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David Ashley Haenel
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David Haenel’s Answers

74 total


  • Is plea bargaining allowed in Florida for speeding tickets?

    I want to get my speeding ticket (16 over) reduced. I assume I initially need to plead not guilty to get a court hearing, and hope that the prosecutor approaches me with a plea bargain before the hearing?

    David’s Answer

    That's not exactly how it works. First, Florida does not have municipal or state prosecutors. Cops prosecute their own cases and they hold the cards to the charge. On a limited number of occasions over the past 15 years have I seen officers amend a citation in court to a lower speed. Usually any amending or modification of a ticket will occur roadside when an officer will give a 9 over ticket which has the lowest fine and number of possible points. With that being said, you can hope that the officer doesn't show or hire a traffic lawyer who may be able to convince the officer to amend the ticket to a lower speed.

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  • Does a federal warrant come through Email?

    I have received an email from a federal attorney Micheal Davis about a federal warrant.

    David’s Answer

    I've never heard of a warrant being e-mailed to someone. The usual process is that a US Marshall holds a warrant that was signed by a Federal Judge or Magistrate. That warrant is then executed upon someone. I.e. Through a physical arrest.
    After a quick search it seems like this might be a scam
    http://www.uscourts.gov/news/2014/06/02/warning-arrest-warrant-scam

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  • Can i attend online substance abuse for licenses

    i received a dui and have completed evaluation and dui school they also wanted me to attend a substance abuse classes my schedule is very hectic at times and i haven't been able to complete the 12 week classes and due to this my licenses were canc...

    David’s Answer

    Since the results of the psycho-social evaluation mandated counseling, that counseling must be done in-person. The State of Florida DHSMV will not accept any online classes for alcohol treatment. It would be in your best interest to contact the DUI school where you completed the class and see if they can give you a list of approved providers. Maybe it's possible that one of the other treatment providers will accommodate your work schedule.

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  • Should I just pay fine and get points or fight the citation?

    Hi, I recieved a traffic citation from Monroe county, FL for speeding at 58 MPH on a 35 MPH posted road. I am an out of state driver from Pennsylvania holding Pennsylvania driver's license.

    David’s Answer

    • Selected as best answer

    If you just pay the citation there is a very good chance that PA will find out about it and that could cause your insurance to go up. Consulting with a traffic attorney may be a better option because the Judge may offer a withhold of adjudication, meaning no conviction, and therefore nothing will transfer back to your PA license. In Florida cops prosecute their own cases and assuming you were cooperative at the side of the road and have a decent driving record there is a good chance of keeping this from transferring back to PA. Of course if the officer fails to appear in Court then you win the case outright.

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  • What do I do next???

    Im a 19 year old college student and I was caught shoplifting. I have no criminal record, and this is a first offense. The LP took me into their office, and when the police officers arrived, they read me my rights and had me sign a trespassing for...

    David’s Answer

    First, it sounds like you were given a criminal notice to appear as opposed to being arrested. If at all possible you should prevent yourself from having a criminal record if at all possible by finding a criminal lawyer who will work with your budgetary constants. Maybe your parents would be willing to assist you financially in hiring a lawyer. If you get the right result on the criminal charge you might be eligible to seal or expunge the case. Also, if you stole from a big box retailer you can expect a letter requesting civil restitution in the $200 range for the time it took to deal with your case. This is NOT part of the criminal case but can be sought pursuant to a Florida statute.

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  • I got an OWI (operating while intoxicated) in WI. I live in and have a FL license which was revoked for 6 mo. which ends in Dec

    I hired a WI lawyer but he has been uncommunicative since the trial. I have received nothing but the revocation notice. What all do I need to do to get my license back? It was my first offense and I had a clean record up until then.

    David’s Answer

    If this was a first offense DUI conviction you may be eligible for a hardship license assuming DUI school or the equivalent out of state course is complete. There may be other conditions you would need to satisfy, such as the ignition interlock device. I suggest you contact the local office that handles suspension issues such as yours. Their Jacksonville number is 904-777-2132.

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  • FLORIDA: I have a suspension of Drivers License in NJ and I can't renew my Drivers License in FL; NO moving violations ever.

    Didn't finish paying disputed fines in NJ. MUST BE A WAY TO RENEW MY Drivers License IN FL?

    David’s Answer

    It sounds like you have a hold out of New Jersey and are suspended in the national driver registry. Unfortunately, Florida will not renew your license with this hold. Even though you may have obtained a Florida license at one time, the computer systems are now in sync with each other and you won't be able to do anything in Florida until the hold from New Jersey is satisfied. The number to the DMV office in Trenton is 609-292-7500, I would suggest you give them a call to see what steps you need to take to re-instate your privileges there.

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  • What do I do if I'm a Florida resident who got a Super Speeder fee notification?

    I was driving from ATL, GA to Tampa Florida and I got a super speeder fee ticket. How will this impact me? What can I do?

    David’s Answer

    What county and state was the violation in??

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  • Can I get my license back now?

    I got my second DUI in 5 years in 2007. It was suspended for 5 years. It has been 6 years now can I get my regular license back without getting the breathalyzer in my car? I completed the DUI counseling program already.

    David’s Answer

    No you will be required to get the ignition interlock device installed. Even though you waited out your revocation the DHSMV will still require the device. Call them at 850-617-2000 for any additional questions.

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  • What are the penalties for a DUI in Tampa?

    I was arrested for DUI on friday night and I was just wondering what I am facing? And is it worth it for me to try and fight the charges?

    David’s Answer

    That is a tough question to answer. It depends on the facts, the reason for the stop and whether you took a breath test. There are also driver license issues that must be addressed within 10 days of the arrest.

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