Monthly Archives: December 2015

A Few Reasons Why I Like My Job

juWay back when, when people started tooling around in those crazy “horseless carriages,” it quickly became apparent that some measure of control needed to be implemented for the betterment, not to mention the safety, of society. This led to the implementation of laws that were specifically designed to address driving and the hazards that it can present. Although this system was intended to be based upon the general idea that those accused are innocent until proven guilty, that is not always the case when it comes to traffic law.

Subsequent changes in the laws that govern driving have occurred since those early days and have regrettably led to frequent abuses of power among various law enforcement agencies. These abuses can run the gamut from an unwarranted traffic stop to being bullied by officers simply because they carry a gun and a badge. Even if a driver only commits a slight infraction of the law, often police officers will pull them over and look for other issues for which they can issue traffic citations or even elicit arrests. Sometimes this happens if there is just the perception of an infraction.

From the moment of contact by police officers, most drivers feel intimidated. This is not surprising when you consider the scenario. You are sitting in your car by the side of the road, and there is an authority figure with a gun looming over you. For many people, being in this subordinate situation subliminally harkens back to primal instinct, inducing a fear response because sitting while someone is standing over you makes one feel vulnerable under the best of circumstances. Then there is the aspect of other drivers slowing down and staring as they pass by. When this happens, let’s face it, it is just embarrassing. You know every other driver is thinking, “Better him than me.”

Then there is the standard question that ALL cops ask you – “Do you know why I stopped you?” Okay, anything you may say at this point could be problematic. As anyone who has watched cop shows on television knows, the things you say can and will be used against you. If you say, “I am really sorry, Officer. I didn’t realize how fast I was going,” bam! – you are unwittingly confessing to breaking the law. This is true if you respond to any infraction you think you may have made, not just speeding. Not only have you admitted guilt, but you may get cited for something other than why the officer pulled you over.

Because of the power they wield and the legal deck already being stacked against you, the worst thing you can do at this point in the traffic stop is to question the cop or become argumentative. Your best option is to be polite and be brief. Never offer up too much information. Doing so will not only result in him finding as many infractions as possible to write you up for, but it will also make you more memorable for him when the time comes to go to court. You can be assured that if you are obnoxious during the traffic stop, he will be taking notes regarding your comments that he will use when you have to face him in court.

Things will not likely be any more favorable for you when you have to face the judge or hearing officer. That is unless you have a good traffic ticket attorney there to defend you, of course. Judges and hearing officers often deal with people of ill-repute all day long. It is just the nature of the legal system. It is, therefore, critical that you ensure that you stand apart from the type of people who judges see over and over again. This is just one major reason why it is imperative that you don’t approach the situation with a chip on your shoulder. Those involved in the legal system deal with far too many people who lack the appropriate respect that is warranted when one appears in court.

You also want to dress appropriately for court. Just like a poor attitude, poor clothing choices can devastate a case if the way you present yourself gives the judge the perception that you are a person of negative character. You are not likely to be taken very seriously if you show up to court with exposed cleavage or your pants hanging down so low as to reveal your boxers.

Don’t forget that judges and cops do this all day, every day. Unfortunately, when you are in a position where you have to deal with criminals, liars, and manipulators on a daily basis, it is easy to become jaded. You can start to assume the worst in people before knowing all the facts of a case. This is another major reason why it is almost always in your best interest to hire a traffic ticket attorney. We work with most of the judges in South Florida, and consequently have established a strong working relationship with them. Doing our research, maintaining a professional demeanor in the courtroom, and being well-versed in traffic law affords us an edge in getting your traffic ticket dismissed or reduced.

 

Traffic Accident: What’s Next?

trThere is not much that you will encounter on the roadways that can be as frightening as having a traffic accident. No one ever expects it so that in itself is startling, but if the traffic accident is significant, one look at a totaled vehicle that you were riding in only moments before can be quite sobering. This is why you will often see such distress on the faces of those who have just experienced an accident. Even once the initial adrenaline created from the fear of injury subsides, the sensory overload that an accident victim experiences doesn’t end there. Next, he or she must work through the emotion brought on by the realization that the chaos has only just started. This is when a little direction as to what you should do next can be invaluable.

First things first – make sure that everyone in any of the vehicles that are involved are not injured. Obviously, if anyone has sustained injuries, call 9-1-1. Even if no one is injured, you will need to call law enforcement to the scene of the accident. You need to make sure they are called even in the slightest of accidents to ensure that your insurance covers your claim, and no one can accuse you of inappropriately leaving the scene.

Once they arrive, you can be assured that you will have to speak with one or more police officers, therefore, before the police even arrive, you should start weighing your words very carefully. When checking on the occupants of any other vehicles, you want to make sure that you don’t make any statements that can be construed as an admission to being responsible for the accident. That will be determined by the police officer when he arrives. As such, you also want to closely watch what you say to the police officer when he arrives because you don’t want him to use anything you may say to issue you a traffic citation.

Florida is a no-fault state. That means that any damage to either vehicle is covered by the individual driver’s insurance company. Even though this is the case, the officer can still write you a traffic ticket for whatever infraction he believes that you may have committed which led to the traffic accident. When speaking with the officer, less is more. Be brief and be concise to ensure that your description of the accident does not incriminate you. It is also a good idea to try not to be accusatory toward the other driver. Emotions run high when people are involved in a car crash and accusations can quickly escalate into a nasty situation.

Once everyone has been checked on and the police have been called, it is imperative that you move the vehicles that were involved to the side of the road. This is prevent any further accidents or injuries to yourself or others. Obviously, you don’t want to move too far away from where the accident occurred because you don’t want it to appear as though you are trying to “leave the scene.”

Be certain to always carry your insurance information with you and, if you are involved in a traffic accident, be prepared to exchange your personal and insurance information with the other driver. You also need to make sure that you get the name, phone number, address, and insurance information from the other driver, as well an incident report number from the responding officer.

You should then call your insurance company and provide them with the particulars of the traffic accident and the information that you have obtained from the other driver. The more information that you are able to provide to them, the quicker they will be able to resolve your claim. Failing to inform them in a reasonable amount of time may result in them refusing to cover the damages. One important point about insurance companies – the other party’s insurance company may call you and ask you for a statement as to what events occurred. They will be recording your statement with the hope that it will give them reason to not pay out on the claim. It is a really bad idea to agree to talk to the other person’s insurance company. That would be a great time to tell them that you are represented by a good traffic ticket attorney and then give them our number.

Traffic accidents are usually costly, even when the vehicles are covered by automobile insurance. First of all, you are faced with paying your insurance deductible which is usually $250 or $500, but it could be $1,000 or more depending on which insurance company insures the car and what type of coverage is selected by the driver when he or she is selecting his or her insurance. Naturally, these costs increase once you have a traffic accident because most insurance companies are quick to raise your insurance rates, usually by hundreds of dollars per year, if you make a claim for an auto accident.

In addition to the cost of rising insurance rates and having to shell out a hefty deductible, there are other financial hardships that can arise from having a traffic accident. If your car is damaged to the point that you can’t drive it and you don’t have rental car coverage, you could conceivably miss time from work. This may not be a big deal for someone who is salaried, but for hourly employees who have not accrued vacation time or comp time, this can seriously impact one’s paycheck, and when living paycheck-to-paycheck this can be devastating, especially to families.

The Florida Highway Patrol that responds to accidents basically just act as reporters of the event and, in all likelihood, will issue you a traffic citation, regardless of who is at fault. So, of course, there are then the costs associated with getting a traffic ticket itself. These costs can vary depending upon what the driver is cited for. For example, many traffic accidents result from failing to yield the right-of-way, following too closely, or as is often the case, speeding. Any combination of these actions can be construed as “aggressive driving,” and are considered moving violations and these infractions are punishable by fines and courts costs.

If you are one of those drivers who tends to take pride in the fact that you have never had an accident or haven’t had one in years, be careful. No matter how cautious you are behind the wheel, sometimes it only takes a momentary lapse in judgment or attention for all of that to change. Additionally, don’t forget that you don’t have control over the other drivers around you. Aggressive or careless driving tactics on the part of someone else can quickly make their problem your problem.

 

Let the Speeding Tickets Roll

gffSummer break – for children, it’s the time of year that seems to never come soon enough, and once here, fades all too quickly. For those residents who grew up in Florida, it is easy to recollect long, sweltering days and waiting with bated breath for the revitalizing hint of a tropical breeze. Afternoon thunderstorms would arise suddenly, cooling the days ever so slightly, and raising steam off of scorched pavement that only moments before toasted the bare feet of children playing freely in close-knit neighborhoods.

If you were lucky enough to have a friend with a swimming pool, they were a godsend. You made sure not to let any of the myriad spats that can so easily pepper childhood friendships flare up, lest you not be invited to go swimming. Yep, those were the kids with whom you wanted to nurture friendships. Hey, it may sound selfish, but Florida summers can be brutal, especially if your parents insisted that you “go play outside.”

Well, summers haven’t changed in Florida, but now kids are offered a plethora of video games, summer camps, and a growing tendency to keep kids involved in extracurricular activities. Consequently, there are probably fewer kids seeking respite beneath the leafy branches of a live oak or hanging around the neighbor’s house because they know the family often goes to the beach on weekends. Even though those summer days may seem long and lazy, they disappear far too quickly. Before you know it, your mom says it is time to go “school shopping” again. That can sure take the wind out of a kid’s sails like nothing else.

For some kids, going back to school is an exciting time; for others, it may be an excruciatingly long nine months until the next summer break. Children, however, are not the only ones effected by school being back in session. Parents usually have to make adjustments to their schedules, also. Taking the kids to school, dropping them off at daycare, or just seeing that they get to the bus stop on time are all considerations parents must make when allotting how much time they will need to get to work or otherwise carry on with their day.

Parents are not the only ones who need to keep in mind that school has begun again. Anyone who drives, takes a taxi, or uses public transportation needs to remember that travel time is usually going to be extended if you are traveling along a route that takes you through a school zone.

All drivers should be mindful of modifying their driving habits. School buses can be slow and lumbering which can lead to a lot of frustration if you are already running late. Many of us would just like to maneuver around them and be on our way. This is fine if you are in an area where you can do so safely, but often, that is not the case, and this is especially true the closer you get to a locale in which there is a school.

You may have gotten used to driving through a school zone where traffic is normal and special speed limits don’t apply when school is out of session. It is, therefore, really easy to forget that these areas are going to be substantially more congested than they have been for the last couple of months. Those same lumbering school buses are going to be trying to negotiate in and out of traffic to access the school to drop off students. Couple this with the cars and trucks of parents dropping off their kids, and you have traffic congestion which is definitely going to slow you’re your progress in the area.

In addition to the possibility of forgetting about the time it will take you to traverse areas around schools, it is also easy to forget that in many of these areas, the speed limit can drop rapidly from 45 mph or even 55 mph to only 20 mph. Once this happens, you can be assured that there will be a cop close by who will not hesitate to issue you a speeding ticket.

School zone speeding tickets are not just another speeding ticket. Because school zones represent a much greater risk to all drivers, speeding tickets that are issued in school zones can cost two or three times the amount of an average speeding ticket. This increased danger is not just due to school buses, but also because of the increased volume of traffic and the presence of children. Anyone who is familiar with the behavior of children is aware that they don’t always pay attention to the threat that traffic can pose to their safety. It is, therefore, imperative that drivers be much more cognizant of their presence.

Although these reduced speed limits are in place for the best of reasons, the way that law enforcement officers go about issuing speeding tickets in these speed zones can be really shady. As with other types of speed traps, cops often sit in school zones in an areas that are out of drivers’ field of vision so that often by the time a driver realizes they are in a school zone, the cop already is in motion to pull the speeding driver over. This frequently happens even when it is obvious the driver is attempting to slow down. It is not always easy or even feasible to slow safely when you enter a speed zone where there exists such a tremendous decrease in speed.

 

A Complete Guide On Understanding Driving Under The Influence Laws

lThe laws consider driving under the influence to be absolutely offensive. However, commoners do not understand its seriousness, severity and implications. It is just not enough to comprehend the laws well in order appeal this conviction but you also need to hire a good and experienced DUI attorney in order to succeed. If I is your first time being charged with DUI then it can be very difficult understand the law and even more tiresome finding a good attorney. Whatever your situation underestimating the severity of the law and misjudging the time required for a successful appeal can lead to damaging consequences.

A breath analysis test is conducted when you are suspected to be driving under influence. This process is called as the breathalyzer test. Since every citizen has his own rights, you can choose to not take the test however your refusal can be used as evidence against you in court. There is no law stating that the refusal to take the breathalyzer test indicates admission of guilt, however it does lead to suspicion and therefore taken against you.

The alcohol level in your blood is tested when you take a breath analysis test. The blood alcohol level is also called as BAC. When alcohol is consumed it enters the bloodstream rapidly because it is absorbed through the stomach. The alcohol found in your blood can be in the diluted form because the body fluid dilutes it before it enters into the bloodstream. Some of the alcohol is eliminated through the liver and some in the form of Urine, breath and sweat. Though, not a flawless remedy to analyze the alcohol content in the blood the breathalyzer is definitely an indicator that helps confirm if the alcohol content in the blood is high.

The test results can be used against you and serve as evidence, this is exactly why a good driving under the influence attorney can be of great help. An attorney who is smart and experienced would easily be able to prove that test results were inaccurate. This particular test has a lot of factors which can make it inadequate and only a good attorney would be able to easily point out the inadequacies.

It is a necessity to have an attorney if you wish to enter an appeal. Most states have punishable laws against driving under influence because this act jeopardizes your own life as well as others. This is why succeeding in an appeal against DUI can be challenging. This does not necessarily mean that you would have to be punished even if you were not driving under influence just because an officer thought so. If you know that you are innocent and that the breathalyzer test was incorrect or if you are innocent and therefore refuse to take the test then you have all the reason to hire a DUI lawyer to file your appeal. This can surely save you from all the embarrassment and help maintain a clean record.