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Showing posts from July, 2014

Lying during traffic investigation - Making False Report in Florida

It is a misdemeanor of the second degree, to give false information to the police during an investigation.  It is governed by section 316.067 Florida Statutes.  To give false information at a crash, can be subject to arrest or a notice to appear may be issued to the driver.

If you are facing a charge under 316.067, Florida Statutes, call Graham today at 904-383-7448.


Repair Vehicle with Bullet Damage in Florida

Under Florida Statute 316.065, it is a misdemeanor of the first degree to repair a vehicle with bullet damage and not reporting it to the office of the county sheriff, or the nearest office or station of the Florida Highway Patrol.

Any person in charge of the garage or repair shop must make the report giving the year, license number, make, model, and color of the vehicle and the name and address of the owner in possession of the vehicle.  This compels the idea that even if an employee notices a bullet hole and does the repair without making a report, the person "in charge" may be the one going to jail.

I won't even bother ending this one with a pitch for anyone to call me about committing this particular crime, but if you want to tell me an interesting story, call me at 904-383-7448.


Trafficking in Cannabis - Florida

Section 893.135 Florida Statutes governs trafficking in Marijuana, cannabis.  A person who is in possession of more than 25 pounts of cannabis, or more than 300 plants into the state, commits a felony.  The minimum term of imprisonment from 25 pounds to 2,000 pounds of cannabis is 3 years including a fine of $25,000.00.  The same is true for persons in possession of more than 300 but less than 2,000 plants.

The mandatory minimum term of imprisonment rises to 7 years and a fine of $50,000 for marijuana weighing from 2,000 to 10,000 pounds.  Again, the same is true as a mandatory minimum for 2,000 plants to 10,000 plants.  Over 10,000 pounds or plants, the fine quadruples to $200,000 and the minimum term of imprisonment rises to 15 years.

Plants must be considered to have root formation, and root hairs to be considered under the terms of this statute.  Callous tissue on the stalk of a marijuana plant is not readily observable evidence of root formation, but viability or sex of the plan…

Running a Red Light and Running a Stop Sign Florida Lawyer

Running red lights and running stop signs are a civil infraction within Florida.  Civil infractions are essentially below the level of criminal in terms of offense to the state, and is governed by section 316.074, Florida Statutes.

Running a red light is four (4) points on a drivers license while running a stop sign is only three (3) points.  If you were to cut through a parking lot to avoid a red light, as would be quite common in Jacksonville, you could be found guilty of 316.074(2), and also get 3 points on your license.

If you received one of these tickets in Florida, give Graham a call at 904-383-7448

Hit and Run with Injury in Florida

Section 316.027(1)(a), Florida Statutes is a Third Degree Felony punishable as provided in s. 775.082, s. 775.083, or s. 775.084 and is a hit and run involving serious injury.  This is cause for revocation of license in Florida.  In addition, Section 316.027(1) may be charged or a lesser included offense may be for leaving the scene without rendering aid to a person injured or dying as a result of the accident.  If a jury finds that the person was driving under the influence of alcohol, a mandatory 2 year term of imprisonment is the result.

In order to clear oneself of the duty to remain at the scene, one must first discharge their duty to the other motororist pursuant to section 316.062 Florida Statutes which include, name, address, and the registration number of the vehicle, exhibit drivers license and ("if available"), and carrying someone to a hospital.  The language "If available" seems to make the duty to display a drivers license just an aspiration.

In addit…