David Ashley Haenel's Answers

Can my license be suspended for a paid ticket older than two years?

I am very familiar with the situation with Orange County and their delay in reporting dispositions from 2010. Even though you paid the ticket, the Florida Department of Highway Safety and Motor Vehicles never received the end result from the Orange County Clerk's office. Your only hope in trying to alleviate the point suspension is to go back and reopen one of the citations. There may be some other ways to avoid the suspension in dealing with the DHSMV directly in Tallahassee. They may...

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Was arrested for a DUI, but blew .000 and urine test is pending, now what?

In Florida you get arrested if the officer thinks you are impaired. The breath test(or urine) either confirms or denies the officers suspicion. In your case the urine may come back positive for something, however they still have to prove that your normal faculties were impaired. They will attempt to do that through your driving pattern and field sobriety tests. In this window period of possibly several months your case will probably be just sitting in limbo. Of course, if you have a...

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My kid got a ticket for going through a school zone 25 over the speed limit.

As you pointed out your daughter can't use an election for the basic driver improvement school since she has used her election within the last twelve months. However, we can take the ticket to a Judge and see if the Judge will court order her to attend either the eight or twelve hour school assuming she has a somewhat decent record. I would also be interested to know what type of ticket she had within the last twelve months. If it wasn't for speeding then the Judge may be more willing to...

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What happens if I'm issued a summons for marijuana possession?

You will have to appear in court to deal with the case. Make sure you continue to check the clerk of court website under your name to make sure you have the right court date. Failure to appear in court will result in a warrant for your arrest. You may qualify for pre-trial diversion which is a program that if you successfully complete will result in a dismissal of your charge. Understand that if the state is seeking a conviction or an adjudication of guilt against you, you will lose your...

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19 year old daughter pulled over for speeding - admits to haveing 1g of marajuana and a pipe in the car

It would be highly unlikely that she would be charged with DUI as she would have had to be arrested for DUI at the time of the incident. There was not a breath or urine test, so to go back after the fact and charge her with DUI is not going to happen in my opinion. Because she was cooperative and did not have a criminal record the officer gave her a criminal notice to appear. As a first time offender she may qualify for a diversion program that if successfully completed would result in a...

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Dui florida

I would suggest you retain an attorney that is very skilled in DUI law. If you get convicted of a second offense DUI you are looking at hefty fines, the possiblity of a 6 month to 1 year driver's license revocation, possiblity of jail time and mandatory ignition interlock device in your vehicle. In addition, you will not be eligible for a business purposes only license if you get convicted, instead you will need to serve your revocation period in full. The other charges are misdemeanors as...

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Is there a statute of limitations for payment of speeding tickets?

Almost all counties in Florida use collection agencies to collect unpaid money owed on citations. It varies by county, but typically when a citation is not paid within 4-6 months then the clerk's office uses the services of a collection agency to try to get that money. I would first contact the clerk's office in the county where this ticket is pending to see if they have a copy of the citation in question. My guess is they do NOT have the citation and probably were not scanning and imaging...

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How do I see what the police officer wrote down at the time of traffic stop?

You are going to be charged by the state with attaching tag not assigned. That is often a difficult charge for a state attorney to prove since they did not witness you take the tag off of one vehicle and transfer it to the other. Often times in Florida an officer will make notes on the back of their ticket that will not appear on your copy. In addition, the clerk will receive a copy of the ticket that may contain information that yours does not. Depending on the particular officer, he may...

Does the dash cam of a police vehicle have to be on while the police officer is on duty in the car?

The answer is not necessarily. Every agency, including Pinellas, has a SOP or standard operating procedure on how to deal with situations. In most situations a police camera and lapel mike are activated once the officer puts their lights on. It would be rare for a police officer to keep their video running during the entire shift.

Dui reduced reckless, guilty, no priors, is it true that new 2011 changes may permit 1st time offenders to expunge record?

You got a great result on your criminal case, however if you were adjudicated guilty you would not be eligible to have the case sealed or expunged. Under current FDLE guidelines adjudication of guilt would have to have been withheld, meaning no conviction. Because you were adjudicated guilty you don't qualify for any relief from getting this removed from your record. You can check out the link below if you want to pay $24 to confirm this.