Everyone was speeding and the cop pulled me out of the crowd

Billy F. Davie

It may be true, but it is totally irrelevant now. Plead not guilty and go to court. In court, don’t complain that you were being victimized; the judge does not want to nor have time to listen to a claim that is nearly impossible to prove. If the officer shows up in court, cross-examine him by asking questions in such a way as to make it appear he had no idea which vehicle caused the reading on the radar gun. Better yet, hire traffic ticket Attorneys like the Traffic Ticket Team who’s lawyers have handled over 1,000,000 traffic tickets to fight the ticket for you for as low as $69.

 

What do I do if I am in an Accident?

Tyler P.

As a responsible driver, you must never leave the scene of an accident. Not only is it essential that you provide any necessary help immediately following an accident, but leaving an accident scene can result in having your driving privileges revoked, your license suspended or being charged with a third or second degree felony if there are injuries. After stopping your vehicle, you should pull up as close to the accident as safely possible, without obstructing traffic. Take a moment to assess the situation, and do not panic. Be aware of the traffic situation, and any other potential dangers, such as fire. You should do your best to provide immediate assistance to other motorists, passengers or pedestrians that may have been injured in the accident. If you have been injured in a car accident, it is important to stay calm. Call or wait for help, and do not attempt to move if you are unable to do so.

 

What is the Move Over Law and What do I Do if I See a Police Car on the Side of the Road?

Mark K., Boynton Beach

Mark, when we drive at high speeds, if we are distracted, even for a moment, we can find ourselves drifting into another lane. The Move Over Law was created after several Police Officers were killed on the line of duty while giving out traffic tickets or simply helping people on the side of the road when cars drifted into the shoulder of the highway. Thus, when approaching an emergency vehicle with lights flashing parked on the side of a multi-lane road, you MUST move over by changing lanes away from the emergency vehicle as soon as it is safe to do so. Also, motorists must vacate the lane closest to an emergency vehicle to prevent crashing into the emergency vehicle or any emergency workers performing their jobs in the area. On a two-lane roadway, when approaching an emergency vehicle with lights flashing parked on the side you MUST slow down to 20 mph below the posted speed limit and approach with caution unless otherwise directed by an emergency worker on the scene. If you get a ticket for this or anything else, please call us. (954) 967-9888 AttorneyDiamond@TrafficTicketTeam.com

 

Does the Odor of Burnt Marijuana Alone Justify the Search of My Vehicle? My Trunk?

Billy F., Plantation

Billy asked this question because he called us after he was pulled over for speeding and he had a “roach” in the ashtray that had been smoked earlier. Based upon the United States Supreme Court and the Florida Supreme Court, the odor of burnt marijuana alone justifies a search of the interior of the vehicle, but not automatically of the trunk. A totality of the circumstances approach should be used to consider any other factors present which might justify a search of the trunk. A search of the trunk is justified if the officer can set forth any other actions, observations or circumstances in addition to the burnt marijuana, which might justify continuing the search into the trunk. This may include fresh marijuana found on a person or in the vehicle, a large amount of cash on a person or in the vehicle, furtive (suspicious) movements by the subject to distract the officer away from the trunk. Thus, if you are going to smoke marijuana, do not leave any in your car or trunk, regardless of the amount. (954) 967-9888 AttorneyDiamond@TrafficTicketTeam.com

 

Who Can be Granted a Power of Attorney and Who Cannot?

Veronica G, Coral Springs

Veronica is asking because her mother may need her to take over as her guardian since she is getting older. A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal” or “This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incompetency, or incapacity. All acts done by an attorney-in- fact pursuant to a durable power of attorney during any period of disability, incompetency, or incapacity of the principal have the same effect as if the principal were competent, not disabled and not incapacitated. In other words, legally, the person with the Power of Attorney is acting as if he were the person who is disabled. A contract made by an agent is legally the contract of the principal. Therefore, the Power of Attorney should not be given away lightly since anything the agent does on your behalf is binding on you. (954) 967-9888 AttorneyDiamond@TrafficTicketTeam.com

 

Can the police lie to me and make up evidence against me just to get me to make a statement?

Yes. The higher courts have ruled that the police can lawfully lie to you, make up that other evidence exists, and still question you to try to get you to incriminate yourself. However, they can not question you unless they read you your Miranda Warnings. Also, any time you say you want to stop talking or ask to talk to a lawyer, the police MUST stop questioning you. We advise that you should ALWAYS invoke your right to a lawyer and remain silent when you are arrested.

 

Do Police Officer’s have traffic ticket quotas?

Douglas from Weston was annoyed because he said he was not speeding and the cop was rude and ignored his pleas to not give him a ticket. So as to whether there is a quota, no not officially. Troopers and City Patrol Officers do not have a quota or minimum number of traffic stops they are required to make in any given time. However, their employers expect a full day’s work for a full day’s pay from each and every one of its employees. Thus, Supervisors look at the daily work sheet each and every trooper and traffic patrol officer is required to complete. The report shows how many physical assists or violator contacts were made during a shift. But there is no mandate or regulation requiring a specific minimum number of contacts per shift. However, it’s logical that a traffic cop would want to have higher numbers per shift to impress his or her boss just like any other employee.

What are the penalties if I am found guilty of DUI?

For a first time conviction of a DUI with a .08% Blood Alcohol, the fine will be $250 – $500, six months probation, DUI school with potential treatment to follow, a mandatory 50 hours of community service, 10 day impoundment of your car, 6 month loss of license and up to six months of jail. Most first time offenders for DUI, not involving accidents, who plea out their case do not get any jail time.

Is there really an emergency contact registration for my Florida License?

Yes. Lets say you are in a car accident and you can not speak because you are unconscious. What’s the fastest way to contact your parent, spouse, child etc.? Most people don’t know it, but your Emergency Contact on your Florida Drivers License. Only about 5% of people have filled this important information out. It takes about 30 seconds and we recommend you do it now. Go to www.flhsmv.gov and look on the right hand side. There is a black and pink box that says EMERGENCY CONTACT INFORMATION. Click it and fill out the people you want to be called in case you can’t communicate for yourself.

What should I expect if I am pulled over at a DUI Checkpoint?

Most often, if you are driving through a DUI checkpoint, and you are selected, you will be signaled or waived to pull your car over for a random stop. The officer will ask you for your driver’s license and car registration. During this time you may also be asked questions such as where you are going or where you were coming from. The officer will closely observe you and look for signs of impairment. If he suspects you are impaired, it may be because you have physical signs – such as a flushed face, messy clothing, odor of alcohol on your breath, bloodshot and/or watery eyes, slurred speech, etc. He will also look at the way you are handing him the documents he requested from you, as often impaired people have difficulty finding and producing their driver’s license and registration without fumbling. So if you have been drinking, do your best to disguise these signs or you will likely spend the night in jail.

Can I use my hazard safety lights during a rain storm?

No, it’s not safe and it’s not legal. You should put your headlights on during a rainstorm. In fact it’s the law. Hazard lights indicate a disabled vehicle (ie; not moving). Some hazard lights are on top of the break lights so if they are on while you are moving, the person behind you may not realize that you have applied your breaks. If things are so bad that you can not drive, pull over and then put on your hazards. But don’t drive with them on.

I simply paid some traffic tickets, and I just got a letter saying that my driver’s license is suspended for five years. Is this possible?

Russell B., Weston

Russell, unfortunately, the answer is yes. I can’t begin to tell you how often I hear this from my clients. If you pay tickets for driving with a suspended license without knowledge, these payments count as convictions on your record, and three of these convictions within five (5) years, will cause you to become a habitual traffic offender. You will the lose your license for five (5) years after you have worked so hard, and paid so much money, to get your license back. In some limited circumstances, we can try and re-open some of your old cases and fight those tickets so you will no longer be a habitual traffic offender. However, the moral of the story is, do not pay any traffic ticket without first speaking to an Attorney. (954) 967-9888 AttorneyDiamond@TrafficTicketTeam.com

If I blow under the legal limit of .08, can I still be arrested and charged with a DUI?

Jose G., Miami

Yes. A police officer can arrest you for a DUI if he knows that you are in actual physical control and believes that your normal faculties are impaired to the extent that you should not be operating a motor vehicle. Normal faculties basically means the way you walk, talk and act in a “normal” type of situation. Your normal faculties are likely to be tested when the officer asks you to complete voluntary roadside sobriety exercises. These exercises have come under scrutiny and criticism, but are usually the measuring stick if you are to be arrested. (954) 967-9888 AttorneyDiamond@TrafficTicketTeam.com

What’s the difference between a class-action lawsuit, civil suit, and criminal suit?

Darren B., Delray Beach

When you called Darren, you said this was just a curiosity question, so here are some general answers. A class-action lawsuit is a lawsuit seeking monetary award for damages done to a large number of people. Frequent class-action lawsuits occur against corporations for some product defectiveness or defective drug problem. A class action lawsuit typically does not get the individual plaintiffs much money in awards, but class action suits are effective in changing a company”s practices or getting faulty products out of the market. Personal injury lawsuits can use the class-action status if many people were injured in the same way. A civil suit is any lawsuit filed against someone else (or some entity like a corporation) seeking monetary compensation. Personal injury lawsuits are a type of civil suit, though so are many other kinds of lawsuits depending on the type of redress sought or type of crime committed. Criminal lawsuits are a kind of suit filed by the government against individuals or companies (usually filed my the State Attorney or Attorney General’s Office) seeking social redress. Criminal lawsuits seek some form of punishment not limited to monetary fine, including incarceration, probation, or other forms of law enforcement action. (954) 967-9888 AttorneyDiamond@TrafficTicketTeam.com

Solicitation of Prostitution

We don’t recomend anyone solicit a prostitute, but if you do, remember the following. If she has sneakers on, she is probably a cop and it’s probably a sting. This way if she thinks you are dangerous, she can run from you. Or if you run, she can help the other cops catch you. In that un-marked van accross the street are 5 male Officers waiting for her signal to come in and arrest you. I just had a client tell me he did not solicit the women Officer. After he heard the audio tape of himself from the microphone in the Officer’s shirt, we resolved the case quietly.

 

Traffic Ticket

“The Cop was a Jerk.” I hear this every day and I believe it’s true. But remember, if the officer had to follow you for a quarter-mile or more until you noticed him in your rearview mirror, he may be unhappy. He also doesn’t know if you are a good guy or a serial killer so he’s very tense when he approaches you. You might be guilty of “contempt of cop,” which happens when you don’t do whatever it is an officer wants you to do when he wants you to do it. Regardless, it is not a good idea for you to act in a similar manner. Rudeness of the cop is not a defense, so give a mad dog two bones and be extra nice. You won’t win an argument on the street with the officer, so call us and let us fight with him.

 

Can I use my Driver’s License Internationally?

Generally, yes. But many countries draw a fine line between visiting and a permanent stay. Check with the country’s consular office to find out if your license will be accepted and how long you have to drive there without applying for one of theirs. Also, you can get what is called an International Driving Permit (IDP). An IDP is a special permit that allows you to drive in other countries without taking a new test or any other formalities. It is valid in any of the over 150 countries that have signed the 1929 or 1949 UN convention on road traffic. Lastly, if you are driving in Florida and you truly are a resident of another country just visiting Florida on vacation, your home country’s license should be considered vaild if you are stopped by the police.

 

What do the Police Look for When Assessing a Drunk Driver?

Turning with a wide radius, straddling the center of lane marker, almost striking an object or vehicle, weaving, swerving, driving more than 10 mph below the limit, drifting, tires on center or lane marker, braking erratically, driving into opposing or crossing traffic and driving with your headlights off. Speeding, incidentally, is not a symptom of DUI; because of quicker judgment and reflexes, it may indicate sobriety. Although, we don’t reccomend you speed in order to bolster your DUI defense should you get arrested.

 

If I am Arrested, How Does Bail Work?

Mike E.,Wellington

Mike, I assume this is a hypothetical question, but I will try to address the most common issues regarding bail. After a person is arrested, he is required to appear before a Judge or Magistrate. At this time, the Defendant may request or a Judge may set bail for the defendant’s release. Bail is cash or a cash equivalent that is given to the court to ensure that he or she will appear in court when ordered. If the Defendant appears when he or she was ordered to, bail is refunded. However, if the defendant fails to appear, the court keeps the bail and issues a warrant for his or her arrest. Bail can be in a number of different forms. The most common is paying the full amount in cash or getting a bail bond. A bail bond is a promise that you will appear in court when you are supposed to. The bond seller, known as a Bail Bondsman, posts a bond with the court, and the Court keeps the bond in case you don’t show up. A bail bond can usually be purchased for about 10 percent of the amount of the bail. However, the Bail Bondsman usually keeps this 10 percent as his fee. If you are arrested, call us and we can advise you further on this matter. (954) 967-9888 or AttorneyDiamond@TrafficTicketTeam.com

If I am not Happy with the Lawyer Handling my Case and Want to Replace Him, Can I simply Fire Him and Retain Another Lawyer?

Linda B., Miami

Yes Linda, you have a right to replace your lawyer at any time. As a client, you are entitled to be treated with courtesy and consideration at all times, to have your questions and concerns addressed in a prompt manner, and to have telephone calls returned promptly. If you are dissatisfied with the legal representation you are currently receiving, you can withdraw from the attorney-client relationship at any time. This is the case with any type of lawyer. Whether it is an injury matter, a criminal matter or a divorce matter, you can replace him, usually with the Court’s permission. Just keep in mind, your lawyer is not a magician. If you assume that in most cases one party wins and one party loses, it doesn’t mean that half the lawyers were bad or un-qualified. However, as stated above, if the Golden Rule is not being followed, you might want to consider looking for a new lawyer. (954) 967-9888 or AttorneyDiamond@TrafficTicketTeam.com

Will Errors on the Ticket Result in the Charges Being Dropped?

Mickey B., Boynton Beach

Good question Mickey. Courts will often excuse minor errors on a ticket. A misspelled name, incorrect address or difference in opinion on whether your car is aqua or green in color will not result in a dismissed ticket. Conversely, a major error such as citing the wrong statute, radically misidentifying your vehicle or listing the wrong highway as the site of the violation should provide justification to dismiss the ticket. However, it may be advantageous to say nothing about the errors until your trial. Let the officer use the ticket to describe the violation, location, and identification of your vehicle (they all do). After he or she has sufficiently buried him or herself with perjured testimony, you can document the errors and any legitimate court will dismiss the charges. However, many tickets are dismissed at the first hearing for major defects on the ticket. Also, almost all are resolved before trial via a plea whereby you agree to pay a minor court cost and you do not get points or school. If you get a traffic ticket, please feel free to call us or E-mail us any time. (954) 967-9888 or AttorneyDiamond@TrafficTicketTeam.com

Does the officer have to show me the radar/laser reading?

Sue Z. Plantation

Sue, this is not required any jurisdiction. Also, whether the officer allows you to see the speed reading has virtually no bearing on your case. Most Officers can’t lock a radar reading and they will never show it to you so don’t ask and antagonize the Officer. Just sign the ticket and don’t argue. If you get a speeding ticket, call us we’ll fight the cops for you. E-MAIL: Ticket@TrafficTicketTeam.com or CALL: (954) 967-9888.

What is Medical Malpractice?

Madison G. Boca Raton

Madison, we are asked this very often. When a medical professional, such as a doctor, nurse, dentist, technician, hospital worker, hospital or other health care provider causes harm or death to a patient by failing to provide suitable care, medical malpractice or medical negligence may have occured. An error in judgment is not malpractice. A malpractice lawyer can help determine if your health care provider did not provide acceptable care or if medical mistakes occurred. E-MAIL: Injury@TrafficTicketTeam.com or CALL: (954) 967-9888