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,... Read 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... Read more »
I have completed mental health program in nv can fl accept it as I did a substance abuse treatment
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read 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... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn 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... Read 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... Read 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.... Read more »
My father got a traffic ticket (316.1995 DRIVE ON SIDEWALK/ BIKE PATH) while driving a motorcycle (scooter). For some reason, the traffic ticket contains only my data as the owner (such as DL#, my first and last name, and address), and there is no data on my father although he provided his DL to... Read more »
answered on Mar 2, 2023
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.
Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »
answered on Jan 28, 2023
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 stoped and then proceeded through intersection. There was a curve where he was coming from and partially instructed view. As I went through the intersection his car hit mine. Would they change the at fault if he was found to be speeding. He's trying to sue me now and they did no... Read more »
answered on Nov 21, 2022
You should retain an attorney to file suit against the other driver. The police report is not dispositive of who was at fault. A clever attorney can hire an expert witness to establish that the other driver, and not you, was at fault.
I stoped and then proceeded through intersection. There was a curve where he was coming from and partially instructed view. As I went through the intersection his car hit mine. Would they change the at fault if he was found to be speeding. He's trying to sue me now and they did no... Read more »
answered on Nov 21, 2022
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.
My husband was just in a car accident in FL with a driver that has NJ dealer tags on them, which she is not the owner nor dealer.
answered on Nov 1, 2022
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 also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »
answered on Oct 28, 2022
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 »
answered on Jul 18, 2022
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.
She had to suddenly stop, the car in front of me tried running the yellow light, then didn’t and caused me to slam on my brakes and then the car/SUV rear ended me!! She jumped out starting to yell at me!! She parades through 5 lanes of traffic asking for anyone willing to be her eyewitness that I... Read more »
answered on Jun 27, 2022
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 »
answered on Jun 6, 2022
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 »
How do I deal with this if I don't live there? I won't be going to US anytime soon as currently working in Moscow.
Any information on how I can deal with this and close it down when not living in US would be appreciated.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
answered on May 22, 2023
Insufficient information to provide a clear evaluation, probably Yes. Take it up with Gov. DeSantis, he is there to protect you.
answered on May 22, 2023
Yes. Take it up with Gov. DeSantis, he is there to protect you.
12/20/22 to show cause
answered on May 22, 2023
Yes. Take it up with Gov. DeSantis, he is there to protect you.
She was in Minnesota when she received ticket but now back in Florida for summer break from college.
answered on May 22, 2023
You need to seek advice from a Minnesota attorney concerning whatever question you want to ask. This has little or nothing to do with Florida law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
