Tresspassing In Florida, What to Do!

Trespass is a common misdemeanor offense, after Traffic Tickets for Criminal Infractions, although under limited circumstances it may be charged as a felony. One of the most common scenarios for a trespass arrest is when a patron is attempting to enter (or re-enter) an establishment, usually a nightclub, and a bouncer or off duty police officer takes exception. Most people who are arrested in this situation feel that they have done nothing wrong and that the bouncer or police officer treated them unfairly. It is not uncommon for a trespass charge to be accompanied by a disorderly or resisting without violence charge. Trespass can be basically defined as unlawfully coming on, or staying on the property of another when you are on notice that your presence is not wanted. As such, trespass is a fairly clear cut crime in Florida, but has really been abused in commercial applications. As a general rule, you cannot be guilty of “trespass” unless you have been properly warned that your presence is not permitted, or no longer permitted on the subject property. The warning may be verbal, and sometimes may be written. In a nutshell, if you enter the subject property having been “legally” pre-warned not to – you have committed the crime of trespass. Likewise, if you fail to leave property after being warned to do so by someone with greater authority than yourself you also commit the crime. Please call us if you are ever charged with Trespass. To learn more about tresspassing, traffic tickets or DUI or any other legal issue, please go to or call us at 954-557-5700 or click on our YOU TUBE Video


Cop Tries to Bury Friends Ticket

FHP Trooper Under Investigation For Trying To Get Rid Of Friend’s Speeding Ticket When you think about the Florida Highway Patrol and speeding tickets you usually think of a cop giving you a citation not trying to get rid of one. is reporting the story of one trooper who tried to get a speeding ticket taken away so a friend wouldn’t have to pay the fine. Trooper William Grissom is now under arrest. Grissom was charged with a felony for falsifying official documents when he completed a notice of dismissal for a speeding ticket fellow Trooper Matthew Rabun issued on August 14. Grissom changed the citation indicating the radar failed the end of shift test and then he signed Rabun’s name. Grissom realized how serious of a mistake he made and urged his friend to pay the fine. If you have been cited for a traffic violation anywhere in Florida and don’t have a friend on the force to take care of your ticket, please do not hesitate to contact experienced Traffic Ticket Lawyers, 954-967-9888. The Traffic Ticket Team has  a 99% success rate in keeping points off their client’s driver’s licenses.

Booster Seat Laws May Change

More Traffic Laws On The Way? Florida Considers Raising The Age For Booster Seats. The State of Florida has been changing traffic laws and fees a lot lately. There has been great debate as to whether the changes are for public safety or to raise money for the cash-strapped state. According to various news agencies, another state legislator is proposing a bill to change a traffic law in the name of safety. State Senator Thad Altman has proposed that booster seats be mandatory for children up to the age of seven. The current law requires a child in a car be restrained in a booster seat up to the age of four. He and booster seat saleswoman Barbara Hill are in support of the changes. The website carrying the story cites stats they say almost 200 children between the ages of 4-7 have been killed in Florida car crashes the past decade. They add almost 1,000 more have been injured. If you have been cited for a traffic violation anywhere in Florida and need qualified legal representation, please do not hesitate to contact experienced Traffic Attorney Jason Diamond at the Traffic Ticket Team 954-967-9888

DUI for a .02 Breath – Under 21 Administrative Suspension of Driver’s License In Florida, the legal drinking age is 21 years old. Like most states, Florida allows for the Department of Highway Safety & Motor Vehicles to administratively suspend the license of a person under 21 years old who is driving while impaired. This supension is typically referred to as a .02 violation. Florida statutes states, if a law enforcement officer has probably cause to believe that a motor vehicle is being driven by someone under 21 while under the influence of alcoholic beverages, the law enforcement officer may detain the person and request they submit to a breath test.

In most jurisdictions within Florida, the law enforcement officer usually observes a driving pattern which leads him or her to believe the driver is impaired and then initiates a traffic stop to make contact with the driver. The officer will typically have a portable breath test, referred to as a ‘PBT.’ The breath test is usually administered to the driver “in the field.” The PBT does not go through the rigorous inspections that the intoxilyzer 8000 is subjected to, the machine usually used for arrests for DUI. A .02 violation is not criminal case nor is it a civil infraction. Instead, it is an administrative suspension of the driver’s license between the motorist and the DMV. The suspension time varies depending on whether the person provided a breath sample or refused to provide a breath sample. For example, if the person refuses to take the test, their license will be suspended for one year. If they provide a breath sample, their license would be suspended for 6 months. In either case, the person has the opportunity to challenge the suspension and hire a lawyer.    If the breath sample provided is over the legal limit of .02 but lower than .05, and the DHSMV upheld the suspension, then the driver must complete complete a traffic law and substance abuse course before being eligible to reinstate his/her license. If the driver blew .05 or higher and the DHSMV upheld the license suspension, then the driver will need to complete DUI school and any recommended referral counseling.

Texting While Driving Kills Determined to stop people from texting while driving, the Obama administration plans a campaign similar to past government efforts to discourage drunken driving and encourage the use of seat belts. The administration planned to offer recommendations Thursday to address the growing safety risk of distracted drivers, especially the use of mobile devices to send messages from behind the wheel. “We can really eliminate texting while driving. That should be our goal,” said Transportation Secretary Ray LaHood, declining to provide specifics of the recommendations. Researchers, safety groups, automakers and lawmakers gathered for a second day to discuss the perils of distracted driving, hearing government data that underscored the safety threat as more motorists stay connected with cell phones and mobile devices.

The Transportation Department reported that nearly 6,000 people were killed and a half-million were injured last year in vehicle crashes connected to driver distraction, often by mobile devices and cell phones. LaHood called distracted driving a “menace to society” and said the administration would offer a series of recommendations Thursday to encourage Congress, state governments and the public to curb the unsafe behavior. He said the government would draw from past efforts to reduce drunken driving and encourage motorists to wear seat belts. Sens. Chuck Schumer, D-N.Y., and Amy Klobuchar, D-Minn., said support was building in Congress to ban text messaging by drivers. Their legislation would require states to ban texting or e-mailing while operating a moving vehicle or lose 25 percent of their annual federal highway funding. “No text message is so urgent that it’s worth dying over,” Klobuchar told participants.

The government reported that 5,870 people were killed and 515,000 were injured last year in crashes where at least one form of driver distraction was reported. Driver distraction was involved in 16 percent of all fatal crashes in 2008 and was prevalent among young drivers.  Eighteen states and the District of Columbia have passed laws making texting while driving illegal and seven states and the District have banned driving while talking on a handheld cell phone, according to the Insurance Institute for Highway Safety. Many safety groups have urged a nationwide ban on using handheld mobile devices while behind the wheel.   The conference attracted families of victims of accidents caused by distracted driving, who urged the government to take a strong stance against cell phone use in vehicles, whether it includes a hands-free device or not. They suggested technologies that prevent the mobile device from receiving e-mails or phone calls while the vehicle is in motion could help address the problem.  “We started driving cars about 100 years ago. We started using phones about 80 years ago. We’ve only really combined those two activities to a great degree in the last five or 10 years. We’re finding out they don’t mix,” said David Teater of Spring Lake, Mich., whose 12-year-old son, Joe, was killed in a 2004 crash when a driver using a cell phone ran a red light.   Some researchers cautioned that banning all cell phone use by drivers would undermine the development of safety technologies that could allow vehicles to share traffic information with other vehicles and alert emergency responders to crashes.