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... View 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... View 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... View 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... View 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.
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... View 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.
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... View 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... View More
The rest of the distance at 69, just before passing the cop I had to get over in the right lane to take my exit, cop let's him go and pulls me over for following to close! There was no accident and no way for him to "see" if I was following to close. I simply signaled and got over.... View More
answered on Dec 28, 2023
What should you do? Contest it. Give the judge or magistrate your version of what happened.
she was dont found at fault and the lady that hit her, was given a ticket for running a red light and causing a accident. My wife was given a ticket for driving with a suspended knowledge without knowledge. It was for unpaid tolls. We got her license now showing Valid within one day of the... View More
answered on Dec 26, 2023
This is a question that her lawyer should answer, but if she is not represented then she should retain counsel so that the case is handled properly and all questions like this one can be adequately investigated into and timely responded to.
the traffic stop was "failure to dim headlights" FL Statute 316.238. The road I was driving on at the time was divided by a grassy median. Am I correct in wanting to get a motion to suppress filed since according to the definitions of the statute I shouldn't have been stopped in the first place?
answered on Nov 15, 2023
I don't see, in the statute you cited (or in FS 316,2385 or 316.003), an exception for roads divided by grassy medians. But you could make the argument. And, depending on the circumstances of the search, you might want to also argue that the search was not justified even if you were properly... View More
Recently exposed to someone who had Covid. I woke up today sick, fever sore throat, but have court tomorrow. Today is Sunday so I won’t be able to contact the court till tomorrow - and my hearing is at 130pm the same day. It’s a pre-trial for a traffic ticket I chose to dispute. How easily will... View More
answered on Sep 10, 2023
What action you should take depends on whether you're well enough to appear. "Don't want to get others sick" is not an issue because you can simply wear a mask. If you're not well enough to make the trip, the best thing you can do is, first, try to reach a traffic ticket... View More
License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?
answered on Sep 9, 2023
It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.
I told the car lot I was specifically looking for a car for my wife that had the front end collision prevention all the safety features available.
They showed me the X5 told me the vehicle would automatically apply the brakes if its getting too close to an object/person ran out. This was... View More
answered on Jul 8, 2023
Sorry to hear about your problems. Sounds like you need a product liability attorney. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.
Heres a quick brief. I went to the boat ramp inside my community and sat down at the end of the dock watching the moon reflect off the lake. As walked of the dock an officer in a unmarked vehicle approached me (with no lights on)and jumped out accusing me to be somebody else asking for... View More
answered on Jun 8, 2023
Good question. Did the citation you received in the mail indicate how you were supposedly driving with a suspended license?
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.
If I do not live in neighborhood where cited am I bound to pay the HOA for this citation and if not can they take legal action or send to debt collectors to try to collect?
answered on Apr 9, 2023
Read the citation carefully, but chances are that they can sue you in civil court (small claims, probably).
Not following distance while moving, but distance between cars while stationary waiting at a traffic light. I have not been able to find any statute that covers this. Thank you
answered on Mar 20, 2023
Is this a hypothetical question, or have you been charged?
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.
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