How to Fight a Speeding Ticket in Florida

If you received a traffic ticket in Florida, you are required to satisfy your traffic citation within thirty (30) calendar days. If your drivers license is in good standing typical options are:

1. Traffic school: The benefits of electing the traffic school option in Florida are that your auto insurance cannot go up and your policy cannot be cancelled. If you complete a state approved traffic school course and submit your certificate of completion to the clerk of court in the county where you received the ticket by their specified deadline adjudication is withheld, which means you are not deemed guilty and you received no points. 123Driving.com offers Florida DMV approved traffic school online. 
2. Pay the civil penalty: If you pay the full fine points will be applied against your drivers license when applicable and your auto insurance rates may go up or your policy may be cancelled.
3. Request a court appearance: If you elect the option to request a court appearance for the violation(s) it is a good idea to hire an attorney to assist you.

General Defenses

Speeding is a strict liability offense in Florida, which means that your intent in driving over the speed limit is not an issue. if the prosecutor shows that you were driving in excess of the posted speed limit, the evidence is sufficient to sustain a conviction.

There are, however, some defenses to a speeding ticket in an absolute speed limit state, including:

• Your excessive speed was caused by dangerous actions of law enforcement officers
• You encountered a sudden emergency which could only be avoided by driving your car above the speed limit
• You were not driving the speeding vehicle
• Your vehicle was not the vehicle that was speeding
• The police officer who gave you the speeding citation was out of his jurisdiction (the place where he has authority to write a traffic ticket), the officer did not engage in “hot pursuit” to stop you, and state law did not extend the officer’s jurisdiction

Defenses to Radar Systems and Laser Guns

Depending on the method used to determine your speed, your Florida traffic attorney may be able to challenge the officer’s assessment of your speed. You must know that method the officer used, then the attorney will base the challenge on the method of determining your speed.

Laser and radar guns must be calibrated professionally every six months, and must be calibrated at the beginning and end of the officer’s shift, using accepted practices. Your attorney can question the officer about the calibration testing done on the machine used to clock your speed. The officer must also be trained in the use of radar or laser, and your attorney will ask him or her to produce documentation which proves this training.

Laser

Laser speed guns used by police can measure distance and calculate speed by comparing the change in distance against a specific span of time. Your defense might be that the gun was measuring some object other than your vehicle. Your attorney may be able to challenge the officer’s identification of your vehicle, particularly if your vehicle is similar to many others on the road.

It would be very helpful for you to have an attorney in this situation because the equipment and the defenses are complex.

Radar

A radar system like the kind used by police to monitor traffic simply tells the operator how fast the vehicle with the most dominant reflective surface is going, but can’t measure distance or pick out one moving vehicle among several. It’s up to the officer to make that discretionary call. One of the best defenses against a radar unit is that the radar system picked up another vehicle or more reflective surface instead of your vehicle. Reflective or interfering surfaces can include:

• Metal traffic or other types of signs (even neon signs)
• Utility lines
• Power stations
• Vehicles moving around you in dense traffic.

Aircraft

If the officer measured your speed via aircraft, then both the aircraft officer and the ground officer must show up for your court hearing. If one of them does not show up, your attorney may request your charges be dismissed.

If you received a speeding ticket in Tampa, Florida or Saint Petersburg, Florida call Defense Attorney Jhenerr Hines at  813-815-0291.

Should I take MIP (Misdemeanor Intervention)?

There are three ways to have criminal charges dismissed: (1) a not guilty verdict after trial; (2) a nolle prosequi (i.e. the state attorney decides not to prosecute the case); or (3) a dismissal after completing a diversion program. Hillsborough, Pinellas, and Pasco counties offer diversion programs for first-time offenders. The Pretrial Intervention Program is available for most third degree felony charges, while the Misdemeanor Intervention Program or MIP is offered to misdemeanor first-time offenders.  The MIP requirements vary by offense but will generally involve taking a class, paying fines, and completing community service hours and supervision. MIP generally takes six (6) months, but may be submitted for early termination after ninety (90) days upon completion of all conditions of the agreement. Once the program is completed, the State Attorney will drop the case. This allows the defendant to avoid a conviction and a potentially damaging criminal record. For many, this program is the best option. There are, however, some things about MIP most people are not told before enrolling.

Requirements

First, to start the process, you must complete and submit an application and wait for a representative of the Salvation Army to contact you to schedule a meeting. The terms and conditions are discussed at this meeting. 

Second, once accepted into the program, you will have to agree to supervision which requires you to: 

1. Keep the Misdemeanor Intervention Program Supervisor advised of your current address, place of employment, and/or educational institution (where you also grant the supervisor permission to visit);
2. Be completely law abiding during the term of this Agreement; and
3. Submit to any psychological, drug, alcohol or any other examination or evaluation ordered.

Additionally, various special conditions may be imposed for certain offenses such as possession of marijuana (drug evaluation), or battery (anger management).

Third, you will also incur costs while going through the program. Common costs are:

application fee - $20

cost of prosecution fee - $50

cost of investigation - $75

donation to the Victims’ Assistance Fund - $75

cost of investigation - $70 and

cost of supervision - approximately $350

Alternatives

If you are innocent of the charge, if evidence was gathered illegally, or if the prosecutor has insufficient evidence - then it may be in your best interest to pursue another route, such as filing an appropriate motion or taking the case to trial. If the time to complete the program is a deterrent, you may ask your attorney to pursue a "withhold and court costs." The case can end after one hearing with no probation or jail, although it does require a plea be entered before the judge. 

It is very important to thoroughly discuss your options with a lawyer as you may face up to 60 days in jail or 6 months of probation after rejecting MIP. If you or someone you know has been charged with their first offense, call Jhenerr Hines at 813-815-0291.

Happy 4/20 Tampa!

In March, Mayor Bob Buckhorn signed a measure into law that prevents people found with small amounts of marijuana, specifically 20 grams or less, from being put in jail. Instead, those found with these amounts will pay a citation, similar to getting a traffic ticket.

 

 

First time offenders pay a $75 ticket, second time offenders will be squeezed to the tune of $150. For third time offenders, a fine of $300, and for four or more times, $450. How much is 20 grams? Roughly three-quarters of an ounce, of marijuana.

This picture was so funny I had to share, but happy 4/20! Blaze responsibility!

Immigration: The Form I-485 Green Card Application

Applying for a green card (permanent residence) from within the United States, by filling out Form I-485 is a process called 'adjustment of status.' In a perfect scenario, your application will be accepted, you will receive a biometrics appointment to submit fingerprints, and shortly after, you will have an interview where your green card (granting permanent residence) is approved on the spot! Unfortunately, things don’t always go this way.

 

A green card may be denied for various reasons. Some examples are drug abuse, failure to get vaccinations, criminal background, lack of immigration status due to illegal entry, or missing  appointments with USCIS. If you make mistakes while filling out your I-485 form, USCIS is unlikely to issue a denial without giving you an opportunity to make corrections. However, mistakes will undoubtedly make the process longer and more difficult than it needs to be. 

Here’s a plan for filling out the application.

1. Make sure you qualify at the time of filing. The USCIS website has resources regarding all the steps applicable to your situation whether your sponsorship is by marriage, employment etc
2. Read the Form I-485 instructions before filling out your application. Pay attention to details like what color ink is allowed or the placing of the picture you must submit. Also, make a note of any questions you need to find the answer to, such ask questions about your parents. Get the answers before filling out the application.
3. Make a list of the supporting documents you will submit. Try to gather them first as this step may take some time.
4. Fill out the application with the instructions at hand. If you are confused by a question after reading the instructions, call USCIS or a lawyer. Sign the application only after all the answers are complete.
5. Make a complete copy of your application and supporting documents for your own records.
6. Ensure that you are sending it to the correct processing center by using the table provided by USCIS. Also ensure all the contents are inside before sealing the envelope.

Sometimes, even after taking great care to submit a complete and correct application, people make mistakes. If USCIS requests additional information or documents. Be sure to respond promptly. However, if your application is denied. Your best bet is to hire a lawyer. Call 813-815-0291 to talk to a professional to help you through the process.

Cannabis/ Marijuana and Paraphernilia Possession

Despite the nationwide trend to decriminalize the possession of marijuana, Florida still has some of the toughest possession laws in the country. In Florida, marijuana is classified as a Schedule I controlled substance and there is no accepted medical use. The seriousness of charge you face depends on the amount of marijuana you are accused of possessing. For example, with less than 20 grams you will be charged with a misdemeanor and face up to 1 year in jail and $1,000 in fines. With more than 20 grams you face a felony and up to 5 years in prison and $5,000 in fines. Your driver's license will also be revoked upon conviction and you can become ineligible for some government employment and government assistance.

Proving Possession of Cannabis/ Marijuana

For a conviction, the prosecutor has to prove three elements: 

1. The defendant possessed a certain substance;
2. The substance was cannabis and
3. The defendant had knowledge of the presence of the substance.

Note that the State is not required to prove that the defendant knew the substance he/she possessed was cannabis i.e. it's illegal nature. However, the lack of knowledge of the illegal/illicit nature of the substance is an affirmative defense that your attorney can raise. Also, Florida’s criminal drug laws do not take into account whether the drugs actually belonged to you or another person. Possession can be shown where:

1. An individual has an illegal drug on their person. This is called active possession.
2. A person has knowledge of the item and the ability to access the item. This concept is commonly referred to as having exercised “dominion and control” or constructive possession.

It is also illegal in Florida to possess drug paraphernalia. This includes objects store or use marijuana.

Defenses to Possession of Cannabis/ Marijuana

There are two major ways to fight a marijuana charge. The first is to attack the search or seizure that led to the discovery of the marijuana. If the stop or search was illegal it may lead to the evidence gained from that search becoming inadmissible in court. An attorney may argue:

• Police lacked probable cause or reasonable suspicion to conduct a traffic stop;
• Police lacked probable cause or reasonable suspicion to detain or arrest a defendant;
• Cannabis or marijuana was not in “plain view;”
• Invalid search warrant;
• Invalid execution of a search warrant;
• Invalid consent to a search;
• Unlawful “pat down,” or “Terry” search;
• Exceeding the scope of consent;
• Miranda violations;
• Violations of right to counsel;
• Evidence tampering or destruction of evidence;
• Any other illegal police activity

The second way is to attack the State’s evidence or to provide factual and affirmative defenses. These are more fact specific, but may include lack of knowledge, chain of custody or entrapment defenses. Even if a defendant made admissions to police, a lawyer can still help him/her avoid conviction through negotiating with the prosecution. If you or someone you know has been charged with possession of marijuana, call Jhenerr Hines at 813-815-0291.