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Michael Adam Haber
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Michael Haber’s Answers

6,814 total


  • What is the Florida law regarding whether I should have to completely clear the intersection when the light is turning red?

    If a driver is approaching a traffic signal, and it turns yellow, and starts crossing the intersection (front two tires are passed the white line) while the traffic signal is yellow, and then the light turns RED while the car is still in the inter...

    Michael’s Answer

    • Selected as best answer

    The statute is 316.075 (a link follows):

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.075.html

    In Florida it is not illegal to deliberately drive through a yellow light. A yellow light means only that traffic facing the light is “warned” that a red light will soon follow. As long as your vehicle entered the intersection or passed the crosswalk or limit line before the light turned red, you haven’t broken the law.

    That said I strongly urge you to HIRE A LAWYER (caps intentional).

    My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").

    That said, in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the ______ area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.

    That said, I hope that I have been helpful in answering your question.

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  • What record can I request from a police who pulled me over speeding? Can I ask to see the speed on his gun or a print out?

    In Fort Lauderdale, I was traveling 54 MPH (set by cruise control) in a 45 MPH zone. I was expecting to be issued a ticket for going 9 MPH over, which I would have understood as a lesson. However, surprisingly, the police officer said he clocked...

    Michael’s Answer

    The only right that you have on the roadside is to receive a citation. You are then free to challenge it in court.

    You now enjoy the same 3 options that anyone cited in Florida for a non-mandatory court appearance traffic citation enjoys: A) Pay it (in which case you will get points assessed on your driver license); B) Elect driving school (in which case points will NOT be assessed, but you can only do this 5 times in your life and cannot do it 2 times within any 12 month period); or C) Set it for Court and challenge it. In all 3 events you face fines and court costs on top of what I have outlined, and, regardless of which you choose, in all 3 cases you must make an election within 30 days of issuance of the citation.

    That said, I strongly urge you to HIRE A LAWYER (caps intentional). My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").

    In my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the 954 area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.

    I hope that I have been helpful in answering your question.

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  • Curious to if my situation makes me liable for any penalty in the case of a failed alcohol/drug screen.

    I recieved a DUI 5 years ago in Texas, and I have Florida license. I went through the entire process in Texas (plead guilty), paid the fines, did a day in jail, and moved back to Florida. A year later I renewed my license. I completed the i...

    Michael’s Answer

    If you get caught driving on a cancelled license in Fl then you will face criminal prosecution and 364 days in jail.

    As for alcohol testing, that is between you and the program / DMV.

    My advise is simple: Don't drink booze and definitely don't drive until you are properly licensed.

    You have no right to drive in FL (or anywhere); rather, driving is a privilege, and FL treats out of state DUI's "as if" they occurred in FL (i.e. FL-DMV will require that you complete all out-of-state requirements to the standards that FL has established for in-State DUI cases).

    If you do not do what FL-DMV says, when it says it, how it says it, to the "T" and without explanation or excuse then you will not be licensed in FL. It is truly that simple.

    Dealing with DMV can be likened to being in a rip current. Go with it and your survival chances increase exponentially; fight it and prepare to die / drown.

    That said, your best bet is to call the good folks at DMV in Tallahassee (850-617-2000). If you follow the rule of the 3 "p"'s (be patient, pleasant and polite) you will be surprised at just how knowledgeable and helpful they can be.

    If you choose to listen to me (and heed my advise) then I know that I will have been helpful to you.

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  • Dismissed felony before being approved for green card, any risk during re-entry?

    In 2009 I was arrested for discharging a fire extinguisher, a 3rd degree felony in Florida. The case was dismissed. The final disposition states: No information, dismissing of all charges, restitution made. Fast forward to 2014 and I married, ap...

    Michael’s Answer

    This is not a criminal defense question; It is an immigration question.

    If you want to increase your odds at getting a competent answer then you should repost this question and list "immigration" and not "criminal defense" as a practice area. In fact, I will do this for you....

    I hope that I have been helpful in answering your question.

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  • Arrested and at trial a detective starting giving expert opinions, can I appeal?

    the detective gave a download analysis from a memory card and was telling the jury all about computer code and this and that to show the it wasnt altered, the public defender objected saying he wasnt an expert, the cop didnt even have a college de...

    Michael’s Answer

    The Judge makes the call at trial regarding admissibility. Once done it's done, but in the event of an adverse judgment (a guilty verdict) then you are free to file an appeal. If your grounds are legally sufficient then your appeal will be heard; if not then it will not be heard.

    If it is heard then appellate Judges will review the trial judge's call. If they deem it lawful then it will be sustained; if they believe that the trail Judge got it wrong, and if it rises to the level to have been fundamental error or to have materially effected the outcome of the case the they will reverse.

    Wishing you good luck and hoping that I've been helpful.

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  • What happens if I am charged with over a dozen different crimes at once, but only three of them, they have actual evidence of?

    can i get the other charges dismissed, while fighting the three that they actually have some proof of? they are basically stacking charges against me to take a crappy plea deal. Most of the charges, even on there facts there is no evidence. i kno...

    Michael’s Answer

    Can you get charges dismissed? Sure. Will you? Who knows.

    There is no magic formula to get charges dismissed (and usually this not an easy chore, instead it is almost always one which requires skill and effort) . Hiring a criminal defense lawyer is the best, easiest and surest way to accomplish your objective (but even then there are no guarantees)..

    Don't take this the wrong way but, after investing a fortune in time, money and effort in becoming an attorney and having spent almost a quarter of a century honing my skills. I am not in the habit of telling people how to defend their case; nor would I recommend that they do so on their own anyhow (there are solid reasons for Abe Lincoln's age old quote that "he who represents himself has a fool for a client"). Unfortunately "Criminal Defense 101" is not on my AVVO answer list.

    My advise stands firm: Hire an Altamonte Springs criminal defense lawyer.

    I hope that I have been helpful in answering your question.

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  • Can I possibly take my case to court and get this charge dropped?

    I was brought back from the early parking lot of Wal-Mart back into the store into loss prevention office and all my things were searched. The loss prevention guy was extremely demanding, controlling, and verbally cussed at me asking about the sto...

    Michael’s Answer

    There is always a case.

    Now HIRE A LAWYER (caps intentional).

    Hiring a criminal defense lawyer is the best, easiest and surest way to try to beat your case.

    You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where your statements are privileged and cannot be used against you.

    If you choose to go about this on your own then I wish you good luck on a bad decision. My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client.").

    I hope that I have been helpful in answering your question.

    See question 
  • Arrested and charged, now the only piece of evidence exonerating me is a 911 call....which is missing?

    there were 3 of them, 2 of them hurt me, one helps me, the state attorney did not collect it during the 6 months that it was available, now it was deelted, however the state attoreny collected the other 2 that hurt me, can i get an instruction tha...

    Michael’s Answer

    The "spoliation of evidence" is the intentional, reckless, or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding.

    Please talk to YOUR lawyer about this. You have no business discussing your case with anyone else.

    I hope that I have been helpful in answering your question.

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  • I am on a interstate compact from Montana to Florida i just got bailed out of jail will Mt want me back for my PV

    i got out of jail and went to my PO office and told him but he was not there so i talk to another Po but will i get revoked and will Montana want to bring me back for the violation with it only being a mistoirmeaner

    Michael’s Answer

    Maybe.

    If you do that is a MO and not a FL question.

    FL offer courtesy supervision but any substantive or procedural matters relative to your probation (i.e. revocation, modification, termination, etc) have to be accomplished and authorized by the sentencing state (i.e. MO).

    No one can tell you what any other person (i.e. your PO or a DA in MO) will or will not do (i.e. whther or not they will seek to violate much less extradite you). What I can tell you is that FL will deal with you on your new substantive offense first, and beating that case will provide you your best insurance against MO violation and extradition. Accordingly I suggest that you hire a skilled and experience Naples area criminal defense lawyer asap and get about the business of winning your new case.

    Beyond that I suggest that you re-post your question and list "_______________, MO" instead of "Naples, FL" as your location. That way MO lawyers will see your question and hopefully be able to give you some idea - based upon a) your underlying charge, b) your new offense and c) their knowledge of your MO prosecuting authority's tendencies.

    In the interim I hope that I have been helpful in answering your question.

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  • Florida waiting for a date to surrender to Federal Prison Judge ordered home detention with ankle monitor is credit given 4 time

    Husband was in jail then DA took it Federal at that time the Judge ordered home detention until surrender, he was not given an option. Can this time, almost a year get credited. Also reading on the web it states the Feds normally are not aware of...

    Michael’s Answer

    No. He will not get credit for either.

    In federal court he only gets credit for time that he actually spent in federal custody. House arrest does not count. Had he stayed at the FDC instead of at home then he would have gotten credit against his sentence. (This is what the BOP would call "not being able to both have and eat your cake".)

    I hope that I have been helpful in answering your question.

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