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.... Read more »

Is this a hypothetical question, or have you been charged?

If the prosecution can prove that it was you who committed the violation, yes, the conviction will apply to you. If, on the other hand, you contest the ticket and the prosecution is unable to prove that it was you, the prosecution will not prevail against you.

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »

I assume you mean that his view was partially OBSTRUCTED. And, if your view was obstructed as well, yes, you could well argue that you would have safely made it through the intersection, or he would have been able to stop, if he had not been speeding.

Your husband can pursue a case against the driver and the car owner under the Dangerous instrumentality doctrine. Retain counsel here in Florida on contingency fee, which means your husband doesn’t pay anything unless he wins the case.

I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »

Sure, you should. If you don't, and you visit here (I assume the ticket was in Florida), you might get into trouble. Also, there is an interstate compact by which your driver license can be suspended for failure to pay the ticket.

No, when you were ticketed, the bike was not registered, so you are guilty. But if you get it registered before the hearing date, it is possible that the charges could be dropped.

If the car in front of you suddenly stopped, it seems like you probably shouldn't have been also trying to run the yellow light. But, at any rate, to prove you backed up, the prosecution will have to call the supposed witness. If that person testifies, you can impeach the witness'... Read more »

That depends on what caused you to lose control - someone else's carelessness or your own?, or a combination of both? Regardless, to get the advice you really need for this issue, you must schedule an appointment with an attorney handling traffic ticket defense in your geographic area. With... Read more »

You indicate that there was no "damage to either vehicle", but the default judgment apparently indicates otherwise. I suggest that you get an attorney to negotiate a settlement (perhaps paying only a portion) with the judgment creditor.

Jonathan Blecher
answered on May 24, 2022

There are many jurisdictions in Florida where Zoom remote hearings are taking place. Speak with an attorney who can work out the logistics and have the warrant quashed. Otherwise you’ll never be able to enter our borders without an arrest.

The short answer is "in plain view." If it's in the trunk or under the seat, the officer isn't going to find it at a glance, to get probable cause.

I don't believe you have to pay any of the fines to get your license reinstated; you just have to show proof of insurance. But you might want to review the statute to be sure:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0324/0324ContentsIndex.html

Firstly, do you have your own car insurance? If so, you need to report this accident to them immediately. If you have car insurance, hopefully they can pay the cost to replace your vehicle, although, I'm sure, it won't be much considering the year of the vehicle. Did the police come to... Read more »

I don't see a question here. If you lost the tickets, call the sheriff's office for the information.

Florida Statute 316.605 Licensing of vehicles.— provides that:

"(1) Every vehicle, ... shall be licensed ... and shall,... display the license plate or both of the license plates assigned to it by the state, ... . Nothing shall be placed upon the face of a Florida plate except as... Read more »

Your need to review your subdivision's governing documents and see what it says as to the HOA's right to boot under these circumstances. If the governing documents are confusing and vague, then I recommend that you contact a HOA attorney to review them and give you a legal opinion.

Nowadays most if not all traffic pre-trial conferences or trials are done via Zoom virtual conference. Alternatively, they may be done by dial in. Rarely, at least in the Florida counties I practice in, they are done in person. I would recommend contacting the Court's judicial assistant and... Read more »