Articles Posted in Traffic

If you’re a driver who survives a deadly crash when others didn’t, it’s a unique kind of nightmare. Of course you didn’t intend harm. Maybe it wasn’t even wholly your fault. Nonetheless, lives were changed irrevocably – your own included. That is especially true if you’re arrested in connection with a fatal car accident in Fort Lauderdale. Fort Lauderdale fatal crash defense lawyer

Just because a fatal crash occurs (as they do roughly 3,500 times a year in Florida, according to the FLHSMV), it does not necessarily mean the driver(s) will face criminal charges. You might only face a traffic citation.

Criminal traffic charges are typically only filed when there is evidence of willful/wanton recklessness. Not mere carelessness, but reckless driving in a manner likely to cause great bodily harm or death. That can include street racing, being drunk/under the influence, fleeing a law enforcement officer, greatly excessive speeding (significant enough to be considered reckless), or engaging in acts of road rage (weaving through traffic, aggressively cutting people off, etc.).

The other primary catalyst for criminal charges filed in fatal Florida traffic accidents is a driver leaving the scene of an accident, better known as hit-and-run.

As a Fort Lauderdale criminal defense lawyer can explain, charges might not be filed immediately after the collision. It’s going to take time for investigators to piece together what they think happened. Some arrests don’t happen until months after the fact. It’s a really good idea if you were a driver in a fatal Broward crash to seek immediate legal counsel from a criminal defense lawyer – even if you aren’t sure whether you did anything wrong. This will help ensure your rights are protected and that you don’t speak out of turn in a way that could threaten your freedom or your future.

Criminal vs. Civil Traffic Crash Cases

Fatal crashes sometimes result in two separate judicial proceedings: One civil, one criminal.

In the civil justice proceedings, the question will be whether the defendant driver was negligent, meaning they failed in their duty to use reasonable care in operating the vehicle, resulting in the death of another person. Such cases are filed by the decedent’s surviving loved ones or their estate. If negligence is proven by a preponderance of the evidence, the defendant may be financially responsible to pay money to the survivors/estate.

In the criminal justice proceedings, the question will be whether there is proof beyond a reasonable doubt that the defendant driver violated state law, and thus deserves to be punished according to the state’s criminal code.

The proof burden for criminal cases is far higher than for civil cases. That’s the reason a person might not face criminal charges, but could still be found liable in civil court.

Recent Broward Fatal Crash Criminal Cases

Recently, a number of fatal crashes in Broward County have made headlines. Among them:

  • A 42-year-old arrested for two counts of reckless driving and one count of vehicular homicide in Fort Lauderdale after the crash death of a motorcyclist.
  • A 20-year-old arrested for two counts of vehicular homicide, multiple counts of reckless driving, and numerous drug charges following a fatal Tamarac rollover crash that killed two women and injured five other people.
  • A 16-year-old unlicensed teen driver and his father arrested for reckless driving and vehicular homicide for the death of a pregnant ICU nurse and critical injury to her 8-year-old son in Miramar. The teen was allegedly under the influence of marijuana and driving 113-miles-per-hour in a 45 mph zone. The teen’s father wasn’t in the vehicle at the time, but his criminal charges stem from the fact that he provided his unlicensed teen with a vehicle.

Penalties for Fatal Crash Criminal Charges in Florida

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Having a revoked or suspended driver’s license in Florida – whether as a result of traffic violations or a DUI – can complicate your life logistically in so many ways. Not being able to legally drive is more than a minor inconvenience. It can make it tougher to attend school, maintain employment, care for your children, and carry out basic, everyday tasks. If your driver’s license has been suspended, working with an experienced criminal defense lawyer is imperative to protecting your rights while advocating for minimal driving restrictions. Fort Lauderdale license suspension lawyer

As a longtime Fort Lauderdale criminal defense lawyer, I am able to help clients regain their driving privileges and advocate for a reduction of license suspension or revocation periods. I can also help clients charged with:

What is the Process for Florida Driver’s License Suspension?

There are many reasons the State of Florida can suspend your driver’s license – and they can do so without a preliminary hearing if there is sufficient evidence of wrongdoing pursuant to F.S. 322.27. Continue reading

Artificial intelligence (also known as AI) has long been the subject of futuristic dystopian novels, with films like “Blade Runner” hyping the potential for this type of technology to bolster a nefarious police state. So it’s not surprising that the introduction of AI technology in criminal justice has been controversial. As our Broward criminal defense lawyers can explain, AI (specifically, facial recognition software) has been primarily utilized by police and prosecutors. Recently, however, it was used to exonerate a defendant accused of Florida vehicular homicide.Broward criminal defense lawyers

According to news reports and court records, the case began with a fatal car crash in Fort Myers six years ago. According to the defendant, he was the front seat passenger of a Mustang driven by his drunk, distraught friend, who sped recklessly at 100 m.p.h. on a street with a speed limit of 35 m.p.h. The defendant said he was terrified, begging his friend to slow down. They struck a curb, careened out-of-control, slammed into a light pole and then three palm trees before finally stopping against the side of a tree. The defendant blacked out. When he came to, his friend, the driver, was gone. The windshield had shattered. He was stuck, his seat belt jammed. And the car was on fire. He was dazed when an unknown man jumped into action, forcing open the driver side door and getting him out of the burning car.

He didn’t get the name of the man who pulled him from the car. When police arrived, they spoke briefly to the Good Samaritan – an interaction caught on the officers’ body cameras – who affirmed he’d pulled the defendant from the passenger seat. However, the officers didn’t get the name of that man either, perhaps being distracted by the fact that the defendant’s friend was dead nearby (which is not an excuse, especially as it almost led to a serious miscarriage of justice). Later, despite the defendant’s fervent insistence that he hadn’t been driving, prosecutors charged him with vehicular homicide for the death of his friend – a charge that could have landed him in prison for 15 years. They said there was conflicting evidence about who was driving; an accident reconstructionist presented evidence that the burns on his body weren’t consistent with being in the passenger seat. Prosecutors indicated the information provided to police by a nameless man on body cameras wasn’t enough, especially if he couldn’t be identified and called to testify.

But the nameless man didn’t stay nameless. The defendant was ultimately exonerated because of him, after an AI company with a facial recognition database of billions of faces granted his criminal defense lawyers access to that system. Through this, defense lawyers were able to identify that Good Samaritan – who confirmed he was there on scene, and that the defendant was indeed the one stuck in the passenger seat when he arrived. With his testimony, the prosecution dropped the case.

But use of this system to find him was only employed after years – hundreds of hours – trying to locate that man through fliers, social media, tattoo parlors inquiries, internet searches, etc. Local law enforcement reportedly ran a few cursory searches through the AI database early on as well, trying to find that witness, but didn’t have a paid account with the company, and thus didn’t pursue it further.

Still, not all criminal defense lawyers – or civil rights attorneys – are on board with the proliferation of this new technology.

How AI May Be Problematic for Both Criminal Defense and Civil Rights

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It’s no secret that immigration enforcement has increased in recent years under President Donald Trump’s administration, the stated purpose being to target undocumented residents who commit crimes. However, The Tampa Bay Times reports that federal data shows detention of immigrants with no criminal conviction has soared. This is especially true here in Florida, where arrests of undocumented persons with no criminal records were seven times more likely to be arrested now than they were four years ago – twice the national average. Fort Lauderdale criminal defense lawyer

As our Fort Lauderdale criminal defense lawyers understand it, traffic offenses in particular are the primary vehicle by which this crackdown is being facilitated. Immigration attorneys report clients frequently being pulled over on their way to work for minor traffic infractions. Some agencies are accused of relying on racial profiling to net the highest number of undocumented immigrants, with heavy (some say excessive) enforcement of traffic laws being carried out in Hispanic neighborhoods.

It is true that anyone – regardless of criminal background – can be arrested, detained and deported. However, the priority has historically been to target undocumented individuals who pose the greatest threat to public safety, border security and national security.

That doesn’t appear to be what’s happening. Continue reading

Citing a sizable increase in motorcycle registrations across the country in recent years, ridership increasingly including women and older Americans, the U.S. Senate passed a bipartisan resolution condemning motorcycle profiling by law enforcement. Fort Lauderdale criminal defense attorneys know many arrests in South Florida begin with traffic stops, and it’s important to confront outdated stereotypes of motorcyclists as scofflaws and gang members. Fort Lauderdale motorcycle profiling

Nothing about Senate Res. 154 creates any hard-and-fast laws pertaining to motorcycle riders or motorcycle profiling. However, what it does is urge law enforcement agencies to reconsider their policies with regard to traffic stops involving motorcyclists and adopt training and directives to put a stop to discriminatory practices by patrol officers. Basically, the resolution indicates that people traveling on motorcycles should be treated the same as any other motorist moving through traffic. As reported by The Drive, a recent survey of motorcyclists said that at some point in the last two decades, they felt they had been targeted and profiled by law enforcement at least once for riding a motorcycle.

The VP of Government Relations for the American Motorcyclist Association lauded the resolution as bringing us one step closer to halting the practice of motorcycle profiling. Lawmakers noted that passing a law banning motorcycle profiling would likely be difficult, though they did in 2015 pass a measure that prohibited any federal dollars for the purpose of motorcycle-only checkpoints.

If you regularly tune into the evening news or pick up a daily paper, you could be forgiven for thinking the most common offenses encountered by Broward law enforcement are things like shootouts, sexual assaults and gang crimes. Reality check: One of the most common (if not THE most common) is an offense known as “Driving With a Suspended License.” In Florida, if you are caught driving with a license that is suspended or revoked, it could be considered a serious criminal charge, accompanied by long-term negative consequences for one’s driving privileges and criminal record. But what you also may not know is that prosecutors bear the burden of proof in these cases, and if they cannot prove you knew or should have known your license was suspended, it becomes a relatively minor traffic offense.driving while license suspended

The statute to which we refer – F.S. 322.34 – details the penalty for driving with a suspended license, which requires knowledge of the suspension, revocation or cancellation. It can result in a jail sentence of up to two months, plus a $500 fine. A second offense is considered a first-degree misdemeanor, which carries a maximum penalty of 1 year in jail. A third or subsequent offense is considered a third-degree felony, punishable by up to five years in prison (yes – state prison), and a fine of up to $5,000. If that third offense is committed within a five-year period of the other two, you will be considered a habitual traffic offender, which further results in a driver’s license revocation that lasts 5 years. You might be eligible to obtain a hardship license – but only after one full year elapses from your most recent conviction.

If you’re on probation, you could be in serious trouble for driving with a suspended license. Consider the case of Stringfield v. State, weighed by Florida’s 5th District Court of Appeal in August. Defendant was sentenced to 15 years in prison after the court revoked his probation upon finding he broke the law when he drove his motor vehicle while his license was suspended. This may seem like a stunning miscarriage of justice, but it was perfectly legal – except that defendant successfully appealed on the issue of “knowledge.”  Continue reading

Many times a person is pulled over on what the police call a routine traffic stop and end up finding weapons, drugs, or other contraband.  However, if the police did not have probable cause to search the vehicle, or another valid reason to search the vehicle, experienced Miami criminal defense attorneys can move to have all of the evidence excluded from trial after filing a motion to suppress evidence.

DUI Defense AttorneyThe Fourth Amendment to the U.S. Constitution gives people the protection from having their persons, homes, papers, vehicles, and other possessions searched without a warrant, probable cause, a reasonable suspicion (in some cases), or another legally-valid reason to conduct the search.  If an officer witnesses a traffic infraction, which may constitute the suspected violation of a traffic ordinance, the officer has a right to stop the vehicle. At this point, the officer has a right to run the suspect’s license plate to find out if the car is reported stolen, and to see who the owner of the vehicle is.  The officer can also request proof of insurance, registration, and the driver’s license of the operator of the motor vehicle. Continue reading

People in the U.S. have a number of Constitutional rights that ensure (among other things) due process as they go about their lives. One of those, as outlined in the Fourth Amendment to the U.S. Constitution, is the freedom from unreasonable search and seizure. It has long been established that warrants are generally required to initiate a non-consensual search of one’s person or property. However, there is an automobile exception that allows warrantless searches if the vehicle is traveling on a public road and the law enforcement officer has reasonable suspicion of a crime. criminal defense attorney Fort Lauderdale

Now, in what’s being hailed a win for privacy rights, the U.S. Supreme Court has just handed down an 8-1 decision holding police are not allowed to search the area around a private home absent a warrant – even if they believe they’ve seen stolen property on site. A motorcycle in a driveway was was started this particular case.

Officers at a county police agency in Virginia say they attempted to initiate a traffic stop of a motorcycle rider on two different occasions, but both times, the driver evaded. Police were able to learn from those encounters that the motorcycle in question was stolen. A suspect was identified, based on Facebook photos the suspect had posted of the motorcycle in question, which was parked at suspect’s girlfriend’s home. An officer went to that location, where a motorcycle was spotted – covered by a tarp – in the driveway. The officer – who did not have a warrant and was not invited onto the property – removed the tarp. Based on the information he gathered, he identified the bike as stolen and arrested the suspect – who claimed he purchased the motorcycle without a title. He was charged with receiving stolen property. Continue reading

A South-Florida-based tech company founded by a non-attorney promises to allow drivers to effectively fight their traffic tickets from their smartphones. Playing what is essentially a game of averages, the startup app launched a service that offers drivers resolution to their traffic ticket for a fee that is 15 to 20 percent less than the ticket fee. The app then contacts someone in a network of independent lawyers, who then fight the traffic ticket. If the attorney loses, the app will refund the driver’s money. If they win, then they pay more than they might have for beating the ticket, but walk away with a clean driving record. criminal defense lawyer

This has not gone over well at all with the Florida Bar or several criminal defense law firms. The biggest problem with this app is that it is not a law firm. It is not operated by attorneys. Florida statutes are very stringent when it comes to restricting who may offer legal advice to people seeking counsel. The Florida Bar has received complaints claiming the tech start-up is effectively practicing law without a license. The attorneys who have been working with the app have reportedly had grievances filed against them, with requests to have them disbarred.

The tech company, operational in 28 Florida locations and 15 California locations, has reportedly helped to resolve millions of traffic tickets. It is suing both private criminal defense firms as well as The Florida Bar, which it alleges have helped anti-competition by dragging out its investigation for nearly a year. But private defense attorneys say the company is engaged in the unlicensed practice of law, which is not only against the ethics laid out by the Florida Bar, it’s also against the law. The Florida Bar voted last month to pursue litigation against the tech firm for violating its rules. As for criminal charges, none are pending at the moment, but, Florida Statute 454.23 stipulates the unlicensed or unauthorized practice of law in Florida by anyone who holds himself or herself out to be qualified to practice law or who pretends to be or willfully takes/ uses any name, title or description implying they are qualified, is a third-degree felony. A conviction carries up to five years in prison. Continue reading

A Palm Beach County man accused of DUI manslaughter and leaving the scene of a fatal bicycle accident received a sentence of 12 years behind bars, following his conviction on the latter charge this summer. He’d been acquitted of DUI manslaughter, the Palm Beach Post reported. DUI defense attorney

This case was in the headlines for a number of reasons, most obviously because it involved the death of a 65-year-old bicyclist. However, there was more to it. Initially, the defendant’s girlfriend, who had been in the passenger seat, agreed to tell officers at the scene that she had been the one driving. The pair reportedly made the decision due to the fact her boyfriend had a prior conviction for driving with a suspended license, and they knew whatever sentence was to be received was harsh. She spent more than a year on house arrest before providing prosecutors with evidence – both emails and text messages shared between the pair – that indicated his alleged guilt.

The DUI manslaughter charge was a difficult one to prove from the outset because responding officers never tested defendant’s blood-alcohol concentration at the scene of the crash, given that they did not believe him to be the driver. However, a change in Florida law pursuant to hit-and-run crashes means drivers who flee the scene of a deadly crash, per F.S. 316.027, face the same minimum mandatory sentence – four years – as someone convicted of DUI manslaughter, per F.S. 316.193. The change in law was meant to serve as an incentive to possibly impaired drivers to remain at the scene of serious crashes and render aid, as required by law.  Continue reading

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