Jail or Treatment

Jail or Treatment

If an individual is charged with a second or subsequent DUI, they should know that the minimum jail sentence required can be satisfied by jail or treatment in a residential facility.  For example, if you are charged with a third DUI within ten years there is a mandatory thirty day jail requirement as part of your sentence.  However, if the court approves, all or part of this sentence may be served in a residential Read More

Car Crash Auto Accident

DUI Crash Investigation Statements

There is a well known law in Florida that statements you make to a police officer investigating your traffic accident  cannot be used against you at a criminal or civil trial.  The law was made to encourage people to be truthful during accident investigations.  This rule becomes very important if you are later charged with DUI.  DUI Crash Investigation Statements can’t be used against you in a criminal trial.  UNLESS the officer:

  • Specifically informs you
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Obscured License Plate

Stopped for an Obscured Tag?

What is an Obscured Tag? Simply put, it is a traffic violation for having a license plate on your car which has something covering the numbers, letters registration sticker, or any of the writing on the plate – like the word “Florida”.  If the cops can’t see a portion of your plate, they can stop you.   Prior to this week, the meaning of the statute varied from court to court.  For example, some courts said … Read More

Passengers in Traffic Stops

Can a passenger in a car that’s legally stopped for a traffic violation be detained by police?  Yes.

The Courts (both the US Supreme Court and Florida Courts) agree that passengers in a car are not free to leave, and can be lawfully detained for the duration of the stop.  The Courts all agree that because traffic stops are brief, “seizing” the passengers in a car is not an unreasonable violation of the Fourth Amendment.Read More

Traffic Stops: How long can you be detained?

Like all things legal – It depends.  So let me give you an example from a recent appellate court decision out of Polk County – which is part of the Second DCA and binding on courts in Pasco and Pinellas Counties.

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Joey Villanueva was stopped for running a stop sign. An officer approached the car, asked for a driver’s license which Villanueva gave him.  The officer came back to the car and asked if Villenueva … Read More

Traffic Stop for Dark Window Tint

Traffic Stop for Dark Window Tint

Let’s say you just bought a used car and the police do a traffic stop for dark window tint. You never had the windows tinted, the car came like that. Or let’s say you recently had the windows tinted by a reputable tint dealer. Then, in the middle of the day, you’re driving and get pulled over for what you think is no reason. Somehow, (either because you give … Read More