driving without a valid driver’s license as a separate offense from § 322.34(5).

The Court ruled in favor of the Defendant on the grounds the State failed to prove Crian ever had a license and therefore the State could not prove he drove while his license was suspended/revoked.

January 12, 2012

Florida Resident Charged with 3 Felonies after Hitting his Mother with a Car

by David M. Goldman

Recently, Anthony M. Migliaccio of St. Augustine, Florida was arrested after he hit his mother twice with a vehicle, crashed into a fence, and then fled the scene to avoid the police. He was later arrested hiding in the woods near Century Boulevard in St. Augustine. Anthony, 23, has been charged with aggravated battery with a deadly weapon, hit and run, criminal mischief and resisting arrest without violence. All the charges pending against Anthony are Felonies, besides the resisting arrest, which is a misdemeanor.

According to the reports, Anthony’s mother attempted to stop him from driving because his license was suspended. He then proceeded to hit his mother with the car as she approached and hit her again as she lay on the ground. He attempted to flee in the vehicle but crashed into a fence, where the vehicle got stuck. Anthony fled the scene on foot until later apprehended by police. His mother only suffered minor injures from the incident.

Currently, Anthony remains in St. Johns County jail on a $62,000 bond. When facing several criminal charges, the advice and counsel of a Jacksonville Criminal Defense Lawyer can prove to be invaluable. A Jacksonville Criminal Defense Lawyer will discuss your case with you, determine possible defenses and justifications, and work with you for the best possible outcome in your Criminal law matter.

January 6, 2012

I have a DUI, What do I do?

by David M. Goldman

As the New Year begins, some Jacksonville residents may be in a position that was not anticipated as they went out for their New Year’s Eve Celebration. I mean, some Jacksonville residents indulged in the festivities a little too much and are now facing a Jacksonville Driving Under the Influence (DUI) charge. Now what? What do I do? You should consult a Jacksonville Criminal Defense Lawyer to discuss your case and make the proper determinations in moving forward.

When you are pulled over for DUI, the officer is likely to ask you to take one or both of these tests: field sobriety or a breathalyzer. While you have the right to refuse to take either test, be mindful that Florida follows an “implied Consent Law.” Florida Statute § 316.1932. This means although you have the right to refuse the test it will result in an immediate suspension of your license for one year. This could however limit the evidence the state has gained against your DUI charge because there will not be a record of your Blood Alcohol Level (BAL).

However, if you have chosen to take the tests, the results are not definite. There are several mitigating factors a Jacksonville Criminal Defense Lawyer can consider when defending your DUI charge. For instance, is the breathalyzer functioning properly, is the result so close to .08 accurate, etc. As for the field sobriety test, what were the weather conditions, did the defendant have proper footwear on, what condition was the road in, etc. All these factors and more can be determinative when facing a Jacksonville DUI.

January 4, 2012

What is a Habitual Traffic Offender?

by David M. Goldman

As a Jacksonville Criminal Defense Attorney, I have seen many cases 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 have a negative impact on an individual’s job, social life, travel, and acquiring basic necessities. This hindrance will only be compounded with Jacksonville’s less than adequate public transportation system. But, what actually is a Jacksonville Habitual Traffic Offender and how can I prevent becoming a Jacksonville Habitual Traffic Offender?

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:

December 6, 2011

My Florida Driver’s License is Being Suspended for 5 Years

by David M. Goldman

As a Jacksonville Florida Driver’s License Lawyer, I get many calls from people stating, “Help! I just received a letter in the mail that says my driver’s license is going to be suspended for five years.” The Jacksonville driver that called is normally being declared a Florida Habitual Traffic Offender (HTO), and that is why his or her license is being suspended for five years. As a Florida HTO, if the driver gets caught driving with a habitual traffic offender suspension in Jacksonville, he or she will be arrested for felony driving with a suspended or revoked license.

When you receive a letter from the Florida Department of Highway and Safety Motor Vehicles, do not wait to do something about it. Stopping your Florida Driver’s License from being suspended cannot occur in a day. You will likely need to reopen one of your older cases to reverse this Habitual Traffic Offender suspension. A Jacksonville Criminal Defense Lawyer should discuss your case with you. In order to reopen an old Jacksonville Driving on a Suspended or Revoked License case, your attorney will need to be able to present the court with mitigating evidence that will set you apart from other Jacksonville drivers in the same situation. When talking with a Jacksonville Criminal Defense Lawyer, it is important to tell him everything about your Florida Habitual Traffic Offender driver’s license suspension and your Florida driving record, so he can prepare your case properly for you.

Contact a Jacksonville Criminal Defense Lawyer, to discuss your Florida driver’s license case and determine what mitigating factors may prevent you from losing your license for 5 years!

October 26, 2011

Consequences of Misdemeanor Drug Charges in Jacksonville Florida

by David M. Goldman

If you are charged with a misdemeanor drug crime in Jacksonville, Florida, there are somethings that you should know. Although the crime is a misdemeanor, a drug crime is not a minor crime. For instance, possession of less than 20 grams of marijuana is a misdemeanor in Florida. However, it carries serious ramifications. You can receive up to one year in jail for the charge. Even if you do not receive a jail sentence for possession of marijuana, it is still on your criminal record. Schools, potential employers, and the general public will be able to see your Florida criminal record and the misdemeanor drug charge. If you are convicted of the Jacksonville drug crime, you will not be able to seal or expunge the arrest. Therefore, discussing your case with a Jacksonville Criminal Lawyer before you enter a plea to the drug crime is crucial.

Under Florida Statute Section 322.055, your Florida Drivers License will be suspended for two years in you are convicted of certain drug offenses. While the court may direct the Florida Department of Highway Safety and Motor Vehicles to issue a hardship license, a hardship license is not available until at least six months of the revocation or suspension has expired. For most people, their Florida drivers license is crucial to maintaining employment, so even six months without a license can result in job losses. Also, if you get caught driving on a suspended license, you are looking at another Jacksonville criminal charge, Florida Driving with a License Suspended or Revoked.

October 10, 2011

What Happens if I am Pulled Over and My Florida Driver’s License is Suspended?

by David M. Goldman

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.

September 23, 2011

Driving on a Jacksonville Suspended License Leads to Fleeing and Attempting to Elude

by David M. Goldman

Quite often, a minor crime will lead to a major crime. For instance, I have seen Jacksonville Criminal Defendants that have had their drivers licenses suspended habitual traffic offenders. Like most people, Jacksonville habitual traffic offenders have jobs and families that they need to support. Therefore, they end up driving without a driver’s license in Jacksonville, Florida. As Jacksonville Habitual Traffic Offenders, if these drivers are caught, they will be arrested for a felony (See Jacksonville Florida Driver’s License Suspended for Five Years as a Habitual Traffic Offender ). In a few Jacksonville Habitual Traffic Offender cases, I have seen these drivers fleeing police officers that are trying to stop their vehicles due to the fear of arrest. When they are caught, they are arrested for Jacksonville fleeing and attempting to elude a law enforcement officer. Now, they are facing additional felony charges.

This scenario could have been prevented. When I am reviewing a habitual traffic offender’s driving record, I often see that there are things that the Jacksonville habitual traffic offender can do in order to try to obtain a valid driver’s license. However, once a driver gets to the point that he or she has been arrested for Jacksonville Fleeing and Attempting to Elude, it may be too late.

That is why it is so important to correct the driving record at the early stages and get a valid Florida driver’s license. If you need help with your Florida Drivers License, contact a Jacksonville Criminal Defense Lawyer to review your Driving Record and determine what they can do for you.

August 21, 2011

Jacksonville Florida Driver’s License Suspended for Five Years as a Habitual Traffic Offender

by David M. Goldman

In Jacksonville, Florida, a habitual traffic offender (HTO) 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 aJacksonville Criminal Defense Lawyer to discuss your case and determine what steps can be taken in order to try and reinstate your license.