Fort lauderdale driving Hummer H2
Fort lauderdale driving Hummer H2
http://www.youtube.com/watch?v=72NauWsVNUM&hl=en
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Showing posts with label Driving. Show all posts
Showing posts with label Driving. Show all posts
Driving While License Suspended - Can the State Prove Knowledge?
As a criminal defense attorney in Fort Lauderdale, I am aware of many drivers arrested for the criminal offense of Driving While License Suspended With Knowledge that claim that they were unaware that their license was suspended. The relevant question is, "How can the State prove that the driver had actual knowledge that their license was suspended?"
In Florida, the criminal offense of Driving While License Suspended With Knowledge, Fla. Stat. 322.34 reads in pertinent part: "(2) Any person who driving privilege has been cancelled, suspended, or revoked who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle while such privilege is cancelled, suspended or revoked... The element of knowledge is satisfied if the person has been previously cited for Driving While License Suspended, the driver admits to knowledge of the cancellation, suspension, or revocation, or the driver received notice of the cancellation, suspension, or revocation. There shall be a rebuttable presumption that the knowledge element is satisfied if a judgment or order appears in the department's records for any case (i.e. driving on a DUI suspension) except for one involving the suspension by the department for failure to pay a traffic fine or for a financial responsibility violation." In Florida, if an individual accumulates three (3) Driving While License Suspended charges within five (5) years, the Department of Motor Vehicles (DMV) will suspend their driver's license for a period of five (5) years.
The knowledge issue arises when DMV suspends a driver's license for failure to pay an outstanding traffic ticket (i.e. speeding ticket) or financial responsibility violation (i.e. lapse of insurance). For example, when law enforcement stops a driver for a routine traffic violation they are advised through their database that the driver is driving on a suspended license. Although law enforcement has the option of citing the driver for Driving While License Suspended Without Knowledge, a non-criminal citation; law enforcement oftentimes arrests the driver for Driving While License Suspended With knowledge, a criminal offense.
As justification for their arrest, law enforcement inevitably cites to Florida Statute 322.251(1), which states, in part, "All orders of cancellation, suspension or revocation shall be either given by personal delivery or by deposit in the United States mail addressed to the licensee at his or her last known address furnished to the department. Such mailing by the department constitutes notification, and the failure by the person to receive the mailed order will not affect or stay the effective date of the cancellation, suspension or revocation." Seemingly, Florida Statute 322.251(1) imputes knowledge of the suspension to the driver regardless of whether the driver actually received the suspension notification. In my experience, such orders are never given by personal delivery when it concerns a failure to pay an outstanding traffic ticket; the orders are sent via United States mail.
Due to the increasing amounts of "junk mail" routinely discarded, it is no surprise that many drivers claim they did not receive the suspension letter from DMV. This is assuming that the suspension letter was actually delivered or that DMV has the driver's correct address on file. In the event that the driver does not receive a suspension letter from DMV, it seems inherently unjust for the driver to be criminally liable for driving a vehicle with a suspended license and/or potentially face a five year driver's license suspension. Additionally, Florida Statutes 322.34 and 322.251 seem to be in direct conflict as it relates to how the State is able to prove that a driver had "knowledge" of their suspension when the suspension is as a result of a failure to pay a traffic fine or financial responsibility violation.
Assuming the driver does not make any statements to law enforcement indicating knowledge that that their license was suspended and that the pending suspension is as a result of a failure to pay a traffic fine or financial responsibility violation, an experienced criminal defense attorney may be able file a Motion to Dismiss to reduce the charge from the criminal offense of Driving While License Suspended With Knowledge to the non-criminal citation of Driving While License Suspended Without Knowledge. Case Law supports the proposition that the State cannot prove that the driver had actual knowledge of the suspension for a failure to pay a traffic fine or financial responsibility violation without an admission of the same
In Brown v. State,764 So.2d 741 (Fla. 4th DCA, 2000) the Fourth District Court of Appeals overturned the defendant's conviction for driving while license suspended as the State presented insufficient evidence of "knowledge" of the crime. Specifically, where the defendant's license was suspended for failure to pay traffic fines, the presumption of knowledge of suspension created by an entry in the Department of Motor Vehicles (DMV) records did not apply, and thus the State, who relied on such presumption to provide knowledge of the suspension, presented insufficient evidence to support a conviction. The State failed to present any evidence that the defendant actually received notice of the suspension, even though the DMV records indicate that notice of the suspension was mailed to Brown's address. The Fourth District Court held that although there is evidence that the notice of suspension was mailed to Brown, as required by statute, the mailing of the suspension is not proof that Brown actually received notice of the suspension. As such, the Court could not sustain a finding of actual knowledge. As mentioned previously, there shall be a rebuttable presumption that the knowledge element is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving the suspension by the department for failure to pay a traffic fine or for a financial responsibility violation. As the defendant did not make statement(s) to law enforcement indicating awareness that his license was suspended, the State will be unable to prove that the defendant received knowledge of the suspension.
In a similar case, State v. O'Neal, 12 Fla. L. Weekly Supp. 868b (Fla. 9th Judicial Circuit, 2005), the 9th Judicial Circuit in and for Osceola County ruled in line with Brown. The O'Neal Court affirmed the lower court's ruling granting a Motion to Dismiss where the only evidence of defendant's knowledge of suspension proffered was submitted via a driving record notation. As in our case, the defendant made no admissions that he had knowledge of the suspension. The basis for the suspension was a failure to pay a traffic citation. The Circuit Court held that the State's argument that the knowledge element is satisfied upon the admission into evidence of the defendant's driving record that indicates [defendant] was sent notice of the suspension was flawed.
Accordingly, in the event you are arrested for Driving While License Suspended With Knowledge in Florida, it is important to immediately contact an experienced criminal defense attorney to evaluate the specific facts of your case and determine if a Motion to Dismiss is warranted.
The author Philip M. Snyder is a founding partner of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida. Fort Lauderdale criminal defense lawyer Philip M. Snyder handles all criminal defense matters including drug trafficking, economic crime, domestic violence, and driving while under the influence. The Fort Lauderdale law firm of Lyons, Snyder & Collin, P.A. is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316. Telephone: 954.462.8035.
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The quickest way to Florida Driving
Have you ever wondered what is driving the fastest route to Florida? Well, if you live in the northeastern United States or in the Canadian province of Ontario, read on! After many years of research on the main north-south routes (and drive my wife crazy with the statement), the travel time between different locations, we have determined that the following is the fastest route to Florida sunshine.
1 / If you cross the Canadian-American border to live, or in northern Ohioor New York, Interstate # 90 offers the best connection to Interstate # 79, the first north-south highway on the quickest route to Florida. (Note that I-90 in most of New York State a toll route )
2 / Take I-90 connect to Erie, Pennsylvania with I-79 connected.
3 / Follow I-79 south through the rolling hills of northern Pennsylvania. One caution, keep watch for deer, I have never seen so many deer (dead or alive) along a route anywhere else in North --America.
4 / There are not many commercial service areas between Erie and Pittsburgh, but there are some clean resting areas (approximately every twenty minutes).
5 / WASHINGTON, Pa., south of Pittsburgh, has some good accommodation, restaurants and shops.
6 / I-70 connects with I-79 in Washington, so if you are off I-70 corridor, you can easily live with the fastest way to Florida in touch.
7 / further south, it is not until youEnter the state of West Virginia. If you have a college football fan, can see the University of West Virginia football stadium in the distance, east and through Morgantown.
8 / How do you end Charleston, I-79 and a connection with the I-77 concept. (Man, I-77 could be all the way from I-90, just outside of Cleveland, Ohio, but we like the scenery of the I-79 and it is a quick way.)
9 / your path takes you directly through Charleston, and although we never spent much timein the region, offers the blend of southern architecture and modern structures for the interesting landscape.
10 / Leaving Charleston, the mountains and valleys seem to engulf you as you make your way to your destination, Englewood Florida.
11 / About an hour after leaving Charleston, Beckley can be reached. This town is known (for its coal mining when time is available to check-out "of the known coal mining museum.) At each of the exits in Beckley you can find accommodation, foodand fuel are available.
12 / If you enjoy mountainous landscapes, the next few hours, you delight! I-77 twists and turns through the mountains of West Virginia, then as you through a tunnel across the panorama of the mountains of Virginia to go literally exploded through the windshield as you exit the tunnel.
13 / After passing through Wytheville with its many venues for food, fuel and accommodation, you will soon be in North Carolina.
14 / The StateNorth Carolina is an equally dramatic entrance. As you exit the announcement of the Fancy Gap Pass the highway begins a decent down from the mountains. The view is spectacular, but the numerous run-away truck ramps serve as an ominous warning that the steepness of the hill trucks can cause trouble to a halt.
15 / looks at the foot of the hill, a beautiful picnic area a great picnic location, or simply a place to get it with a stroll among the manicured gardens.
16 / I-77continue through Charlotte, North Carolina and Columbia, South Carolina. One of our finest moments occur when we in the South Carolina Welcome Center. At the entrance, we see our first palm tree, evidence that Florida and Englewood are not far away.
17 / Only a few meters from the Columbia, we connect with I-95 and continue south, past the Savannah and Brunswick, until we the Florida Welcome Center.
18 / A few minutes southJacksonville is one of my favorite stops along the World Golf Village. Besides the great golf atmosphere in the shops and restaurants in the village, there is the World Golf Hall of Fame. Believe me, it's worth the trip!
19 / Continuing down I-95, we arrive at Daytona (Do not try to through this area at the time of a race event trips, especially the Daytona 500, the traffic is crazy. But if you have a car racing fan then go for it!), where we connected with I-4.
20 / I-4 istry by Orlando (weekday) to avoid peak times. You might want to plan a few days at one of the major parks in the area.
21 / Just east of Tampa take I-75 towards the south.
22 / About an hour later, exit at River Road and in 10-15 minutes you will be in Englewood Florida.
LET YOUR WINTER VACATION BEGIN! Now you can really forget about the cold and snow and just enjoy Englewood Florida!
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