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Traffic Offenses

September 26, 2016

Vacationer Faces 60 Days Jail for Improper License Plate

No Conviction, No Probation and No Jail Time!

Monroe County, FL. Our client was pulled for driving a motor vehicle with an improper tag. When the officer made contact with our client, he asked him for his driver’s license, registration and proof of insurance. The driver stated that he did not have his registration because he had not gotten one yet. The driver was then asked as to why he had not gotten one yet. He replied “I just bought the vehicle and put it on the vehicle that I am driving now, until I save up enough money to purchase a new tag”. The officer issued an NTA (Notice to Appear) and our client was released on the scene.

Result: No Conviction! No Probation! No Jail Time!

Internal Ref# 10-MM173


Driver Recklessly Runs A Stop Sign And Gets Arrested For No Registration

Criminal Charges Dropped!

Our client had been pulled over for running a stop sign. He was working in Florida and had obtained a Florida drivers license, but had never registered his car in Florida. After he received the traffic ticket he immediately registered his car with the Florida Department of Motor Vehicles.

RESULT: Due to the fact that our client acted promptly on obtaining a Florida registration we were able to negotiate with the ASA (Assistant State Attorney) that the criminal charges be dropped.

Internal Ref# 10-CT-1242


Driver Intentionally Drove on Suspended License; Charged with Crime

NO CONVICTION!

Officers initiated a traffic stop on a driver for traffic infractions. The driver admitted to authorities that she had awareness of her license being suspended. The police charged the driver with driving on a suspended license with knowledge, a criminal offense. Officers also ticketed the driver for failing to display a driver’s license.

RESULT: The defense negotiated the details of the case with the State attorney. The attorney persuaded the state to reduce the charges to driving on a suspended license without knowledge, an infraction. The Court ruled no formal finding of guilt resulting in NO CONVICTION! The defense prevailed again with the ticket also beingDISMISSED!

Internal Ref# CC09KF10-28


Driver Charged with Reckless Driving after Speeding and Swerving

Case DISMISSED!

Officers stopped a defendant for speeding and weaving. The police issued a Notice to Appear on charges of reckless driving against the suspect. The defendant now faces up to 90 days in jail for this misdemeanor crime.

RESULT: The defense believed in the client’s innocence and requested a trial on his behalf. The attorney argued that speeding and weaving is not enough evidence to charge the defendant with reckless driving inasmuch as that would warrant endangering others. The defense won the case with a DISMISSAL of all the charges against the client.

Internal Ref# CC09KF10-28


Motorcyclist Cut Through Occupied Lane of Traffic; No License Endorsements

Charge DROPPED!

Officers witnessed the defendant traveling on a motorcycle and pass another vehicle within an occupied lane. The police initiated a traffic stop upon the driver. The officer recognized that the defendant did not possess the proper license endorsements to operate the motorcycle he was driving. The driver is charged with no motorcycle endorsement and a ticket for passing within an occupied lane.

RESULT: The defense attorney entered into heated negotiations on behalf of the client. The attorney successfully convinced the State to DROP the criminal charge of operating a motorcycle without endorsement and resolve the traffic ticket without a formal conviction.

Internal Ref# CC09KF11-10


Officers Track Down Driver at his Home after Fleeing Scene of Crash

CHARGES DROPPED!

Officers were contacted to the scene of a crash after one individual involved fled the location. The victim passed along the description of the vehicle and license plate number and found the automobile at driver’s residence of record. The responding officer issued a criminal citation for leaving the scene of a crash with property damage.

RESULT: The defense moved forward with preparation for trial on the client’s behalf. The attorney convinced the State to DROP all of charges because of weak facts and the lack of witness testimony.

Internal Ref# CC09KF09-29


Driver with Habitual Driving Record Pulled Over for Inoperable Brake Light

ALL CHARGES DROPPED

Police stopped driver for an inoperable brake light. The Officer discovered that the Driver had a suspended license relative to being a habitual traffic offender. Police arrested the driver for felony driving on a suspended licensehabitual revocation. The Defendant faced maximum 5 years in prison if convicted.

RESULT: The Attorney argued that under Florida Law vehicles need only 2 operable brake lights. The Defense submitted photographs of the Client’s brake lights while activated. The Defense proved the Client’s top and lower left brake lights were in working condition. The Defense convinced the State to DROP all charges against our Client.

Internal Ref# CC09RJ07-29


Motorcyclist Struck Curb Resulting in Accident; Cited for Careless Driving and No Proper Endorsements

NO CONVICTION!

Officers were called to the scene of a single vehicle traffic accident. A motorcyclist lost control and struck a curb at a high rate of speed. Paramedics took the motorcycle Driver to the hospital for treatment of injuries. The Police cited the Defendant withCareless Driving and operating a motorcycle without proper License Endorsements.

RESULT: The Defense obtained all evidence in regard to the Client’s case. TheAttorney challenged the charges brought forth against the Client. The Court ruled in the Defense’s favor with a no formal finding of guilt ruling.

Internal Ref# CC07MM12-05


Defendant Missed Court Date on Temporary Tag Violation; Bench Warrant Issued

NO CONVICTION for Violation and Bench Warrant DISMISSED!

Police stopped a Driver and cited him for a Temporary Tag Violation. The Defendant inadvertently misplaced the Summons and missed his Court date. The Court issued aBench Warrant for the Defendant’s arrest for his failure to appear on the Temporary Tag Violation charge.

RESULT: The Defense filed a Motion to Quash the Bench Warrant and moved forward with a hearing on the matter. The Court GRANTED the Motion andDISMISSED the Bench Warrant against the Client. The defense successfully proved to the Court that the Client mistakenly misplaced the Summons and his failure to appear was not deliberate. The Court ruled no formal finding of guilt against the Client on the Temporary Tag Violation.

Internal Ref# CSMM05-28


Driver Fled 3 Car Accident; Charged with Careless Driving & Leaving Scene of a Crash

Careless Driving DISMISSED & NO CONVICTION on Leaving Scene of a Crash Charge

A Driver involved in a 3 car accident fled the scene. There were injuries and damage that occurred in the accident. The Police caught up with the perpetrator and charged him with Careless Driving and Leaving the Scene of a Crash.

RESULT: The Defense subpoenaed the citing Officer on the scene and the witnesses to the crash. The Defense moved forward with setting depositions when the State offered a plea deal. The Defense negotiated a generous plea where the StateDISMISSED the Careless Driving charge and found no formal finding of guilt with theLeaving the Scene of a Crash charge. The Client is now eligible to have his recordsexpunged.

Internal Ref# CS09MM06-09


Driver Involved in Single Car Accident; Charged with Careless Driving

CASE DISMISSED!

The Police charged a Defendant with Carless Driving after being involved in a single car traffic accident. The Defendant retained Musca Law to defend the charge against him.

RESULT: The Defense brought the case before a Judge in Traffic Court. The Attorney filed a Motion to Dismiss on grounds that the case lacked sufficient evidence. The Judge GRANTED the Defense’s Motion and DISMISSED the case against the Client.

Internal Ref# CS09MM06-19


Driver with Suspended License Arrested After Routine Traffic Stop

NO CONVICTION on Charge of Driving While License Suspended!

Police noticed a vehicle with illegal plates on it and an Officer initiated a traffic stop. After questioning the driver, the Officer learned that the Defendant’s license was suspended from a previous DUI conviction. The Defendant was arrested and charged with Driving While License Suspended or Revoked.

RESULT: The Defendant hired the Musca Law Firm to defend the charge against him. The Defense believed in the Client’s innocence and brought the case before aNon-Jury Trial. The Judge agreed with the facts presented by the Defense and the Court issued NO FORMAL FINDING OF GUILT to the charge of Driving While License Suspended or Revoked.

Internal Ref# CS08MM001-14


Driver Uses Empty Sun Pass Account to Drive for Free; Charged with Evasion/Failure to Pay Toll

NO CONVICTION on all Charges!

A driver utilized the Sun Pass system to pay for her highway tolls. The driver continued to drive through the tolls even though her prepaid pass had run out. The Defendant received traffic tickets in the mail and failed to pay them within the required 30 day window. The Department of Motor Vehicles suspended the Defendant’s license for failure to pay her tickets from the empty Sun Pass account. The Defendant was facingTraffic Infraction Court and a charge of Evasion/Failure to Pay Toll.

RESULT: The Defense Attorney appeared at the traffic hearing on the Client’s behalf. The Defense successfully argued the details surrounding the Defendant’s outstanding tickets. The Court ruled in favor of the Defense resulting in NO FORMAL FINDING OF GUILT!

Internal Ref# CS09MM01-09


Driver Caused Multi-Vehicle Accident and Charged with Careless Driving

The Court Rules NO FORMAL FINDING OF GUILT on Careless Driving Charge!

The driver of an older model Toyota caused a multi-car vehicular accident. The passengers of two other vehicles were seriously injured. The Police cited the Defendant with Reckless Driving.

RESULT: The Defendant pleaded not guilty to the Reckless Driving citation. The Defendant hired Musca Law Firm to defend the charge against him. The Defense Attorney requested that the case go to hearing. The Officer who issued the citation appeared to testify on behalf of the State. The Defense skillfully cross-examined the testifying Officer and the Court ruled NO FORMAL FINDING OF GUILT on the charge of Reckless Driving.

Internal Ref# CS009MM03-25


Misplaced Traffic Citation Results in Driving While License Suspended or Revoked Charge & Bench Warrant

NO CONVICTION & BENCH WARRANT SET ASIDE!

Our Client inadvertently misplaced a traffic citation believing it was only a warning for speeding. Failure to pay the citation resulted in a D-6 Suspension of his license. The Defendant was then charged with Driving While License Suspended or Revoked (DWLSR), when he was stopped up for a traffic violation. A bench warrant was issued forthe Defendant’s arrest.

RESULT: The Attorney motioned the Court to set aside the bench warrant. The bench warrant was set aside and the Client was awarded NO CONVICTION on the charge of Driving While License Suspended or Revoked.

Internal Ref# CS088MM08-07


Russian Immigrant’s Failure to Appear in Court Results in Bench Warrant For Her Arrest for Driving with a Suspended License

BENCH WARRANT SET ASIDE AND NO CONVICTION!

Police issued our Client a traffic citation in 2006 for Driving While License Suspended or Revoked. She failed to get the matter resolved before moving to Colorado. The Defendant’s failure to appear in court resulted in a bench warrantbeing issued for her arrest.

RESULT: Our Attorney entered a Plea in Abstentia which allowed us to resolve the Defendant’s case so that she would not have to return to Florida. After motioning the Court, the bench warrant was set aside and we were able to negotiate a successful resolution to her case, including NO FORMAL FINDING OF GUILT.

Internal Ref# CS088MM12-15


Lasik Eye Surgery Patient Charged with Violation of Driver’s License Restriction

CHARGE DROPPED!

Our Client was pulled over for speeding and for an expired tag. Her driver’s license did not reflect the fact she previously had Lasik eye surgery performed to correct her vision. During the stop, it was determined that she was not wearing corrective lenses,violating a restriction on her driver’s license. She was cited for Violation of Restriction on Driver’s License (a criminal misdemeanor offense).

RESULT: At the non-jury trial,the Attorney presented the Assistant State Attorney with Defendant’s new driver’s license issued without a restriction for corrective lenses, as well as documentation of Lasik eye surgery. In light of the evidence presented, the State agreed to DROP THE CHARGE (Nolle Prose). Our Client is now eligible to petition the Court to expunge her record.

Internal Ref# CS099MM05-04


Driver Ticketed for Reckless Driving at 1:00 a.m.

CHARGE DROPPED!

Police spotted our Client’s vehicle at 1:00 a.m. and stopped him for driving too fast for wet road conditions. Our Client was asked to perform field sobriety tests and he showed no signs of impairment. The Police charged him with Reckless Driving.

RESULT: The Attorney aggressively challenged the evidence against our Client and the State agreed to DROP THE CHARGE!

Internal Ref# CS099MM04-23


New Florida Resident Arrested for Not Possessing a Valid Driver’s License

NO CONVICTION!

Our Client relocated to Florida from a state where his driver’s license was currently suspended. Police conducted a traffic stop for a tag light violation and found the Defendant did not have a valid Florida license. Police charged him with Operating a Motor Vehicle with No Valid Driver’s License.

RESULT: The Attorney proved to the State our Client was now in possession of a valid Florida License. The State withheld adjudication, resulting in NO FORMAL FINDING OF GUILT!

Internal Ref# CS099MM04-21


Mexican Immigrant Charged with Expired Driver’s License

NO CONVICTION!

Our Client resided in Florida for over 17 years and had a valid driver’s license during that time period. A delay in his application for a VISAcaused a change in his immigration status and he was not allowed to renew his driver’s license. The Police stopped the Defendant because his vehicle had a broken taillight. They issued a warning for a broken taillight and charged him with Driving with Expired License for more than 4 months.

RESULT: The Attorney persuaded the State to withhold adjudication and our Client received NO FORMAL FINDING OF GUILT.

Internal Ref# CS099MM04-14


Driver Fell Asleep at Traffic Light Felony Arrestfor Habitual Driving While License Suspended or Revoked

DROPPED!

The Police made contact with the Defendant because he fell asleep at a traffic light. The Defendant was arrested for Felony Habitual Driving While License Suspended or Revoked.

RESULT: The Attorney aggressively negotiated on behalf of the Defendant. The State issued a Nolle Prosse on the Felony Driving While License Suspended or Revoked and DROPPED the charge.

Internal Ref# CS099MM03-31


BMW Clocked Speeding 107 mph

DISMISSED!

Criminal Charge Failure to Register: DISMISSED!

Police clocked the Defendant’s vehicle traveling 107mph in a 70mph zone; placed him under arrest for criminal charge of Failure to Register Vehicle and issued a traffic citation for speeding.

RESULT: The Attorney filed a Motion to Consolidate Defendant’s Criminal Case with the Traffic Citation and our Motion was granted by the Judge.The Attorney aggressively challenged the Failure to Register Vehicle Charge; the Court agreed and issued a Nolle Prosse. Because of our attorney’s timely actions, both charges against the Defendant were merged and dismissed. Our Client did not have 4 points assessed to his license and is eligible to have his records expunged!

Internal Ref# CS099MM03-30


Out of State Resident Arrested for Operating Without a Valid License

NO FINDING OF GUILT!

Defendant traveled to Florida for work purposes and was spotted going through a red light by police. Police discovered his out of state license was suspended and charged him with Driving While License Suspended (DWLSR). Defendant returned to his home state and failed to appear in Court, resulting in a Bench Warrant being issued for his arrest.

RESULT: The Attorney filed a Plea of Absentia on behalf of our Client and successfully negotiated the matter without the Defendant having to return to the State of Florida. The Court set aside the Bench Warrant and withheld adjudication on the DWLSR charge.

Internal Ref# CS099MM02-02


Outraged Florida Tourist Arrested for Refusing to Sign Citation

NO CONVICTION!

While vacationing in Florida, police pulled the Defendant over because his tag was not visible and issued a citation for the violation. Defendant, outraged over the incident, refused to sign the citation.Police informed him he would be arrested if he refused to sign. Defendant still refused to sign the citation and was arrested.

RESULT: The Attorney filed a Plea of Absentia on behalf of our Client and pursuant to a Plea, there was no conviction/no finding of guilt. Our Client’s case was resolved without theneed for him to travel back to Florida to appear in Court.

Internal Ref# CS099MM01-27


Client Hauling Hay Involved in Traffic Accident – Cited with 3 Criminal Charges

ALL 3 CHARGES DROPPED!

Defendant was driving her vehicle with several bales of hay in her back seat. She became involved in a traffic accident and received injuries. Police charged her with a criminal charge of Expired Registration more than Six Months. The bales of hay in her car resulted in a citation for Obstructed View of Driver and she was cited for Refusing to Obey Traffic Laws.

RESULT: The Attorney filed a Motion to Consolidate criminal charges with traffic citations. After firm negotiations, all three charges were merged and DISMISSED.

Internal Ref# CS099MM01-23


Client’s New Car Purchase Yields Criminal Traffic Violations

CHARGES DISMISSED!

Defendant purchased a vehicle and failed to transfer the registration and tag over to his name. Defendant received two criminal charges of Tag Not Assigned and No Registration, as well as a civil infraction for Failure to Display Registration.

RESULT: The Attorney advocated on behalf of the Defendant, showing proof that the Defendant obtained the registration and tag the day after he was ticketed. The State agreed to a judicial warning on the two criminal traffic infractions, and withheld adjudication on the Failure to Display Registration charge.

Internal Ref# CS099MM01-22


Client Failed to Obtain Florida Driver’s License after Relocating More than 30 Days, Arrested for Nonresident; When License Required

NO CONVICTION!

Defendant had been living and working in Florida for more than 30 days and failed to obtain a Florida Driver’s License. Defendant was arrested for Nonresident; When License Required.

RESULT: The Attorney successfully negotiated a plea and our Client did NOT get convicted.

Internal Ref# CS099MM01-12

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