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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
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
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
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.
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 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.
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
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?
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
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.
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
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
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).
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
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?
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.
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