answered on Mar 8, 2024
Can it? Yes, but not likely. The jurisidiction you are in has a set fine schedule and what other fees/amounts which may be assessed in connection with an adjudication. Unless the Judge has gone in excess of this it is not considered excessive. If you are unable to pay the fine, you can go back... View More
Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More
answered on Feb 22, 2024
Law enforcement officers have the right to enforce traffic laws anywhere the public has a right to travel- even private property in most cases. Shopping mall parking lots are privately owned, but the public can navigate them. The next issue becomes if you were in or out of the vehicle or the... View More
Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More
answered on Feb 23, 2024
Please look to Mr Blecher's answer in relation to roads and public parking lots. You say the officer didn't see you driving on a road. Maybe so, but the officer might say something different. Your claim that the officer didn't "see" you could be construed as an admission... View More
My son was out on probation from a dui/manslaughter from 2014 where he did 8.5 years and 5 years on probation. While on probation last week he was arrested again for DUI, Revoked license and VOP wanting to know a quote to represent him and what he might be lookin at.
answered on Jan 19, 2024
This goes without being said that this is a serious matter. However, I personally would want to know more about both the underlying case(DUI manslaughter) and the new DUI case before quoting a price. For example, I would want to know the victim's position on this matter, is the new DUI case... View More
answered on Jan 12, 2024
Florida Statute 316.003 (73) defines "roadway" as "That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. I...". "Street or highway" is defined in subsection (89) to include any area, whether or not... View More
I think I have enough money saved to get my iid and insurance to reinstate them is this a good idea
answered on Dec 27, 2023
If you are caught driving with a suspended license in Florida more than a year after a DUI, it indicates a serious violation. While you may have saved enough money to obtain an Ignition Interlock Device (IID) and reinstate your insurance, it's crucial to approach this situation carefully.... View More
I was not given a ticket/citation therefore not sure why the court date?
answered on Dec 19, 2023
If you were pulled over in Florida for driving more than 30 mph over the speed limit and initially told there would be no ticket, but later received a notice of arraignment in the mail, it suggests a potential change in the situation. It's important to address the notice promptly, as an... View More
She’s has told me numerous times that she'll do it but she has not done so yet at this point and it’s been over a year now. Thanks
answered on Nov 27, 2023
She's violating the law, likely subjecting her to a potential fine if caught. If she uses her old address for voting purposes and now lives in a different precinct, she may even be subject to a potential criminal charge. If you'd like to try forceful persuasion, you can hire a lawyer to... View More
As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?
answered on Sep 30, 2023
Licenses are not issued without an application and a fee submitted by the person seeking the license. Wonder if you're an identity theft victim. Request a copy of the license application, then see a lawyer. Regarding driver's license requirements for motorcycles, if the engine size... View More
As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?
answered on Oct 15, 2023
Traveling by motorcycle without a license or insurance is generally not a constitutional right but rather subject to state laws and regulations. In the United States, each state has its own laws regarding the licensing and insurance requirements for operating a motorcycle on public roads. While the... View More
The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More
answered on Sep 15, 2023
Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More
answered on Aug 8, 2023
If pulled over for speeding with a learner's permit, you could receive a ticket, fines, and points on your record. This might delay getting a full license and could impact insurance. Rules vary by state, so check with your local DMV for specific consequences. Drive safely to avoid such situations.
Being sued for property damages that where authorized y Sheriffs office in Jacksonille Fl.Judge did not allow me to defend myself or show documentations that showed the reason of my actions....its was put boots on truck while was asleep
answered on Jul 28, 2023
In order to receive advice on whether the judge acted properly or improperly in your case, as well as what can be done if the he/she acted improperly, you need to schedule a consultation with an attorney. Whether a judge can refuse to review items of evidence depends on various factors, including... View More
I've been on bail bond now for a year and the case has yet to be filed (Criminal information / Boating While Intoxicated) in Texas. I've since moved to Florida and changed all my registrations and Driver's license to Florida. Do the bond conditions from Texas still apply to me in... View More
answered on Jun 20, 2023
Your open case could show up on a police check of your ID if you get pulled over and might subject you to some scrutiny-particularly a DUI arrest. More likely if you're on probation. Simply notifying the court of your change of address may be insufficient and should require a signed Order... View More
I got pulled over for speeding in Palm Bay Fl. Cop wrote the ticket and he was mad that I asked for why I didn’t get a warning. Had to try
answered on May 24, 2023
Good rule of thumb is don't upset the police officer that is writing you a ticket, you may get something you don't want. Is it invalid? Depends. If he originally gave you a break and wrote a lower speed because he though you had a good attitude then you were a jerk, it is not invalid,... View More
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
answered on May 10, 2023
You should contact the Bureau of Administrative Review, in Florida, to determine if your NV class will meet the requirements of Florida’s DUI level 1 school. Unless you live or work in a Florida County, you are prohibited from taking the FL DUI level 1 class. Thus, out of State classes should be... View More
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
answered on May 18, 2023
You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... View More
answered on May 8, 2023
Police misconduct in search and seizure is still around - despite the Exclusionary Rule and thousands of cases trying to rein in police overzealous behavior. If you were arrested as a result of evidence found during an illegal search, your lawyer can try to exclude the seized evidence from court... View More
answered on May 8, 2023
Under Terry v Ohio, a police officer is permitted to do a reasonable search for weapons for his protection where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The scope of this... View More
This is a hypothetical question. I'm not asking about the distance between cars while moving. I'm specifically asking about the spacing between cars while they are stopped at a traffic signal. Can you be ticketed if you park too close (not touching) to the car in front of you? I have not... View More
answered on Mar 20, 2023
Florida Statute 316.0895 Following too closely.— :
"(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway.... View More
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