Florida Traffic Ticket Attorney

Florida Senate lawmakers are poised to vote on a bill to ban texting while driving. However, it appears the measure may die in the House for the third straight year.

The Florida Senate Budget Committee approved the bill that would make texting a secondary offense — meaning a motorist could not be stopped on the basis of that alone. A fine would be the only available punishment.

Thirty-five other states have enacted similar bans. But a similar bill, remains stalled in the Florida House. AAA is urging the House to take up the bill, citing a survey by the motoring group that showed four out of five Florida voters favor a ban on texting while driving.

6. Slow Down

It may seem obvious, but DON’T SPEED.  The reality is that if you are not speeding at all, or at least are not traveling any faster than the other cars on the road with you, it is very unlikely that you will receive a ticket.

So, slow down, stay with the flow of traffic and be aware of your surroundings to avoid that lurking police officer.  But, if you do get a traffic citation, be sure to call our experienced traffic ticket attorney William Falik.

5. Use a Secret Weapon: POI Software

For those who have GPS navigation systems, on some models, you can download additional Points-of-Interest (POI) software onto your device.  This software will tell you when you’re approaching stoplights with traffic cameras. You can usually find links to this software on the GPS manufacturers’ website.

4. Plead not guilty, and hire an attorney

An attorney knows all types of “tricks” and strategies for beating tickets.  For instance, the more time you put between your speeding encounter and your court date, the better in most cases.  Imagine how many people an officer pulls over. How many will he remember two or even six months from now, especially if you take your ticket quietly and move on? The more continuances you can reasonably request, the more time you have to collect your evidence and prepare your defense — and the less specific that officer’s recollection will be. Getting a continuance also increases the probability that the ticketing officer retires, transfers to another department, or just doesn’t show up for your court date. In almost all of these extenuating situations, the case against you will be dropped.

3. Do not admit that you were speeding

If you do, unfortunately, get stopped for speeding never acknowledge that you were, in fact, speeding.  This would give the police evidence to use against you when you contest your ticket in traffic court.  Frequently, the officer will ask you, “Are you aware how fast you were going.”   This is a trap!!  Do not say, “I don’t know” or state a speed over the posted speed limit.  In fact, just say, “I don’t think I was speeding” if that is accurate, or be as non-committal as possible if you think you may have been speeding.  Even more important to help fight the ticket is that you just get through the meeting with the police as quickly and politely as you possibly can. You don’t want the officer to remember anything about you, except, if anything,  that you were polite and followed instructions.

2. Wave at the hidden police cruiser

So your driving down the road a little faster than you should have been, and you spot a police officer’s car lurking behind some bushes.  One of the smartest thing that you can do right then is to wave at the officer. Why? It may sound a bit crazy at first but think about it.  He will either think that you know each other and wave back, or will think that you’re acknowledging that you were driving too fast, and are letting him know that you’re slowing down. Either way, you drastically reduce your chance of getting a ticket.

1. Your car says a lot about you

Most officers decide whether you’re getting a ticket or a warning before they even approach your vehicle. Generally speaking you should keep your car maintained in such a way that you wouldn’t be embarrassed to be seen by an employer in it. Keep it clean, decluttered, and free of bumper stickers that are anti-police. Avoid aftermarket add-ons like spoilers, tinted windows, and neon undercarriage lights. The message should be that you are responsible and law-abiding, not that you are rebellious or trying to hide something.

However, if you do receive a speeding ticket or citation, contact experienced traffic ticket attorney William Falik right away.

If you have been charged with reckless driving, for texting or any other reason, contact experienced traffic attorney, William Falik. He can help.

Although thirty-five states and the District of Columbia already have bans on texting by all drivers operating motor vehicles, Florida is not one of them according to the Governors Highway Safety Association. The Florida Legislature has been generally opposed to anti-texting bills on the basis that it would be an unnecessary government intrusion into people’s lives.

“There are already laws on the books that make it illegal to drive unsafely,” said Jim Harper, director of information policy studies for the libertarian Cato Institute. Florida has a “reckless driving” law which arguably covers texting while driving if done recklessly.

On the other hand, victims of car crashes caused by texting drivers see it differently. The federal government says a texting driver is 23 times more likely to crash than one not texting, while AAA puts the figure at six times.

However, texting bans haven’t had an effect on the number of accidents in other states. A 2010 study by the Highway Loss Data Institute said crashes didn’t decrease in states that banned texting by drivers, and in fact found that reported collisions went up slightly. One theory for the increase is that the bans actually make things worse by causing drivers, knowing it’s illegal, to move their phones down and out of sight when they text, thus taking their eyes further away from their driving.

Both sides of the anti-texting debate agree the real danger is “distracted driving.”

The Florida Driver’s Handbook lists “driving while calling, answering, talking or texting on a mobile phone” as bad habits that drivers should break. But the handbook also lists “driving when ill, upset or angry” and “driving while eating and drinking.”

Nonetheless, one in seven drivers have admitted to reading or sending a text message while driving. The figures are even higher for 16- and 17-year-old drivers.

Bills currently pending in the Florida legislature would make texting subject to secondary enforcement, meaning police could cite drivers for it only if they had been pulled over for another violation such as speeding. A first violation would be a $30 fine; a second violation within five years would be $60. Further, if texting resulted in a crash, the driver would be assessed six points — 12 points within a year leads to a 30-day driver’s license suspension. Points also lead to increased insurance rates.

A spokeswoman for Republican Gov. Rick Scott, who usually pushes for limited government and less regulation, says he hasn’t taken a position on a ban.

An Old Town woman has been charged with DUI manslaughter involving the death of a motorcyclist in a crash.

According to the Florida Highway Patrol, the crash happened when the woman was driving a car north on U.S. 19 and was approaching a northbound 2008 Harley Davidson motorcycle.
The front of the automobile hit the back of the motorcycle and pushed the motorcycle for more than 300 feet. The rider was ejected from the motorcycle and pronounced dead a few hours later.

FLORIDA TRAFFIC TICKET ATTORNEY

Millions of traffic tickets are issued in the United States every year. With the fines for many tickets costing more than $100, that makes traffic tickets a billion dollar industry. Some critics of the traffic ticket system say that it doesn’t ensure safety and only encourages police officers to satisfy ticket “quotas.” Even so, tickets are intended as a deterrent and knowing how traffic tickets work is important whether you’re fighting a ticket in court or trying to better understand the traffic laws. Here we will look at the different types of offenses.

Generally traffic citations are broken up into infractions and violations. An infraction is an offense that is not considered a crime and its penalty is a civil fine. A person who is guilty of an infraction can’t be jailed, receive large fines, have a jury trial or a court-appointed lawyer. Most traffic tickets, such as non-moving violations and non-dangerous moving violations, are infractions. Some speeding tickets can still be relatively large, as many states determine the fine based on how many miles per hour beyond the speed limit the offender was driving.
A violation is more severe than an infraction, and is considered a crime. More serious violations are classified as misdemeanor or felony traffic violations. These include DUI, reckless driving, driving without auto insurance and failure to stop at the scene of an accident. Suspects who are charged with a misdemeanor or felony traffic violation have all the normal rights afforded to criminal defendants. They undergo the booking and bail processes and have the right to a jury trial and a court-appointed attorney.

An offender will usually be charged with a misdemeanor or felony if the traffic violation caused, or threatened to cause, injury to a person or property damage. A traffic offense can move from infraction to violation, depending on the circumstances. For example, running a stop sign may only be an infraction, but if running a stop sign results in a pedestrian getting hit, the infraction may be classified as a misdemeanor or even a felony. A felony is a serious crime. If convicted of a felony, at a minimum, you would face a year imprisonment. Repeat DUI, hit and run and vehicular homicide are all examples of felonies.

Traffic offenses are also divided into moving and non-moving violations. A moving violation refers to a traffic violation committed by a moving vehicle while a non-moving violation is related to a car that is not in motion. Generally moving violations are considered more severe — and the fines are higher — than for non-moving violations because of the potential for an accident or other dangers. Moving violations include running a red light or stop sign, DWI/DUI and speeding. Tickets for non-moving violations are usually for parking violations, such as parking more than 18 inches from a curb, parking in front of a fire hydrant, parking in a no-parking zone or parking beside an expired meter. Illegal vehicle modifications, illegal tint or faulty equipment can also merit a ticket for a non-moving violation.