TRAFFIC CASES Recent Court Wins
Recent Court Wins
TRAFFIC CASES
DRIVING WHILE LICENSE SUSPENDED – HABITUALIZATION OF LICENSE Case # 001-147-DCX; 006-805-BEJ; 663-470-F (Hillsborough); 06-CT-004-298 (Manatee); Judge Lawrence Lefler; Date: December 1, 2006 FACTS: The defendant was habitualized as a traffic offender for accumulating 3 Driving While License Suspended (DWLS) charges within a 5 year period. The habitualization creates a five year suspension of your driver's license. The defendant pled guilty to three DWLS charges in criminal court. Two of the three adjudications were set aside, and a third one was dropped by the State Attorney. The defendant also had another DWLS without knowledge in traffic court. The system is not fair with regards to the civil infraction of DWLS without knowledge. Many people feel since DWLS without knowledge is an infraction they can pay the ticket and that's the end of it. What they do not realize is when they pay the ticket they receive an adjudication on the DWLS without knowledge and an adjudication or conviction is put on their record. When you receive an adjudication on a DWLS without knowledge it qualifies as a prior under the habitualization statute. This is extremely unfair to most drivers who have no idea how the traffic laws work. Fortunately, many judges see this problem and treat those priors accordingly. However, that is not always the case, and many jurisdictions vary. DEFENSE: The defendant in this particular case was facing six months in the Manatee County Jail because of his priors. When we removed the priors in Hillsborough the Prosecutor Manatee County offered the defendant an adjudication and court costs. RESULT: The Defendant was able to avoid jail and get his license back. He can now keep his job and support his family.
FACTS: The defendant was arrested on another driving while license suspended charge qualifying him for habitualization and a five year suspension of his license. DEFENSE: The defendant was able to obtain a valid license, and further negotiations with the State in regards to the defendant’s driving history led to an amendment of the charges. RESULT: The defendant’s charges were amended to No Valid Driver’s License and the traffic infractions were dismissed.
FACTS: The defendant received three Driving While License Suspended charges over a year long period. The defendant’s priors made him eligible for habitualization (5 yr. suspension of his license). DEFENSE: We made the State aware of the circumstances surrounding the defendant’s license suspensions during pretrial negotiations. RESULT: All three DWLS charges were amended to No Valid Driver’s License and the defendant received a withhold of adjudication.
FACTS: The defendant received three Driving While License Suspended (DWLS) charges within a three year period. If you receive three DWLS charges within a three year period you qualify as a habitual traffic offender and your license is suspended for 5 years. One of the defendant’s three DWLS charges was a ticket for Driving While License Suspended without knowledge which he paid for at the traffic clerk’s office. If you pay a ticket you are automatically adjudicated guilty of the offense. Despite the fact that one of the defendant’s traffic offenses is a DWLS without knowledge (civil infraction) he still qualified as a habitual traffic offender, and had his license suspended for five years. DEFENSE: We made motions to withdraw the defendant’s pleas arguing that the pleas were not knowingly and intelligently entered. RESULT: After negotiations with the State the defendant’s pleas were withdrawn, and the defendant was able to reapply for a new license. CITATION #003-628-BRA; Judge Gaston Fernandez; Date: March 27, 2006 FACTS: The defendant’s license was revoked in much the same way as the client above. She entered pleas to 3 driving while license suspended charges within five years. This automatically revoked her license for five years. DEFENSE: We filed pre-trial motions challenging the validity of her pleas. RESULT: After negotiations with the State Attorney the defendant’s pleas were withdrawn. The defendant subsequently entered pleas to other charges and she was able to reapply for a new license.
FACTS: The defendant was arrested for two separate Driving While License Suspendeds, failure to display PIP insurance, and expired tag. DEFENSE: The defendant was able to obtain a valid license which led to negotiations with the State Attorney about reducing the client’s charges. RESULT: The State agreed to modify the defendant’s Driving While License Suspended charges to No Valid Driver’s License, and drop the remaining failure to display PIP insurance and the expired tag violation. CITATION #002248-DSJ & 002249-DSJ; Date: March 7, 2006 FACTS: The defendant was alleged to have sped through 8 lanes of traffic on an ATV and hit a curb. The ATV had no tags. After law enforcement stopped the defendant’s vehicle it was determined that the defendant did not have a valid license. DEFENSE: Negotiations with the State Attorney’s Office led to a reduction of the charge. RESULT: The Driving While License Suspended charge was reduced to No Valid Driver’s License and Reckless Driving charge was dropped. CITATION #000-448-ELS; Judge Robert Foster; Date: June 28, 2006 FACTS: The defendant was alleged to have interfered with another driver by swerving in and out of traffic causing another vehicle to strike her from behind. DEFENSE: The opposing driving tailgated the defendant, and refused to avoid when he had every opportunity to do so. Inevitably the opposing driver was unable to provide the court with evidence to substantiate the charge. RESULT: The careless driving charge was dismissed.
FACTS: The defendant is a truck driver with a commercial driver’s license (CDL). He was accused of rear ending another driver at a stop light. DEFENSE: The witnesses failed to come forward and submit evidence that the defendant was driving in a careless manner. RESULT: The court granted our motion to dismiss the charge. LEAVING THE SCENE OF AN ACCIDENT CITATION #009-505-ELL; #009-504-ELL; Judge Lawrence Lefler; Date: June 7, 2006 FACTS: The defendant was charged with Leaving the Scene of an Accident and Careless driving. While driving home he struck another vehicle from behind. The defendant discussed the incident with the other driver. Before law enforcement arrived the defendant panicked and left the scene. Eventually the defendant was contacted by a detective and admitted his involvement in the crash. DEFENSE: The State was unable to come forward with sufficient evidence to prove either allegation. RESULT: The State dropped all charges. CITATION: 004-462-EKD; Judge Margaret Courtney; Date: August 8, 2006 FACTS: The defendant was charged with failure to give information after a traffic accident. DEFENSE: The made efforts to find the driver of the vehicle that was a short distance from his home. RESULT: The charges were dismissed. CITATION #005-868-CUR; Judge: Raul Palamino; Date: June 21, 2006 FACTS: The defendant was lasered at 46 mph in a 30 mph zone. DEFENSE: After explaining the defendant’s circumstances to the officers (who had all the documentation to go forward) the case was resolved. RESULT: The defendant received a withhold of adjudication on the speeding ticket and did not have to attend any driving school. CITATION #004-808-SDQ; Hearing officer: Robert Foster; Date: November 29, 2005 FACTS: The defendant was pace clocked driving 100 mph in 65 mph zone. DEFENSE: The officer did not come forward with sufficient evidence to prove the defendant’s speed. RESULT: The traffic citation was dismissed. CITATION #007-003-ELR; Judge Robert Foster; Date: March 1, 2006 FACTS: The defendant was traveling 80 mph in a 50 mph zone. The officer used a laser to determine her speed. DEFENSE: The Officer did not come forward with sufficient evidence to prove the defendant’s speed. RESULT: The Court granted our motion to dismiss the traffic citation. EXPIRED TAGS CITATION #002-020-ELM; Judge Robert Foster; Date: May 3, 2006 FACTS: The defendant who carries a commercial driver’s license failed to keep his tag current. DEFENSE: We provided the Court with proof of the defendant’s efforts to register his tag. RESULT: The Court granted our motion to dismiss the traffic citation. Call Today for a Free Initial ConsultationIf you have been criminally charged, your future depends on the quality of your defense. By contacting The Criminal Defense Group, you will get a lawyer whose highest priority is zealously defending your rights. Call us today for a free initial consultation. For your convenience, evening and weekend appointments are available by request. |
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