Tampa Florida Law Blog

Our client was charged with Drivers License Expired More than 4 Months.  Most people don’t know this, but this is a criminal charge!  So, check your DL to make sure it’s not expired (link below).  If it’s less than 4 months then it’s a civil traffic infraction.  Because my client’s license was expired more than 4 months, it was a mandatory court hearing and the consequences could be up to 60 days in Hillsborough County jail.  I explained to my client what he had to do to get his DL back and then we set his case for trial.  At trial, the State Attorney dismissed the case.  No jail, no fines, no court costs.  There was also a civil citation that the Judge dismissed.  Go to this website to check your Florida drivers license status.

You may have heard the news about the new water restrictions in Tampa because of the drought.  Here is a summary of what you can and can not do and what will happen if you violate the new rules.

Summary:
Irrigation of turf is only allowed by hand watering, with one hand held hose fitted with an automatic shutoff nozzle, or a watering can or pail:
At even-numbered addresses, only on Tuesdays.
At odd-numbered addresses, only on Sundays.
Irrigation for non-turf landscaping by hand watering is permitted on any day during allowed hours.
Irrigation by any means is prohibited between 8 a.m. and 6 p.m. on any day.

Additional Restrictions:
Car washing at home or by charity car washes is prohibited. You can only use commercial car washes.
Homeowners are banned from doing their own pressure cleaning.
All decorative fountains must be turned off.

Violation Consequences:
The consequences for violating the Tampa water use restriction include fines that increase for subsequent violations.
$100.00 for a first violation
$200.00 for a second violation
$450.00 for a third or subsequent violation

Can I fight my water citation?
Yes. You are entitled to have a hearing on the water use violation. Hearings are held at the Edgecomb Courthouse in downtown Tampa in front of Judge Nick Nazaretian. At this hearing, the judge, the city attorney, and the water department employee who issued the citation will be present. The city employee will testify at the hearing about the violation they witnessed. After the city has presented their case, you have the opportunity to ask the city employee questions and present your own evidence.

Can I win at these hearings?
Yes. There are specific exceptions to these rules that can get the case dismissed. The exceptions are listed in the ordinance. For more information about water restrictions and violations visit the City of Tampa website.

My client was charged with Drivers License Restriction Violation, Florida Statute 322.16(1) and Failure to Display PIP Insurance, Florida Statute 316.646(1).  This is when your license has some type of restriction, (learners permit or business purposes only) and you violate that restriction.  In this case, they accused my client of driving not for business purposes, when he actually had proof that he was going to work.  Because it was on a DUI suspension, the state attorney was seeking 10 days in Hillsborough county jail.  I set the case for trial to prove to the court that my client was not violating the restriction.  I was able to get the State Attorney to dismiss the case minutes before the trial.  I also made a motion to the Judge to dismiss the insurance charge, which she did.  My client walked out without having to pay court costs, fines, or having this charge show up on his criminal record.  This may seem like a minor traffic offense to most, but it actually has serious consequences.

Client was charged with Driving while License Suspended With Knowledge.  He was on multiple suspensions for driving under the influence and traffic accidents.  The State Attorney was seeking 10 days in jail for this offense.  I knew that if my client were able to get his license back, the State Attorney would not make the jail offer.  I explained that to my client and we created a plan on how he could get his drivers license reinstated.  I was able to continue his case for 5 months to allow him time to get his license reinstated.  Once he got his license back, I was able to convince the State Attorney not to offer the jail time.  My client was able to just pay the court costs and walk out of the courtroom.  Many times people have suspended license and do not even know why they are suspended or how to reinstate them.  This is where I can help.  I have a meeting with my clients to inform them exactly what they need to do to get the license back and if needed I can file motions in court to help the process along. 

If you’ve recently seen any of the celebrity news shows (TMZ, inside edition…), daytime talk shows (Oprah, Tyra, Dr. Phil) or even mainstream news, then you’ve certainly have heard about the Chris Brown and Rihanna incident.  Because of their incident, domestic violence has been a hot topic all over the tv, radio, and newspapers.  Victims of domestic violence, counselors, and tv personalities are all over the media talking about the effects and issues related to it.  This has caused many of the law enforcement agencies, prosecutors, and judges to give extra scrutiny to each case for fear of something happening on their watch.  They don’t want to have an incident happen where a victim is hurt or gets killed because of something they did not do.  This fear is understandable but it can sometimes have an adverse effect on you if you get charged. 

Recently I have had several clients come to my office that have been charged with domestic violence.  The arrests in those cases have been very questionable, probably in part to the media coverage of the issue. 

When the police come out to investigate a domestic violence issue, they almost always make an arrest and it’s usually to cover themselves.  They don’t want to be on the news taking the blame for not doing anything and having someone get hurt.  So they make the arrest, a lot of the time of the wrong person, and move on to the next call.  After you are arrested, the prosecution will start handling your case the next day!  They are in the same position, don’t want negative publicity, so they get started right away, and it’s usually to advise the Judge on how much the bond should be.  This is why it’s important to call me immediately.  I am a Tampa criminal defense attorney and former domestic violence prosecutor.  I know what the Judge and prosecutor need to hear to keep your bond as low as possible or request that the Judge release you without even having to pay a bond and eventually getting your case dismissed.

And by the way, those domestic violence cases I talked about earlier, I got both dismissed.

To start this blog off on the right foot, I am going to post all about the rulings that I get overturned each week, and inbetween all of my case wins, I am going to offer small tips on the different areas of criminal defense, and how you can get the most out of our justice system.