Posted On: March 31, 2011

In Florida, Driving While Licensed Suspended is Criminal Charge

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In Florida, receiving a traffic ticket for driving on a suspended license does not necessarily mean you only have a traffic infraction. Often, such tickets are not handled in the typical traffic court setting, but in criminal court as a misdemeanor offense. Not being handcuffed and taken to jail does not mean that you have not been charged with a crime in this matter.

In Florida, the first offense for driving on a suspended license, if convicted, is a second degree misdemeanor; the second offense with a conviction is a first degree misdemeanor and the third convicted offense is a third degree felony. Punishments for such offenses, according to Florida Statute §775.082 include the following:
• A second degree misdemeanor per Florida Statute §775.082(4)(b), is punishable by no more than 60 days in jail.
• A first degree misdemeanor, per Florida Statute §775.082(4)(a), is punishable by no more than one year in jail.
• A third degree felony, according to Florida Statute §775.082(3)(d), a term of imprisonment for no more than five (5) years.

If you have received a ticket for driving on a suspended license, you should speak with an experienced criminal law attorney to help you better understand your rights an options in defending the case.

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Posted On: March 30, 2011

Can I be charged with boating under the influence in Florida?

boatpic.jpg Yes. Florida law recognizes boating under the influence. The same legal limit for motor vehicles applies to boaters. That legal limit is .08 blood alcohol or breath content. The threshold drops to .02 if the boater is under 21 years old. However, one can be charged with boating under the influence without taking the test as long as the officer believes the boater to be operating the boat under an impaired status (whether under the influence of drugs or alcohol). This is very subjective and many times officers make mistakes. It is much harder for officers to conduct field sobriety tests on a boater unless they bring the boater to shore.

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Posted On: March 14, 2011

Police out in full force this Weekend for St. Paddy's Day

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Police checkpoints can be expected this coming weekend in Atlantic Beach in anticipation of the St. Patrick's Day festivities. Additional police force will most likely be out in other parts of the Jacksonville area also.

If you are stopped at one of these checkpoints, be cooperative and respectful to the officer. The more you avoid cooperating with them, the more suspicious they are going to be. If you are arrested for driving under the influence or open container, you should contact an experienced criminal defense attorney.

Driving under the influence is a serious charge and can affect the rest of your life. Make sure your rights and best interests are being served.

To learn more about this article, please visit DUI checkpoint this weekend in Atlantic Beach and other police news in Jacksonville Beaches area.


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Posted On: March 13, 2011

Overall Success at Bike Week in Daytona

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Law enforcement was "pleased" overall with the bike week festivities that occured in central Florida this past weekend. Volusia and Flagler counties had a number of arrests for DUI and other traffic violations, but the fatality rate was down compared to past years. Motorcycles are considered "motor vehicles" under the DUI statute.

Therefore, a driver of a motorcycle has the same protections as autimobile drivers but they are also subject to many of the same automobile statutory infractions and penalties.

To learn more about this article, please visit Law enforcement: Event 'quiet'.


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Posted On: March 7, 2011

What the Florida Romeo and Juliet Law Means for Some Who Were Convicted of Sex with a Minor

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
1125087_person_jail.jpgBefore the introduction of the Romeo and Juliet Law in Florida, two victims may have existed in a sexual battery of a minor conviction. Florida law stated that a minor (16 years of age and under) cannot consent to having sexual intercourse. Therefore, the older boyfriend or girlfriend of a minor could be charged and convicted of statutory rape and be placed on the Florida sex offender list for a lifetime if s/he engaged in intercourse.

The Romeo and Juliet Law, which was established in 2007 protects the older boyfriend/girlfriend from being placed on the sex offender list if the sex was consensual and s/he is no more than four years older than the minor. This law protects individuals from a life sentence of the Florida sex offender list if the minor’s parent simply reported the relationship because the parents did not agree with the nature of the relationship, hence the name, “Romeo and Juliet”.

The sexual battery law now states that sexual battery occurs when someone 24 years of age or older engages in sexual intercourse with a minor 16 or 17 year old. However, those who engaged in such activity with the prior age of a minor being 16 years of age falls under the Romeo and Juliet law as long as that individual was no more than 4 years older than the minor.

If you have been placed on the sex offender list for engaging in a relationship with a minor and you were no more than four years older than the minor, then you may qualify under the Romeo and Juliet Law. For more information, you should speak with an attorney.

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