Florida Criminal Lawyer Blog

Our South Florida traffic attorneys have learned that the Florida Highway Patrol will be targeting violators of the Move Over Law now through September 7. 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 through Labor Day to raise awareness and ensure compliance to the Move Over Law. The Patrol create Public Service Announcements and will distribute brochures at traffic stops. Both are available in Spanish and English versions.

PRESS RELEASE Move Over, Florida! It's the Law, August 21, 2009

Continue reading " Broward Ticket Attorney - Police Upping Enforcement of Move Over Law " »

Our South Florida criminal defense attorneys have been following a news story out of Atlanta involving Denver Broncos wide receiver Brandon Marshall, 25.

Marshall's ex-girlfriend Rasheedah Watley had accused him of pushing her on a bed and grabbing her neck. She testified in court that he had assaulted her during several incidents at the condo they shared in March of last year. Her attorneys showed photos demonstrating Watley's face and neck the morning after the alleged fight. Marshall has been arrested at least four times since March of 2006.

A jury of four women and two men acquitted Marshall of domestic violence charges in less than an hour. He missed a game last season after violating the personal conduct policy. Marshall's suspension had been reduced from three games to one.

Denver WR Marshall acquitted, KansasCity.com, August 15, 2009

Continue reading " Football Star Acquitted of Domestic Violence Charges " »

On Friday, the Florida Department of Transportation announced that it is stepping up enforcement of drunk driving laws statewide. As part of the annual, nationwide "Drunk Driving. Over the Limit. Under Arrest." enforcement and outreach campaign, law enforcement officials throughout Florida will be aggressively searching for impaired drivers and will arrest anyone found driving under the influence of drugs or alcohol.

Last year, Florida had over 22,200 alcohol-related crashes. There were more than 1,100 alcohol-related fatalities and more than 15,700 alcohol-related injuries throughout the state.

The crackdown will continue through Labor Day, since Labor Day weekend is often the deadliest time for Florida drivers. In 2008, 36 people died on Florida roads during the holiday weekend and a third of those fatalities were alcohol-related. More than 10,000 police agencies across the country are participating in this law enforcement effort.

PRESS RELEASE: Florida Law Enforcement to Launch Statewide Crackdown on Impaired and Unsafe Driving, August 21, 2009

Continue reading " South Florida DUI Lawyers Discuss Statewide Crackdown on Unsafe Driving " »

Two separate lawsuits involving red-light cameras in Aventura and Temple Terrace, Florida have officials in Pembroke Pines worried that their Broward city could be next. Critics of the red light cameras assert that the cameras violate drivers' due process rights. A few months earlier, Florida's legislature killed a bill that would have allowed municipalities to install red-light cameras at intersections.

In response to these concerns, city officials are working to amend their contact with American Traffic Solutions (ATS) so that ATS would shoulder part of the burden of any lawsuits.

Last March, Pembroke Pines became the first city in Broward County to fine drivers for speeding using red-light cameras. The first camera is at Pines Boulevard and 129th Avenue. They have since added five more, and violators are fined $125.

Twelve other Broward County municipalities are either researching this option or are about to vote on it. Hollywood, Fort Lauderdale, and Hallandale Beach have all approved red-light camera programs, despite it being a legal gray area.

Pembroke Pines fears red light camera lawsuits, South Florida Sun Sentinel, August 16, 2009

Pembroke Pines to discuss red-light cameras tonight, South Florida Sun Sentinel, August 19, 2009

Continue reading " Pembroke Pines Concerned Over Red-Light Camera Ticket Lawsuits " »

OAKLAND PARK, Florida - Police Agencies in Broward County will be conducting a DUI sobriety checkpoint Friday, August 21, 2009 in Oakland Park at 1701 East Oakland Park Boulevard.

The Oakland Park Boulevard corridor in Broward County has been fertile ground for DUI arrests for quite some time. After an evening on Fort Lauderdale beach, many people utilize Oakland Park Boulevard as a means to access I-95. The road is usually heavily patrolled and has a number of speed limit variations that officers utilize in order to justify their traffic stops.

Sobriety checkpoint Friday in Oakland Park, South Florida Sun-Sentinel, August 20, 2009.

Troopers plan sobriety checkpoint Friday in Oakland Park, Miami Herald, August 20, 2009.

Continue reading " Broward DUI Attorney Advises of Sobriety Checkpoint in Oakland Park " »

According to a recent article in the Miami Herald, the police department of Davie, Florida is partnering with Women in Distress (a state-certified domestic violence center serving Broward County) to add a new full time position devoted to investigating domestic violence. Davie Detective Mark Brent is a former burglary detective who has been named to this new position. The move is part of a broader initiative to track trends and monitor domestic violence cases more closely.

According to Brent, his new position differs from investigating burglaries because often suspects can't be found. Most domestic violence cases have an identifiable suspect, and the suspect can often be tracked if police respond to multiple domestic violence calls at the same address.

The town of Davis reported 266 cases of domestic violence in the first six months of this year. In 2008, the total was 446, and in 2007, it was 361, so this could signal a dangerous trend. Across the country, a woman is battered by her husband, boyfriend, or live-in partner every nine seconds, according to Women in Distress of Broward County.

New officer focuses on the victims, Miami Herald, August 16, 2009

Continue reading " Davie Criminal Lawyer Discusses Addition of Domestic Violence Detective to Davie Police Department " »

Our South Florida traffic attorneys have learned that Parkland Commissioner Jared Moskowitz plans to ask the City Commission to pass a ban on texting while driving within Parkland's city limits. They would become the first city in Broward County to pass such a ban.

The main argument in favor of the ban is that text messaging behind the wheel creates a dangerous and unnecessary distraction. In fact, a recent study by a vehicle safety research organization found that drivers who text while behind the wheel of a car or other motor vehicle are 23 times more likely to crash than other drivers. Another study out of Virginia Tech's Transportation Institute found that the average text message takes the driver's eyes away from the road for 4.6 out of every six seconds.

However, critics worry that it could be difficult to enforce the ban, because some drivers don't know when they enter city limits and it could be hard for law enforcement officials to see if someone is texting while they're driving upwards of 30 mph.

The fines for texting behind the wheel have yet to be determined, but they could mirror similar laws in other states. For instance, California fines drivers $20 for their first offense. Lawmakers say they are still pushing for a statewide ban on texting while driving.

Parkland could become first Broward city to crack down on texting while driving, South Florida Sun Sentinel, August 17, 2009

Continue reading " Parkland Traffic Lawyer Discusses Cities Move to Ban Texting While Driving " »

In Juno Beach, Florida, community members are divided on the issue of a mobile white van that was added four months ago to monitor speeding drivers. The van has already resulted in about 4,000 traffic citations, generating over $250,000 in revenue for the town. It catches an average of 35 speeding drivers per day.

If someone is traveling more than 9 mph over the speed limit, they are mailed a $125 citation for the first offense. The fee doubles for second offenders. The citation is a civil penalty that does not go on the driver's record; however, their driver's license can be suspended if the fine is not paid after 60 days.

According to town officials, the unmanned van frees up police officers for more important tasks while ensuring that drivers are traveling at a safe speed. However, some members of the community allege that the van is purely a cash cow for the town. In fact, some say the van causes unsafe conditions because drivers slam on their brakes when they see the van.

Juno Beach counts the money as unmanned van boosts speeding tickets, PalmBeachPost.com August 10, 2009

Continue reading " Palm Beach Speeding Ticket Lawyer Discusses Mobile Van That Nabs Speeding Motorists " »

Last week, the Lakeland Police Department introduced its latest tool in fighting drunk driving. Their new 2009 Dodge Charger is fully equipped with an in-car Breathalyzer testing system. Police say their new vehicle will half the time it takes to perform a blood-alcohol test.

Before LPD received the Dodge Charger "police package," which comes with front and rear radar in addition to the Breathalyzer unit, police had to process a Breathalyzer test about an hour after the initial stop. Police say that having a quicker testing time will make DUI cases stronger in court. The car was given to the police department by the Florida Department of Transportation and began patrolling Lakeland's streets last week.

The vehicle is valued at around $55,000.

LPD's Dodge Charger Has A Breathalyzer on Board, The Ledger, August 3, 2009

Continue reading " Broward Drunk Driving Defense Lawyer: Florida Police Say New Breathalyzer on Board Cut Testing Time in Half " »

After November 1, 2009, the State of Florida will no longer issue both a Florida Driver's License and a State identification card to Florida residents. After November 1, the Florida Department of Motor Vehicles will no longer issue I.D. cards to individuals who already have a Florida driver's license. If you currently hold both a driver's license and an identification card, you may continue to use both as proof of identification until your next driver's license issuance.

It's a good idea to obtain a Florida I.D. card in addition to your driver's license before it's too late. Having an additional form of identification can come in very handy especially if one is lost or misplaced. Be sure to keep the driver's license and the identification card in two separate locations.

Continue reading " Plantation Traffic Lawyer: Get Your Florida I.D. Card Before It's Too Late " »

The Miami New Times reports that store clerks in South Florida have been fighting back against armed robbers. An incident on July 20 at a Honduran grocery store in Miami involved a 20-year-old who held customers and a manager at gunpoint, demanding the contents of the cash register and cartons of cigarettes.

A 24-year-old manager pulled a .38 on the would-be robber, who sustained a bullet to the chest as he ran away. A few steps beyond the store, he flopped onto the wet asphalt and died in what police called a "justifiable homicide." Governor Jeb Bush's 2005 "Stand Your Ground" law backs up that ruling by extending legal protection to victims of violent crime who shoot at their aggressors before trying to make peace.

A few more examples of store clerks turned vigilantes: In 2007, a clerk at a Super Stop in Pembroke Pines pulled a handgun on two armed robbers and killed one. The following month, a clerk at OG'c Corner Urban Wear in Oakland Park shot a 17-year-old robber. The list goes on, but this certainly represents an interesting new trend in South Florida crime.

South Florida Store Clerks Go Vigilante, Miami New Times, August 4, 2009

Continue reading " South Florida Store Clerks Defending Their Stores Against Robbery " »

Here's a story that made our Broward County Shoplifting Lawyers view law enforcement in a slightly different light. In Tampa, Florida, a police officer says he personally paid for almost $70 in grocery items for a woman caught shoplifting from a Sweetbay Supermarket.

The woman told police corporal Vince Sallimo that she shoplifted the items because she could not afford to buy diapers, baby formula, and food for her kids. She also said her husband was being deported and that she had been evicted. Sallimo reportedly paid for the items himself after hearing her story of hardship.

In light of the woman's situation, Sweetbay Supermarket has chosen not to press shoplifting charges against her.

Cop pays for shoplifter's grocery items, UPI.com, July 29, 2009

Continue reading " Broward County Shoplifting Attorney - Florida Cop Buys Groceries for Woman Caught Shoplifting " »

Our South Florida traffic lawyers have recently learned about a new law that will require some of the state's worst drivers to take a behind-the-wheel driver's education course and a pass a driving test. The law, which was signed last month by Governor Charlie Crist, goes into effect on January 1.

Drivers should note that violations will begin counting in January, so if you have previous traffic infractions or were found at fault for a car accident prior to January, it won't count in this case. However, highway safety officials say they have identified more than 3,200 Florida drivers who are considered dangerous behind the wheel. These drivers were involved in more than 10,000 accidents during a three-year period ending December 31, 2008. Roughly 600 of those drivers have at least one conviction for driving under the influence of alcohol.

Statistically, these drivers are predominantly males under age 40 who live in urban areas. More than one third of those drivers are under age 25. The state's most populated county, Miami-Dade, has the largest number of dangerous drivers. Broward County ranks fifth.

Florida's worst drivers will have to retake driving test, Miami Herald, July 10, 2009

Continue reading " New Florida Law Will Require State's Worst Drivers to Retake Test " »