Articles Posted in Traffic Tickets

What is Probable Cause?

“Probable Cause” is the standard used to determine whether or not there is sufficient reason to make an arrest.  In the case of Bryant v. State,  the Second District Court of Appeals described probable cause, as follows:

“Probable cause for an arrest has been defined to be a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused to be guilty. * * * It is not necessary for the officer to see and know that the law is being violated. Nor is it necessary for him to satisfy himself beyond question that a felony has in fact been committed, to justify an arrest without a warrant, though he may not act on unsubstantial appearances or unreasonable stories.” 4 Am.Jur., Arrest, Sec. 48, pp. 32-34.

by

Seeing the flashing lights and hearing the siren of a police car behind you while on the road is always scary.  In the best cases, these traffic stops are very brief and only involve a short conversation.  In other instances, though, the stop may become much more serious, and the officer may at some point tell the driver they want to search the vehicle.  If you find yourself in this situation, it is critical that you know what to do and that you understand how to protect your rights.  Your Jacksonville criminal defense lawyer can assist you with any illegal search and seizure that you may be subjected to.

Vehicle Searches Under the Fourth Amendment

             The Fourth Amendment protects all American citizens from unlawful search and seizure.  Before law enforcement searches any property, they must obtain a search warrant to do so.  That protection applies to vehicles as well, but drivers may have fewer rights when an officer wants to search their vehicle.  The law recognizes that drivers could easily leave the scene if the police officer had to obtain a warrant before searching the vehicle.  As such, police officers must only have probable cause to search a vehicle during a traffic stop, and they do not need to obtain a warrant.

by

            The criminal offense of driving under the influence (DUI) seems straightforward but is much more complex than people first think.  It can be found in Florida statute §316.193.  All drivers within the state of Florida should know about the state’s DUI laws, and what they entail, so they do not find themselves facing charges.  If you have been charged with a DUI, your Jacksonville criminal attorney can assist you with getting the best result out of a bad situation.

             DUI vs Drunk Driving

            The Florida Statutes define the offense of DUI as driving or having physical control of a vehicle while under the influence of alcohol, chemicals, or controlled substance that results in blood alcohol of at least 0.08 percent, or that impairs a person’s normal faculties.  Many people use the terms “DUI” and “drunk driving” interchangeably, but the two are different.  While a drunk driver is considered to be under the influence, not all motorists under the influence are drunk, as chemicals and controlled substances can also impair a person.  Some people can be impaired taking over-the-counter medications such as Nyquil.  Consult your local Jacksonville criminal attorney if you have been charged with driving under the influence.

In the state of Florida, a person who has any alcohol in his or her body is prohibited from being in physical control of a motor vehicle.  F.S. 322.62.  The penalties for violation of this law result in being placed out of service immediately for a twenty four hour period.  If one has a blood alcohol level of .04 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of .04 grams of alcohol per 210 liters of breath, he or she is exposed to additional penalties that are enumerated in F.S. 322.61.  The ramifications could result in adverse effects on one’s livelihood with restrictions on the operation of a commercial vehicle.

What Are the Possible Ramifications of a Single Drink?

A single drink can result in fulfilling the first element of proof required to prove a DUI charge.  The next element required to meet the definition of a DUI in Florida is proof that an individual was driving a motor vehicle within the state of Florida.  The last element required to prove a DUI case is that the offender’s normal faculties are impaired.  The last element may be proven by an officer’s belief that the driver was impaired and or by the smell of alcohol on his or her breath, slurred speech, difficulty standing, walking in a straight line, based on a field sobriety test.  This is a non inclusive list.

Is There a Warrant Issued in My Name?

There are numerous warrants issued for almost every type of crime that occurs in Florida.  The warrant system is used to apprehend criminals and those accused of a crime.  Despite the belief that warrants expire, they do not.  Additionally, warrants can be executed at anytime.  Just because you may not be located within the territory of the state that issued a warrant, you are not safe from exposure to arrest.  It is common for warrants to be issued for both felonies and misdemeanors in Florida.  A warrant will be active until it is served, the individual dies, or the judge recalls the warrant.  It is important to resolve a warrant promptly, so one does not have to deal with a multitude of problems unexpectedly.  Your arrest could result from the most minor traffic stop for a tailgate light.

The FDLE has a database which usually lists active warrants and may be found online at http://www.fdle.state.fl.us/.  You can select “search wanted persons” and you will be taken to a search screen.

When Should You File a Post Conviction Relief Motion in Florida?

A motion for post conviction relief is a motion that is filed after an individual is convicted of a crime where the court is being asked to relieve a person from their conviction.  The following grounds may be used as the reason for filing:

  1. The sentence imposed was illegal or violates the Florida or United States Constitution.

Florida Statute 316.2953 provides the law on window tinting and what is legal in the State of Florida.  It states that “a person shall not operate any motor vehicle on any road on which vehicle the side wings and side windows on either side forward of or adjacent to the operator’s seat are composed of, covered by, or treated with any sunscreening material or other product or covering which has the effect of making the window nontransparent or which would alter the window’s color, increase its reflectivity, or reduce its light transmittance.”  The statute provides that “a sunscreening material is authorized for such windows if, when applied to and tested on the glass of such windows on the specific motor vehicle, the material has a total solar reflectance of visible light of not more than 25 percent as measured on the nonfilm side and a light transmittance of at least 28 percent in the visible light range.”  What happens if a police officer sees your window tint and pulls you over, resulting in DUI arrest?

window tint duiIn State v. Coley, 157 So.3d 542 (Fla. 4thDCA 2015), Gary Coley was stopped by police for an illegal window tint.  He was charged with possession of cocaine and cannabis and he moved to suppress any and all contraband seized, and statements made, arguing that there was not probable cause for the stop.  The police officer testified that he had issued many citations for illegal tints of side windows during the hearing.  He stated that in his experience, the tint is illegal where the driver of the vehicle cannot be seen.  The officer correctly stated that per statutory regulation, a tint measurement of less than 28 % is illegal.  The officer indicated that he stopped Coley because he could not see the driver of the vehicle through the tint of its side windows, thereby giving him probable cause to conduct the traffic stop.  The defense argued that the traffic stop was illegal due to the officer’s mistake of law because the law does not state that if a driver cannot be seen through it, then the tint is illegal.  The trial court granted the motion to suppress.

The Fourth District Court of Appeals held that a traffic stop is permissible under the Fourth Amendment where an officer has probable cause to believe that a traffic infraction occurred.  The court provided: “As we have previously recognized, the probable cause standarddoes not demand any showing that such belief be correct or more likely true than false. A ‘practical, nontechnical’ probability … is all that is required…. Finally, the evidence thus collected must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.  State v. Neumann, 567 So.2d 950, 952 (Fla. 4th DCA 1990) (citations omitted) (quoting Texas v. Brown, 460 U.S. 730, 742, 103 S.Ct. 1535, 75 L.Ed.2d 502 (1983)).”

In most situations, bad driving gets you a traffic ticket. However, for some driving offenses, traffic tickets are not enough as far as the law is concerned. You can be arrested for being a bad driver. Recently, a woman was arrested in Virginia after being caught driving over 90 mph on three separate occasions within an hour. The third time she was stopped, Kai Kitchen was arrested for reckless driving.

Reckless drivingFlorida has its own version of reckless driving.  Florida Statute 316.192 states, “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.”  Reckless driving is a criminal offense that can lead to jail, even prison in some cases, depending on whether it’s the first conviction or whether there are injuries or property damage.  Reckless driving is deemed more serious than simple careless driving.  Careless driving leads to a civil citation and is defined in Florida Statute 316.1925, which states, “Any person operating a vehicle upon the streets or highways within the state shall drive the [vehicle] in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.”

Reckless driving can be punished more severely, because it looks at situations where the driver is actively doing something that can be dangerous, while careless driving is more like being absent minded while driving.  Causing property damage, an injury, or even a death while driving carelessly isn’t a criminal offense, but doing either while driving recklessly can result in a stiff punishment.

While entering a convenience store parking lot, you accidentally bump another car while pulling into a parking space.  There is no one in the car.  You go in side the store and ask around to find the car’s owner.  However, you strike out.  The owner is nowhere around.  What do you do?  Florida law, under Florida Statute 316.063,  requires a driver in this situation to leave a note with the driver’s name, address, and registration number in a place on the damaged car that can easily be seen.  Afterwards, the accident should be reported to the police without unnecessary delay.  After doing the things that you required to do by law, you are free to leave.

Leaving the scene of an accident

Leaving the scene

Leaving the scene of an accident in Florida is not necessarily a crime.  under Florida Statute 316.063, but leaving without providing the information above can land you in hot water.  Not contacting the police as soon as possible can get you into trouble also.  Leaving the scene of an accident or a” hit and run” that involves only property damage is a simple misdemeanor and NOT  likely to get you jail time or anything like that, but it is too simple to avoid for you to be in trouble with the law.  Leaving the scene of an accident involving injuries is another story.  Just as there is a duty to provide certain information after a crash, there is also a duty to render aid to people injured in a crash.  Leaving the scene of an accident involving injuries is a felony offense that can be punishable by a prison sentence.

New Law will ban Florida Truckers from Texting and Driving

The federal government in recent years has made stricter laws to prevent accidents involving commercial drivers. In 2013, Gov. Rick Scott signed a bill that allows Florida truckers to be stopped and fined for texting while driving.  The highway safety bill HB 7125 now brings Florida law into compliance with federal regulations that ban truckers and other commercial vehicle operators from texting or talking on their cell phones without a wireless device such as a blue tooth.

truckThese new laws are significant because it makes texting while driving a primary offense for truckers and will also cause both truckers and their companies to face fines for violating of the law.

For initial violations, commercial drivers must pay a $500 fine and their companies must face a $2,750 fine.  Once a commercial driver has received a third violation or more, drivers would have to pay $2,750 and face a 120-day license suspension.  After a third violation by the same commercial driver, a company may be liable to pay up $11,000 in fines.

Continue reading

Contact Information