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David Ashley Haenel
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David Haenel’s Answers

67 total


  • How should I proceed with this?

    I got a speeding ticket on 8-25, apparently it was a duplicate citation number, and there was no record of mine at all. Ive been on the phone about it since 9-6, and JUST NOW, they are getting with the original issuing officer to get him to reissu...

    David’s Answer

    I would never have called the clerk and notified them of the error. There is a six month statute of limitations on any civil infraction in Florida. I would suggest you not give them any information off the face of your ticket as you would be helping them prosecute you. The better strategy is to constantly monitor their website and see if anything appears. After 180 days then give them a copy of the citation along with a motion to dismiss. An experienced traffic lawyer can assist you with all of this.

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  • Are there any attorneys in the Orlando area willing to take monthly payments to have a criminal record expunged?

    I am currently unemployed because evryone does a background check. I am currently in the process of setting up monthly payments for the court costs on this case.

    David’s Answer

    Lots of firms will take payments for this type of work. Many firms will require a down payment then ask that you pay them monthly or every week.

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  • Improper lane change

    How much points will be issued to driver for "Improper Lane change" here in FL

    David’s Answer

    If it involved a crash 4. If not a crash 3.

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  • On a first offense hit and run felony,dwl misdemeanor,dui misdemeanor could i possibly get probation and fines or community hour

    dui

    David’s Answer

    It is always possible that you could get probation but on the charges you listed above the big thing for the state attorney is the extent of the injuries to the "victim". If the victim is seriously injured you may have a tough time getting the state to offer a non-jail offer. In addition, any good lawyer who does a lot of DUI cases would want to know if the person has any prior convictions for DUI and why was the license suspended. There are always issues to explore in any case and making sure the state attorney can prove all of the elements of all the crimes is critical.

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  • Is 10 day temp driving permit due to dui restricted? I was told under fl statute 322.2615 it wasn't, but don't see that verbiage

    Under Florida statute 322.2615 the 10 day temporary driving permit issued by the police officer for a DUI is not a restricted license, but would serve as full driving privileges. I don't see any verbiage in that statute regarding the 10 day permit...

    David’s Answer

    As long as your license was valid at the time of the arrest and you do NOT have a commercial license, the DUI citation you received from the arresting officer serves as a full license for 10 days from the date of the arrest. Within that 10 day time period you(or your attorney) will need to apply for a formal review hearing and request a business purposes only permit that will typically last about 42 days. If you should have additional questions you should consult an experienced DUI lawyer.

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  • I recieved ticket in mail for DUI 3 months after accident blood was taken at hospital I did not know.

    Motorcycle accident very bad blood was taken with out my permission what is the next step that is my blood in florida I thought they must get a subpoena for medical records and notify me of that. if so i was not, next thing I know A TICKET in the...

    David’s Answer

    Well it may be that the troopers believed that a breath test was impractical so they drew your blood. Please check your driver's license status and immediately check if it is valid. With regards to the DUI, you are facing a court date and a possible consequence that could effect your life for the next 75 years. I would suggest consulting with an experienced Florida DUI lawyer. In addition, I would recommend you immediately get your medical records from the hospital that treated you the night of the accident.

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  • Cheapest attorney fees?

    I need a traffic lawyer to go to court one time for me. I don't want to fight the ticket I just want to get it over with so I can pay my fine. What would this cost me? Not some over the top price of $2000 and up. Are there any attorneys out there ...

    David’s Answer

    It depends on what type of ticket it is. A criminal violation will cost more than a civil infraction.

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  • HOW TO FIND OUT WHAT THE GUIDELINES FOR DETERMINING PROBABLE CAUSE FOR ARREST IN AN ASSAULT AND BATTERY INCIDENT ARE

    IS THERE A LIST OF PROCEDURES /CODE OF CONDUCT/ORDER OF OPERATIONS TYPE MANUAL THAT WOULD GOVERN THE ACTIONS OF THE ORANGE COUNTY SHERIFFS DEPT. IN A BATTERY CASE?

    David’s Answer

    I am sure there is a general order dealing with arrests, I am not so sure it breaks it down by every crime. You can send a public records request to the Orange County Sheriffs Office to see if they have one. They will let you know if one exists then tell you what the fee would be to have them copy it for you.

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  • My 18 years old son, with no record, was arrested for hit and run with injury. What could be his punishment

    He does not have a criminal record. The officer said it's a 3rd degree felony. what could be his punishment

    David’s Answer

    It depends on the nature of the injuries to the victim. There is not a blanket answer to that question. If the injuries are very serious then the penalty could be very severe. Consult a lawyer in your area.

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  • If I have a trial set for my DUI case this Friday with Public Defenders, is it too late for me to seek alternate representation?

    I am not satisfied with the effort put forward by them and I feel I have a strong case.

    David’s Answer

    The short answer is maybe. It depends how old the case is, whether the state attorney agrees to a continuance and ultimately whether the Judge agrees. I suggest you contact a local attorney immediately who can make a call to the state attorney and schedule a motion in front of the Judge before Friday.

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