For police officers, even the most mundane of duties carries the risk that it can escalate into violence. That is what happened to Florida Highway Patrol trooper John Paikai on Tuesday. Paikai attempted to execute a routine traffic stop after Robert Swank ran a red light in Avon Park. The officer was most likely just planning on writing a traffic ticket to the Florida driver but that’s when things took a deadly turn according to an AP press story last week. After Paikai pulled Swank over he exited his cruiser and began to approach Swank’s car. At that point the 37-year-old struck the officer with his car. In order to stop the assualt Paikai fired his weapon and shot and killed the car’s passenger, 33-year-old Amber Gregory. Paikai was taken to the hospital and an investigation is under way. If you have received a traffic ticket, make sure you don’t mouth off to the police and you should not do anything that will get you shot. Let the Traffic Ticket Team do the fighing for you. Our lawyers have handled over 1,000,000 traffic tickets and we have a 99% success rate in keeping points off our client’s records. Please call anytime at 1-866-433-3363 or go to our website www.TrafficTicketTeam.com or email me at Jason@trafficticketteam.com
Browsing Posts tagged Traffic Ticket Lawyer
We have learned that the Florida Highway Patrol will be targeting violators of the Move Over Law. The Move Over Law mandates that drivers move over one lane whenever an emergency vehicle has its lights activated on the side of the road. In cases where moving over is not a realistic option, drivers are required to slow down to 20 mph below the posted speed limit. Florida’s Move Over Law was adopted in 2002 after several incidents where emergency response personnel were killed or injured while stopped at the side of the road. Over the last ten years, more than 150 law enforcement officers across the country have been hit and killed by passing motorists while performing duties on highways. The Florida Highway Patrol is teaming up with law enforcement agencies across the state to raise awareness and ensure compliance to the Move Over Law. If you get a traffic ticket for a move over violation, call the traffic ticket team who’s lawyers have handled over 1,000,000 traffic tickets. (954) 967-9888 www.trafficticketteam.com jason@trafficticketteam.com
Florida Leading The Way Among State That Are Cracking Down On Aggressive Driving Those of us who live in Florida are aware of all the new laws and regulations that are being instituted to crack down on aggressive drivers but apparently the whole country knows about it now thanks to a recent article in USA Today. The article talks about the new Florida traffic ticket law that will go into effect on January 1 that sends a driver found to be at fault in three traffic accidents in a three year period back to school for a strict driver education test that also requires a road test. That law is joined on the books by another that will go into effect in less than a month. That law makes traffic school mandatory for first-time offenders of certain moving violations traffic tickets. That used to be an option for drivers but not a requirement. The new laws are said to be aimed at people who are aggressive drivers, which in the state’s eyes are those who speed, tailgate, change lanes without indicating, weave in and out of traffic and ignore traffic signals. According to reports, this type of behavior on the road causes more fatalities than drunk driving. If you have received a traffic ticket anywhere in Florida please do not hesitate to contact Florida Traffic Ticket Team to discuss the matter 954-967-9888 or jason@trafficticketteam.com. Our lawyers have handled over 1,000,000 traffic tickets.
A drug possession conviction can have a serious impact on your life, and Florida courts can be aggressive in pursuing many minor drug possession charges. In fact, any misdemeanor drug possession conviction for marijuana possession or any narcotic can result in a loss of your driver’s license for up to 2 years. Don’t plead guilty to a Florida drug possession charge before speaking with a lawyer and exploring all of your defense options. You do not want to live with a criminal conviction on your record if you can avoid it, and in many cases you can. Yes may be able to beat your drug possession charge. There are often excellent defenses in drug possession cases. Some can often be reduced or dismissed depending on the facts of your case. We can file a motion to suppress the evidence if the police didn’t have a legal right to search you, or pull you over and look in your car, or search your home. The police often behave carelessly in searches, and violate your constitutional rights. Some Florida counties have special drug courts that are designed to help people who have drug addiction problems, and aren’t completely focused on punishment. We can also argue for treatment programs in exchange for leniency in sentencing to avoid the worst outcomes. I will discuss all your options and possibilities in a free case evaluation on your FL drug charges. A Conviction for drug possession has consequences. The consequences of any criminal conviction can destroy future opportunities and career options in law enforcement and many other professions with certification requirements and background checks. A criminal record will follow you around for the rest of your life, and the fact of any conviction can easily become known to anyone you come across. A conviction is part of the public record, and could easily become searchable on the Internet at any time in the future. So if you get charged with anything from a traffic ticket to any criminal charge, call the traffic ticket team or go to www.TrafficTicketTeam.com. Our traffic ticket team of lawyers have handled over 1 million traffic tickets and Jason Diamond has presented traffic ticket clinics before audiences for over ten years.
Florida’s laws on license suspensions are some of the toughest in the United States. According to recent statistics from the Department of Highway Safety and Motor Vehicles, approximately 30 percent of Florida’s motoring public is currently under some sort of a suspension. That equates to nearly 4.6 million people – many of whom don’t even know it.
D-6 suspensions
According to Jason Diamond an attorney whose practice focuses on Florida suspended license issues, a D-6 suspension is a serious matter and something that many drivers just don’t understand. Diamond explains:
One example of a D-6 suspension would be a failure to appear in criminal court to address a charge. It’s called a D-6 because the court is taking action through the clerk because you didn’t do something with your citation. Let’s say you get a criminal driving while license suspended citation and you don’t show up for your court date.
In lieu of issuing a bench warrant, the judge may say, ‘I’m just going to D-6 his or her license.’ Basically, it’s telling the DHSMV to suspend the license and not to reinstate it until the person comes before that court and gets an order from the judge reinstating the license.
It’s almost in lieu of issuing a bench warrant. In some situations, the D-6 is used interchangeably when somebody didn’t take care of a traffic ticket within a certain time period, then they D-6 the license.
Judges issuing more warrants
While D-6 suspensions are still common, Diamond says that judges seem to be issuing warrants more and more warrants these days. He continued, “Unfortunately, you’re seeing fewer D-6ing of licenses and more warrants. That’s a whole problem in and of itself because that just clogs the court docket even more and clogs the state attorney’s office because now the prosecutor is getting involved and having to put that case or that ticket into a warrants file. So then, that little ticket for $115 now becomes a criminal offense, and if you missed your court date, now you’ve got a warrant and it just goes on and on and on.” If your license has been suspended in Florida, contact an attorney whose practice focuses on license suspension issues. Click here, to contact a the Traffic Ticket Team. So if you get charged with anything from a traffic ticket to any criminal charge, call the traffic ticket team or go to www.TrafficTicketTeam.com. Our traffic ticket team of lawyers have handled over 1 million traffic tickets and Jason Diamond has presented traffic ticket clinics before audiences for over ten years.
This was a question from a client. “I was involved in a car accident and received a citation. How can the officer issue a ticket for something that he didn’t observe?” The important thing to know is that the officer can only PROVE his case in court through the testimony of the other drivers or through the testimony of lay witnesses who may have witnessed the accident. Regardless of what may have been said at the accident scene, once a hearing is elected then the Judge will only consider the live in-court testimony in rendering his/her decision. This is called the “accident report privilege.” What that means is that anything said at the scene of the accident is immaterial. It’s only what happens in the courtroom that matters, and if there are no witnesses against you at trial, your case will be dismissed. In fact, if all the witnesses appear but the officer doesn’t, then your case will be dismissed at trial as well. The second most common accident question is “I was involved in an accident and although a deputy arrived on the scene first, a long period of time passed until the Florida Highway Patrol trooper who issued the ticket appeared on the scene. Why did it happen that way?” The Florida Highway Patrol is just that, a highway patrol agency whose sole purpose is to enforce the traffic laws in the State of Florida and to investigate traffic crashed in the unincorporated areas of the State. So when there is an accident in many areas of the State, a deputy sheriff will arrive on the scene first and call for a trooper to investigate the crash. The Trooper will issue any citations for any violations that they believe was committed. So whether you think the ticket is your fault or not, call us to fight your accident ticket or you will automatically get points on your license. So if you get charged with anything from a traffic ticket to any criminal charge, call the traffic ticket team or go to www.TrafficTicketTeam.com. Our traffic ticket team of lawyers have handled over 1 million traffic tickets and Jason Diamond has presented traffic ticket clinics before audiences for over ten years.
South Florida is a vacationer’s paradise. Beaches, clubs, nightlife abound. Our resort area hotels draw many successful businessmen from around the country and the world. Imagine this scenario: Alcohol flows after hours. Your judgment gets a little impaired. An attractive woman starts flirting with you. In the course of it she makes you an offer. You flirt back, maybe say something you don’t really mean or intend….next thing you know you’re being arrested for solicitation of prostitution. Unfortunately, law enforcement targets “known” areas for prostitution sting operations. While it is laudable that law enforcement is aggressive in enforcing Florida prostitution and solicitation laws, could you have been a victim of entrapment? Entrapment is the act of inducing a citizen to commit a crime he or she ordinarily wouldn’t have considered. Usually some form of pressure or coercion is used. Or maybe you acted on your own bad judgment. Should you pay the rest of your life by having a permanent criminal record? For a conviction of prostitution or solicitation in Florida, punishments can include jail time, fines, community service, counseling, etc. Sometimes, an automatic license revocation may occur. First time offenders face up to a maximum $500 fine and up to 60 days in jail. Second time offenders face up to a minimum of $1000 fine and one year in jail for a solicitation or assignation of prostitution charge. Some first offenders may be eligible for a diversion program wherein the charges will be dropped against you if you successfully complete the program. So if you are charged with Solicitation, call us for a discreet consultation. So if you get charged with anything from a traffic ticket to any criminal charge, call the traffic ticket team or go to www.TrafficTicketTeam.com. Our traffic ticket team of lawyers have handled over 1 million traffic tickets and Jason Diamond has presented traffic ticket clinics before audiences for over ten years.
DIAMOND, KISTNER & DIAMOND
TRAFFIC TICKET TEAM
LEGAL NEWSLETTER ©
November 27, 2008 Volume 11 Issue 1
TICKETS/CRIMINAL/D.U.I. * ACCIDENT/INJURY * MORTGAGE HELP *
CREDIT REPAIR * WORKERS’ COMPENSATION * STOP FORECLOSURE
How can I stop the bank from foreclosing on my house?
Scott L., Fort Lauderdale 10-5-08
Scott, you are not alone and I get at least a call a day about
this. Yes, there are ways to stop the foreclosure proceedings once they
have started and ways to let you stay in your home. The first thing you
need to do is have an Attorney file a defense on your behalf. I assume,
like so many other clients, that you had no idea that your payments would
be so high and you were tricked into taking on such a big payment by a
predatory lender or a shady mortgage broker. Once an Attorney has
intervended in the legal proceedings he can start the re-negotiation with
the bank to get your payments down and let you stay in your home for as
long as you want. As I tell all of the client’s who call me about this, do
not delay. The longer you wait, the better the chances are that we will not
be able to stop the Sheriff from evicting you from your home. Please call
me to talk further about this and as always, our client’s get a Free
Consultation. [mailto:Jason@TrafficTicketTeam.com?subject=Stop Foreclosure]
StopForeclosure@TrafficTicketTeam.com (954) 967-9888.
What’s the best way to deal with a collection agency if I don’t have
the money to pay them?
Andy B. Boca Raton 10-6-08
Andy, now that the economy is in trouble, I have had several people
ask me this question lately. The Federal Fair Debt Collection Practices Act
clearly states that you do not have to deal with credit or debt collectors.
You can stop collectors from calling and writing with a “cease and
desist” letter. This is short for “cease communication”. Once this
letter is received by your collector, they will no longer be able to
legally contact you by phone, at work, by fax, by certified mail, by
nothing. Of course, to improve your credit score, you will ultimately want
to get the debt removed from your credit report by either getting the
collector to agree to delete the item when you pay in full or by getting
the credit bureau to delete the item. We can contact assist you in removing
bad debt from your report. Contact us at (561) 752-9288 or E-MAIL:
[mailto:FixMyCredit@TrafficTicketTeam.com]
FixMyCredit@TrafficTicketTeam.com
Is any injury I get at work covered by
workers’ compensation?
Frank S. Orlando 10-18-08
Workers’ compensation covers most, but not all, on-the-job injuries.
The workers’ compensation system is designed to provide benefits to injured
workers, even if an injury is caused by your or your employer’s
carelessness. But Frank, there are limits. Generally, injuries that happen
because an employee is intoxicated (drunk) or using illegal drugs are not
covered by workers’ compensation. Coverage may also be denied in situations
involving self-inflicted injuries or injuries caused by a person who starts
a fight. There are other limits, but we can help you work through any work
related issues you might have so please contact us if you have any issues
you would like to talk more about.
E-MAIL:
[mailto:Jason@TrafficTicketTeam.com?subject=Work%20Comp.%20Question]
WorkComp@TrafficTicketTeam.com or Call (305) 493-7557.
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CALL FOR A FREE CONSULTATION FOR ANY OF YOUR LEGAL NEEDS
BROWARD: (954) 967-9888 * DADE: (305) 493-7557 * PALM BEACH: (561) 752-9288
24/7 NATIONWIDE TOLL FREE: 1-866-433-3373
IF YOU HAVE A LEGAL QUESTION YOU WOULD LIKE TO DISCUSS OR HAVE ANSWERED IN
OUR NEWSLETTER, PLEASE SEND YOUR QUESTION TO:
mailto: Jason@TrafficTicketTeam.com www.TrafficTicketTeam.com
In July 2007, failure to pay a required toll became a moving violation with serious consequences. our attorneys can help you fight your toll tickets. Our Lawyers know that people throughout Florida are being held accountable for Sunpass violations they didn’t commit or knew nothing about. In some cases, the SunPass transponder malfunctioned. In others cases the unpaid toll notice, violation warning letter and uniform traffic citations were sent to an old address – even though the account owner had sent SunPass an update. SunPass employees have even misread license plate numbers, sending violation notices to innocent people. Each SunPass violation can result in $100 or more civil penalty, Three points assessed against your driver’s license, Assessment of court costs, Vehicle registration suspension, and Driver’s license suspension. If you have been cited for multiple violations, you can end up being branded a habitual offender. Your license may be suspended for up to five years. Contact us now. We are Serving Clients Statewide. Don’t let bureaucratic bungling or an innocent mistake ruin your life. Contact us for effective legal representation in toll violation cases. We are dedicated to helping you minimize the negative consequences of SunPass violations. We work to get the violation dismissed or the penalties reduced. You can rely on us to help you achieve the best possible outcome given the specifics of your case.
After running red lights, running stop signs cause the most deaths from traffic infractions. Tickets for running stop signs are also very common and we handle tens of thousands of these types of tickets. A lot of people tell me that they almost stopped, that they rolled through the stop sign at like one mile per hour. This is also called a California stop for some reason, but its all still a violation of the law. Avoiding a stop sign ticket is easy, just make a full stop. In other words, your forward motion must stop at least for an instance. There is a myth that you must stop for a full three seconds at a stop sign before proceeding, and if you don’t stop for the complete three seconds, you are guilty of a crime and should be charged. This myth is simply NOT TRUE. Unfortunately many police officers do not have a great deal of traffic training and believe this myth to be true and will hand out Stop Sign tickets to people that have not stopped for a full three seconds! So if you get a ticket for running a stop sign, do not pay it. If you do, you will get three points on your license and your insurance will surely go up. Call us and we will fight back for you.
