Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Criminal Law

Case # 001-147-DCX; 006-805-BEJ; 663-470-F (Hillsborough); 06-CT-004-298 (Manatee); Judge Lawrence Lefler; Date: December 1, 2006

FACTS: The defendant was habitualized as a traffic offender for accumulating 3 Driving While License Suspended (DWLS) charges within a 5 year period. The defendant pled guilty to three DWLS charges in criminal court. Two of the three adjudications were set aside, and a third one was dropped by the State Attorney. The defendant also had another DWLS without knowledge in traffic court. The system is not fair with regards to the civil infraction of DWLS without knowledge. Many people feel since DWLS without knowledge is an infraction they can pay the ticket and that's the end of it. What they do not realize is when they pay the ticket they receive an adjudication on the DWLS without knowledge and an adjudication or conviction is put on their record. When you receive an adjudication on a DWLS without knowledge it qualifies as a prior under the habitualization statute. This is extremely unfair to most drivers who have no idea how the traffic laws work. Fortunately, many judges see this problem and treat those priors accordingly. However, that is not always the case, and many jurisdictions vary.

DEFENSE: The defendant in this particular case was facing six months in the Manatee County Jail because of his priors. When we removed the priors in Hillsborough the Prosecutor Manatee County offered the defendant an adjudication and court costs.

RESULT: The Defendant was able to avoid jail and get his license back. He can now keep his job and support his family.