The Ins and Outs of Traffic Tickets

Almost every driver has experienced the dreaded traffic ticket at some point or another. No sooner do you accelerate on the highway than you see the flashing lights and siren behind you indicating a wrong-doing. A momentary lapse of good judgment should not, however, tarnish your clean driving record. Knowing how to fight a traffic ticket will ensure that you don’t pay excess fines or get your license taken away.

It is extremely important to remember to always respect the law; never get angry with the officer or start arguing with them, as this will only get you further into trouble. Be sure to directly answer all of the officer’s questions in a courteous and polite manner. Do not exit your vehicle unless they ask you to.

Another important thing to keep in mind is that you should not openly admit your guilt or try and come up with unbelievable stories or excuses. Let the officer explain your infraction and if they ask if you know what you did, answer with a simple, “No, I don’t.” For a speeding offense, be sure that they inform you of what speed you were going and what the limit is in the area.

The name and badge number of the officer will be listed on the ticket, but it can sometimes be unreadable, especially if they have bad handwriting. Be sure to ask them for this information and write it down for yourself, as you will need it for when you go to court. You will also need to ask them detailed and specific questions about the device they used to determine your speed or other infraction and where they were located. For speeding, check for clearly marked signs; if there are none then be sure to take videos or pictures to further prove your case in court.

The officer may come to the conclusion that because you are being so thorough with your questions, that the case may get dismissed, and it is not worth the effort of showing up in court. They do not get paid for court dates and hearings, and many of them would rather be spending time with loved ones or friends anyway. If they do not appear, your case is automatically dismissed.

Your case can still be won, though, even if the officer does show up. The judge may consider all of your evidence and dismiss the case altogether or lessen the fine that you must pay. For more serious offenses, it may be worthwhile hiring an attorney. There are also companies that are comprised of former police officers that give you advice and tips on how to proceed in court. You will have to decide for yourself if spending money on this type of assistance is needed.

Knowledge is power, and gathering every detail possible is paramount to proving your case, whether or not you hire anyone to help you. Immediately after receiving your ticket, file a motion of discovery. This will let you know exactly what you are being charged with, and what type of evidence will be used against you.

Volunteering for traffic school may also be a way for you to get your offense lessened or dismissed completely. Not all areas offer this, so be sure to check with your local jurisdiction. There is a great benefit to receiving a refresher course and can help to prevent future tickets and fines. Knowing how to fight a traffic ticket could be as simple as preventing one in the first place. Fight your Florida Traffic Ticket now, 954-967-9888 http://www.TrafficTicketTeam.com

How Points Work on Your License

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The most common civil traffic citation given by law enforcement around the state is for the offense of speeding. In 2007, there were 1.3 million speeding tickets issued by police in the State of Florida. That number is not a true reflection on the real number of speeding tickets, because law enforcement has the discretion to “cut someone a break” and charge them with violating the speed limit sign. That violation is referred to as violation of a traffic control device, and it is possible that the number of speeding tickets would be closer to 1.8 million. Given those unbelievable numbers in the Florida, Speeding tickets can be divided in to 3 distinct categories as far as punishment is concerned.

1) 15 MPH OR LESS OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 15mph or less over the speed limit carries with it a fine along with 3 points on your license. The amount of fine is usually listed on the back of the ticket and is actually set by each individual county. The points will stay on your license for 3 years and the ticket will be on your driving record forever. Depending on your insurance company it could also result in an insurance increase. No court date is required if your citation fits within this category. You can either pay it and get the points, do traffic school if eligible, or contact our office immediately to obtain information on fighting it.

2) 16 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 16mph or more over the speed limit carries with it a specific fine along with 4 points going on your license. The amount of fine is usually listed on the back of the ticket or you can visit a website that lists every clerk’s office. Then just look in the upper left hand corner of your citation and find the county in which you received the citation. The points will stay on your license for 3 years and the ticket will stay on your record forever. Depending on your insurance company it could also result in your insurance costs increasing. No court date is required.

3) 30 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

This is the 2nd most serious type of speeding citation you can receive. If you receive a citation for going 30mph over the posted speed limit, it carries with it a fine, possibility of 4 points on your license, possibility of a license suspense, and a mandatory court date. The amount of fine is set by the Judge at the court hearing. The points will stay on your license for 3 years and the ticket will stay on your record forever. Depending on your insurance company it could also result in your insurance costs increasing. Failing to appear at your court date could result in your license being suspended. This is referred to a D-6 suspension.

4) 50 MPH OR MORE OVER THE SPEED LIMIT-STATUTE 316.1926

Beginning October 1, 2008, the Florida legislature passed a new speeding bill. If you are charged with driving 50 MPH over the posted speed limit pursuant to Florida statute 316.1926, you will be facing a civil penalty of $1000.00. On a second offense, the fine is up to $2500.00 and the court will revoke your license for a period of one year. On a third offense you will be charged with a third degree felony and will face a fine up to $5000.00 and the loss of your driver’s license for 10 years.

Regardless of which type of ticket you receive we do not recommend just paying the ticket before contacting our office to go over possible defenses. Often we are able to get the ticket dismissed or keep the points off your license, which normally will save your insurance costs from increasing. **In addition you will not have to attend your court date, we will attend it for you. So call the Traffic Ticket Team now. 954-967-9888 http://www.TrafficTicketTeam.com

**each insurance company is different, contact your carrier to discuss how receiving a ticket will affect you.

 

DMV System Crashes, Long Lines to Get Your License

Traffic Ticket lawyer Intermittent outages of the Florida Department of Motor Vehicles mainframe servers have led to system crashes at driver’s license offices across the state, making already long waits even longer for frustrated customers. ”All I’m doing is sitting here waiting,” said Jeff Gilman, who arrived at the DMV office on Military Trail at about noon Friday and was still waiting to be served four hours later, along with about 60 other people.  The system has been unstable since Nov. 3 and it has been declared it a critical situation, said Courtney Heidelberg, DMV’s deputy communications director. The problem has not been fixed yet, she said. Customers at DMV offices were already facing long waits because of tougher ID requirements for obtaining licenses since the Sept. 11, 2001 terrorist attacks. Although Gilman said officials offered to let people make appointments to come back another day because of the sporadic outages, he said he was concerned he’d just run into the same problems again. The lengthy wait times were exacerbated at the Deerfield office because its two bathrooms were out of order most of the afternoon.  ”The bathroom backed up and the sewage came up out of the floor,” said Uranius Cruz, of Deerfield Beach, who arrived at the office at 11:30 a.m. and wasn’t finished until 3:45 p.m. Scott Vincent, of Margate, came to the Deerfield DMV office Friday after stopping by the Margate officefirst. ”The line was even longer in Coral Springs,” said Vincent, who arrived at 2:30 p.m. and planned to stay as late as necessary. Officials said anyone in line as of 5 p.m. would be seen. The Traffic Ticket Team is aware of the problem and trying to help people in a similar situation. If you get a traffic ticket, call the www.trafficticketteam.com, Jason Diamond, Diamond, Kistner & Diamond, 954-967-9888. Let us Fight your Traffic Ticket. Do not pay that traffic ticket, fight back.

 

She Wears Short Shorts… He Wears Baggy Shorts…

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If you’re headed to traffic court in California better leave the flip-flops at home. Have a court appearance in district court in Inkster, Mich.? Jeans are on the not-to-wear list. And don’t even think of wearing short shorts to court in Dover, Del. Judges in those jurisdictions and others across the USA are cracking down on skimpy, sloppy or what they consider inappropriate attire in an effort to maintain decorum and beef up security.  A provision in Delaware  that bars skirts shorter than 4 inches above the knee when standing “sounds like Catholic school,” says Timothy Fautsko, who advises courts on security issues for the National Center for State Courts. But, he says, the dress codes serve a purpose.

“I think it maintains order in the courtroom,” he says. Fautsko says some people seem determined to push the fashion envelope. “I had a report of one court that had an individual keep coming into court dressed like a clown,” he says. “Again, that pushes the dignity of the court.” Courts are a place where serious business is conducted, and that demands appropriate attire, says Delaware Superior Court Judge William Witham Jr. “We’re not out to treat people as school kids, but we do expect if you come to court, you need to treat it with the appropriate respect and dignity it should deserve due to the occasion,” he says. Among recent examples:

• In May, Jennifer LaPenta was jailed briefly after a judge in Lake County, Ill., held her in contempt for wearing an offensive T-shirt to court.

• In Inkster, Mich., Joseph Kassab was turned away in April from the courtroom for wearing black jeans. He missed his traffic court appearance and was fined, and he’s challenging the dress code in the state Court of Appeals.

• The same thing happened to Linda West, who missed her court date after being refused entry in June to court in Bakersfield, Calif., for wearing flip-flops.

• In July, in Hamilton County (Ohio) Municipal Court, William Morse’s T-shirt featuring slasher-movie character Chucky and the words “Say goodbye to the killer” earned Morse a warning that he’d spend a day in jail if he came to court again with inappropriate attire.

Though some attire may seem obvious choices to ban, other clothing can be a tougher call — and barring some attire can raise troubling questions about race, religion and access to justice, legal experts say. “It would seem inappropriate to have the security officers be the determiner unless it’s a safety issue … especially when the result could be they miss their court appearance and are subject to a penalty. That would be questionable,” says Micah J. Yarbrough, a professor at Widener University School of Law. Many dress codes single out baggy pants, particularly those that expose undergarments. That fashion began in the African-American community, says Holly Alford, an assistant professor in the department of fashion design and merchandising at Virginia Commonwealth University. Banning such attire is “almost like you’re making racial statements without actually saying it,” says Alford — who admits she pesters her son daily to pull up his pants. Fautsko says an increasing numbers of courts are adopting dress codes, and for security reasons some specify that faces be uncovered, posing problems for Muslim women wearing veils or burqas. That issue has come to the fore among judges and security personnel in the past six months, he says, adding that courts are “seeking some definitive direction on what to do, and what to do in a uniform manner, so it’s not different from court to court.”

A spokesman for the Council on American-Islamic Relations, says courts can follow the lead of the Transportation Security Administration and have a female officer take a Muslim woman to a private setting where she can remove her face covering. “There should be no issue for anyone entering a court with either a face veil or a head scarf,” Hooper says. Dress codes can play a role in public safety. For instance, gang-related clothing or gang colors could be used to intimidate witnesses in criminal cases. Dress codes pose few problems for defense attorneys, according to Brendan O’Neill, Delaware’s chief public defender. Most lawyers customarily advise clients about proper attire, he says, and many will supply garments to indigent clients. Gayle V. Fischer, a professor at Salem State University, has written extensively on the history of clothing and society. In her view, court dress codes are the product of a casual society and ignorance of court culture.A pajama-clad woman who was turned away from court in Delaware “probably wears that outfit to the grocery store,” Fischer says. “Dressing up, that’s something that you’re taught, and if you don’t live or participate in any of the arenas where you need to dress up, you probably just don’t think about it.

If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

Be Prepared to Wait for Your License.

Traffic Ticket Team

Traffic Ticket Team

With a drastic cut in Clerk of Court funding, here is what you can expect the next time you go to renew your drivers license.

Broward County
Lauderdale Lakes; 5,723; 11 min 3 sec; 35 min 23 sec; 16
Fort Lauderdale; 4,988; 8 min 53 sec; 48 min 33 sec; 10
Lauderhill Oakbrook; 4,655; 10 min 3 sec; 56 min 46 sec; 11
Pompano Beach; 3,185; 7 min 34 sec; 28 min 6 sec; 8
Deerfield Beach; 4,339; 50 min 5 sec; 141 min 6 sec; 12
Margate; 3,787; 8 min 36 sec; 22 min 57 sec; 11
Pembroke Pines; 8,055; 9 min 33 sec; 48 min 59 sec; 17
Palm Beach County
West Palm Beach; 5,878; 9 min 1 sec; 52 min 45 sec; 19
Delray Beach*; 6,505; 11 min 13 sec; 66 min 13 sec; 9
Lantana; 5,006; 9 min 18 sec; 53 min 38 sec; 8
Palm Beach Gardens; 5,215; 8 min 52 sec; 16 min 59 sec; 10

Note: Average wait times do not include time spent standing outside the office waiting to get in.

If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

Published in: on August 22, 2010 at 2:32 pm  Comments Off on Be Prepared to Wait for Your License.  
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DUI Labor Day 2010

Traffic Ticket Team DUI

In advance of the upcoming Labor Day holiday, law enforcement agencies throughout the state and in South Florida are taking part in a nationwide crackdown on drunken and impaired driving. The Plantation Police Department is one of the agencies that will be conducting DUI saturation patrols for the 18-day period that began Friday and runs through Monday, Sept. 6. “Many people choose to celebrate with alcohol during the summer,” said Plantation Police Sgt. Joe Gallignani in a statement from the agency.”Our goal is to apprehend impaired drivers in the area before they cause crashes,” the statement said. Statewide, the Florida Highway Patrol is also taking part in the enhanced enforcement campaign called “Over the Limit, Under Arrest.” According to FHP figures, 875 people were killed in alcohol-related crashes in 2009, including 29 who died during the official Labor Day holiday period. This was first reported in the Florida Sun Sentinel.

If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

Red Light Cameras Irresponsible

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Red Light Traffic Ticket Team

According to the New Times of Broward, Red-light cameras, when misused by idiotic and irresponsible public officials, can be one of the great scourges of America.  ​That much is fact. Even when they are used with some semblance of jurisprudence, they might be flat-out illegal. We’ll just have to see how the court challenges turn out. But in the wrong hands, they can be downright evil. Check out this Miami Herald story on the poor people of Aventura — and all others who drive in that city — who are getting shaken down by their own government for hundreds, sometimes thousands of dollars. Their “crime”: Rolling a red light on a right turn. You do it all the time even if you don’t know it. You come up on an intersection, see there’s no cars coming, and never quite come to a complete stop. In Aventura, this will get you a $125 fine for the first offense, $250 for the second, and a whopping $500 for each additional. It’s obscene, and making it worse is that if one of the cameras got installed at a red light near you, you could rack up multiple fines before you get the notice in the mail telling you did anything wrong in the first place. Responsible towns don’t do this. Pembroke Pines, which was the first city in Broward to install the cameras (send your thanks to Angelo Castillo), doesn’t do it. West Palm Beach did it for a while but then realized how grotesque it was. In May, WBP not only discontinued the practice but decided to refund all the money it generated from such fines back to the citizens who paid them. But some towns just don’t get it. Here’s the top of the Herald story: Jeff and Patricia Rudman have an unexpected $2,000 bill to pay. The Sunny Isles Beach clothing salesman came home from work to find his pregnant wife sobbing, holding several tickets for failing to come to a complete stop at a camera-monitored red light in Aventura. After a $125 ticket in the mail the previous day, five more — amounting to $1,875 more fines — were dropped in the mailbox that afternoon. All of them were for making only a rolling stop before a right turn at Aventura Boulevard and West Country Club Drive, nabbed by one of the red-light violation camera fast spreading throughout South Florida. And all were within a weeklong period. “Two-thousand dollars to anybody right now is a hit, and to us, with a third kid coming, it’s beyond. It’s just way too much,” Jeff Rudman said. Rudman is among a contingent of South Floridians who’ve received multiple tickets for red-light violations before they even knew they were breaking the rules. “We didn’t have a chance to learn what we did wrong,” he said. “I don’t think anybody in their right mind, knowing full well that the oven is hot, is going to put their hand in the oven. We didn’t get the opportunity to get burned the first time.” … City officials argue the law against running red lights has been on the books for decades, and drivers who break the law shouldn’t complain when they get caught. “That requirement that you come to a complete stop before turning right on red, it’s been a state law for many, many years,” said Joanne Carr, Aventura’s community development director. First off, Joanne Carr should be fired. Period. She obviously has no understanding of basic concepts like justice and fairness. Next every elected official in the town should be run out on a rail. Don’t pay these fines. Go to court and fight them. Judges, do your duty and dismiss the cases one after another until the derelict cities follow in West Palm Beach’s footsteps. If you get caught speeding, running a red light, stop sign or DUI, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.  Our attorney’s have handled over 1,000,000 traffic tickets so before you call some random ticket clinic to help you, call a Team of lawyers who handle every case as if was our own.

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Clerks Of Court Facing More Cuts $$$

As elected clerks of court, we are deeply concerned about the amendment to the Senate General Appropriations Act, which proposes another $23 million cut to the clerks’ statewide budget. In Broward and Palm Beach alone, more than 250 employees were laid off last year. These additional cuts mean up to another 130 people may be laid off. The result will be a direct impact on the citizens we serve and our local economy. There are documented, quantifiable costs associated with court-related delays in civil cases, with a direct economic impact approaching $10.1 billion annually in the state of Florida. You may recall that clerks’ budgets across the state were cut by almost $90 million last year, and almost 1,300 people were laid off statewide. More than 30 clerk branch service offices were closed. Those reductions, combined with the ones proposed, will critically impact the ability of Florida’s clerks to provide constitutionally and statutorily required services. However, before we cut services, we adopted technologies to ensure our offices were running as lean as possible. We have been cut to the bone, and with 90,000 foreclosures pending, we’re not getting the job done. The public’s access to the courts will be further restricted as customers wait in line for hours. Businesses will lose thousands of dollars because of case processing backlogs delaying certificates of titles, writs of possession and court docket updates. Civil court lawyers will be the hardest hit by backlogs, as clerks shift from civil departments to criminal to meet statutory requirements such as “speedy trial” — a mandate to give criminal cases top priority. Our legislators need to hear from everyone that cutting the clerks’ budgets for two years in a row will limit access to the courts and directly affect court users. It is unconscionable to impact Florida’s economic recovery by restricting access to the courts in these difficult times. If you are a local Florida Bar member, a member of the business community or just a person who has dealings with the courts, you need to reach out to your state senators and representatives to prevent another direct hit on your economic future and the future of Florida. If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

RED LIGHT CAMERA’S DECLARED ILLEGAL

Cities throughout the state scrambled Monday to review their red-light camera programs after a circuit judge ruled that Aventura is illegally using the traffic devices to catch motorists. Although the case is being appealed, its eventual resolution will influence at least 26 cities statewide that have installed red-light cameras. They include Pembroke Pines, Hallandale Beach, Boynton Beach and West Palm Beach. Invoking opinions issued by the state attorney general in 1997 and 2005, Miami-Dade Circuit Judge Jerald Bagley said traffic laws are the purview of the state and that police officers should witness — and then issue tickets to — red-light runners. Relying on a traffic camera alone, without an officer at the intersection, was “invalid,” Bagley said, according to a transcript of his summary judgment issued Monday. City officials argued red-light cameras prevented accidents and they sidestepped state law by issuing code violations, not traffic tickets. The vehicle’s owner, not the driver, was cited. No traffic points were issued and fines generally cost $125. Appeals could be made only to a special magistrate, who typically worked for the city. “Red-light cameras save lives and the state of Florida has been too slow to approve this life-saving measure, forcing cities to do what they themselves should be doing to protect residents,” said Pembroke Pines Commissioner Angelo Castillo. But traffic lawyers and some motorists say local governments overreached.  The State should run the traffic ticket laws said Jason Diamond from the Traffic Ticket Team, www.trafficticketteam.com. Several hundred drivers from throughout the state last year joined class-action suits filed against Pembroke Pines, North Miami, Homestead, Orlando and more than a dozen other local governments. Pembroke Pines officials have already set aside $253,919 in an escrow account from the 3,072 citations issued since March 2009. It has cameras posted at Southwest 129th Avenue and Pines Boulevard, but postponed the installation of several more until a lawsuit filed by more than two dozen drivers is settled. “We are aware of the order,” said Michael Cirullo, who is helping represent Pembroke Pines in a suit pending against the city’s red-light program. “We have yet to fully review the order, but when we do, we will be evaluating it to see whether it will have any effect on the city’s program.” Officials in West Palm Beach, which began using a red-light camera system on Sunday, said their city will be unaffected by the ruling because it was in a different circuit court.  “We have not had time to completely review the case. However our system will remain active,” city spokesman Chase Scott wrote in an e-mail. “Before we issue a ticket, the incident is reviewed by three people and then a link to watch the video is issued along with the violation. We believe the cameras save lives and prevent injuries to pedestrians and other drivers.”  Fort Lauderdale City Attorney Harry Stewart said he had not seen the order yet, but based on what he’d heard, the city might wait for the appeal to be decided before installing the cameras at 10 intersections. The city on Feb. 3 approved a 39-month contract with American Traffic Solutions in Kansas and hoped to start reaping about $1.8 million a year.  “In order to evaluate whether we should dump our program or continue forward, we need to be able to see the order and evaluate the legal determinations therein,” Stewart said late Monday afternoon. City Attorney Brian Shutt said his city was prepared for the controversy. “We have a provision that says we won’t proceed forward with implementing or installing the cameras until there is state law that provides for this or until there is a favorite court ruling that allows them,” he said. The issue came up in the state Legislature last year, only to fail after lawmakers disagreed over how to apportion the ticket proceeds. In March, the Legislature will consider a bill that would allow cities and counties to use traffic cameras. Part of the proceeds from fines would go to trauma centers, hospitals and nursing homes. If you got a red light traffic ticket, call the Law Offices of Jason A. Diamond at the trafficticketteam.com, 954-967-9888.

Cop Writes Fake Traffic Tickets, Only in Florida.

Concern that a Florida Highway Patrol trooper accused of writing false traffic tickets may have more victims has prompted FHP to open a hot line number. “We have established a central hot line for people filing complaints in this case,” said FHP Maj. James G. Brierton, commander of Troop E, which is based in Dade.  The move comes after a revelation on Tuesday that Trooper Paul C. Lawrence, 38, had been arrested on 22 counts of official misconduct for writing the fake citations.  Already, 203 traffic citations that Lawrence issued since November have been dismissed.  But prosecutors think there might more victims.  Those who believe they received a false citation from Lawrence can call 305-470-2525.  In each case, Lawrence is accused of using information from drivers whom he had previously stopped. Then he manufactured new charges. The citations were not signed by the drivers.  The 22 counts are related to eight specific incidents this winter, according to the arrest affidavit.  Prosecutors said Lawrence started writing the false tickets to boost the number of citations he was reporting to his bosses.  In November alone, he submitted 397 citations to FHP — 82 of them missing a signature.  An FHP spokesman said FHP does not use a quota system.  Supervisors noticed something wrong in November when in one day five motorists called to complain they were being solicited by traffic ticket teams for citations, although they had not been stopped or ticketed by FHP.  An investigation was launched that showed an unusually large number of Lawrence’s citations were not signed by the alleged violators.  Lawrence, an FHP trooper for 15 years, has been placed on administrative duty “pending termination.”