Traffic

May 2, 2016

Trio Arrested for Illegal Racing in Pembroke Pines

By The Law Offices of Richard Ansara, P.A.

Three men were arrested in separate instances of alleged street racing in Pembroke Pines over the course of a weekend. All three men are reportedly from Miami-Dade, but the charges stemmed from separate situations, police said.

According to The Sun-Sentinel, street racing has been a problem in the area, particularly on U.S. Highway 27 South, north of the Broward/ Palm Beach County line.

In this case, authorities say the first incident occurred on a Friday night, shortly before 10 p.m. A police officer was traveling on Northwest 172nd Street when a silver Honda and a black Honda went whizzing by. They were both speeding side-by-side, the officer observed. The officer turned around and pulled over the silver vehicle.

As it turned out, the 22-year-old driver, Adrian Alberto Santiago, of Miami, reportedly had a suspended license. He was also wanted on a misdemeanor warrant for possession of marijuana in Broward County. The officer placed him under arrest, at which point Santiago reportedly voluntarily turned over a gram of marijuana that he had hidden in his pocket. He was charged with unlawful race, marijuana possession, violating probation on a grand theft conviction and a third-time violation of driving with a suspended license – a felony. Continue reading

March 15, 2016

Slew of Traffic Offenses Facing Fort Lauderdale Motorcyclist

By The Law Offices of Richard Ansara, P.A.

A Fort Lauderdale motorcyclist is facing nearly a dozen charges after police reportedly had to set up a sting just to catch him. Officers had reportedly spotted the 19-year-old morning after morning on a black Honda bike, weaving through morning rush hour traffic, speeding, pulling wheelies and running red lights.

The officers allege this same man, always wearing a GoPro video camera strapped to his helmet, had three times shook his head no and continued on when officers tried to pull him over. On the third such instance, police allege the motorcyclist refused to stop, ran through a red light and waved to the officer, as if inviting law enforcement to chase him down.

But at that point, police couldn’t follow him through the crush of traffic. Department safety policy prohibits officers from chasing down suspects for traffic offenses or minor misdemeanors. Still, police were eager to stop him. So they set up a sting. Continue reading

February 24, 2016

Report: Hit-and-Run Crashes Uptick in South Florida

By The Law Offices of Richard Ansara, P.A.

Hit-and-run crashes in Florida are reportedly on the rise, with the Florida Highway Patrol recently calling a Miami news conference to raise awareness of the issue.

State data shows more than 92,600 drivers fled auto accident scenes in 2015. That was approximately 8,000 more than had done so in 2014. It’s also nearly 23,000 more than were tallied in 2012.

Locally, state law enforcement officials say that in Broward County, hit-and-run crashes climbed from 9,750 in 2014 to 10,950 in 2015. In Miami-Dade, the numbers increased from 17,480 to 18,1350. And in Palm Beach County, hit-and-run collisions were up from 6,700 to 6,770. Continue reading

January 13, 2016

Vehicular Homicide Charges in Fort Lauderdale 4-Year-Old’s Death

By The Law Offices of Richard Ansara, P.A.

Most people think speeding is one of those things that is “no big deal.” People do it all the time, and often with little consequence. But consider this case recently reported by the Sun-Sentinel:

A man has been charged with vehicular homicide in Fort Lauderdale after a high-speed crash resulted in the death of a 4-year-old boy almost two years ago in Sunrise.

The now-21-year-old defendant had been driving at least 70 mph in a black BMW. Investigators would later opine he was driving somewhere in the neighborhood of 83 mph. The speed limit on that stretch of North Pine Island Road is 45 mph. There was a yellow car in front of him. A vehicle ahead of that yellow car made a wide turn into the parking lot of a shopping plaza. The yellow car hit the brakes. The BMW driver, Andrew Ezequiel Perez, couldn’t slow down in time. He lost control.
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December 9, 2015

Florida Judge Sentences Probation Violator to 60 Years in Prison

By The Law Offices of Richard Ansara, P.A.

A Florida probation violation is a serious matter that, depending on the circumstances, can result in reinstatement of the original maximum penalty, which may include years in prison. In fact, one might end up being sentenced to years behind bars for doing something that, had they not been on probation, would have been perfectly legal.

That’s why people tend to take these matters less seriously; they don’t see their offense as being egregious. But the courts can and do often take a very different stance.

Take for example the recent case of Herbert Smith, the 23-year-old Broward County man who was just sentenced to 60 years in prison for driving on a suspended license – a violation of his probation. This was not only much in excess of what defense lawyers were arguing, it was 47 more years than what prosecutors were requesting. According to the South Florida Sun-Sentinel, the stunning sentence has sparked outrage within the community, as family members have garnered 19,000 signatures in a petition to remove Broward Circuit Judge Matthew Destry. However, that’s not how the system works. Judges are elected, and the only way to remove one before an election is via a formal process overseen by the Florida Supreme Court. Continue reading

November 27, 2015

Florida Hit-and-Run Captured on Electronic Devices

By The Law Offices of Richard Ansara, P.A.

Most criminal lawyers will tell you eye witness testimony is incredibly unreliable. There are often many ways to successfully challenge eye witness accounts in court.

However, it can be much more challenging when the “witness” is a camera. In this digital age, where everyone has a smartphone, surveillance cameras are everywhere and even traffic signals come equipped with the ability to capture images, that’s becoming an increasing reality in many cases.

This was underscored recently in the case of a Sunrise hit-and-run crash last month. Continue reading

June 20, 2015

New Florida Hit-and-Run Proof Standard Creates Prosecutor Challenges

By The Law Offices of Richard Ansara, P.A.

Defense attorneys for a Dania Beach cab driver had always insisted he was innocent of the fatal hit-and-run of a homeless man. Prosecutors nabbed the wrong man, and the evidence pointed to a perpetrator still on-the-loose.

However, Broward State Attorney’s Office leaders insist they have the right man. The problem, they say, is the new precedent set by the Florida Supreme Court in Florida v. Dorsett, which shifts the standard of proof in hit-and-run cases when it comes to knowledge that someone has been hit. Before Dorsett, prosecutors needed only to show accused knew or should have known he or she had struck someone. But now, they must prove the accused’s knowledge of this fact beyond a reasonable doubt.

Here, they say, they simply couldn’t meet this proof burden.

According to news reports of the case, the former taxi driver was alleged to have killed a 62-year-old homeless man, who was allegedly laying intoxicated in a southbound lane of a highway in Dania Beach.
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April 13, 2015

Vehicular Homicide in Palm Beach Leads to Prison Term

By The Law Offices of Richard Ansara, P.A.

We typically don’t think of speeding as an infraction for which one could face jail time, let alone an extended prison term – especially if the offending driver wasn’t drunk or under the influence of drugs.

And yet, that is what’s happening in a recent case in Boca Raton, in which one speeding driver, a Palm Beach State College student, was sentenced to four years in prison for his part in a multi-vehicle crash that led to the death of a 57-year-old woman. Defendant had actually faced 15 years, and if he violates his probation after release, he could be re-sentenced to that amount of time. His co-defendant, who is still awaiting trial, could also face a 15-year term.

Both men, in their early 20s, were alleged to have been excessively speeding. Authorities said the two, who didn’t know each other before that day, were racing one another on a busy road during rush hour.
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September 20, 2013

Florida Juvenile Traffic Offenses: Potential for Long-Lasting Consequences

By The Law Offices of Richard Ansara, P.A.

Police in Boynton Beach recently arrested a 14-year-old girl and a 35-year-old man after the two were stopped in a stolen vehicle, which was being driven by the underage, non-licensed girl.

Authorities say the girl was invited by the man to drive the vehicle after the two met at a party in Delray Beach. The girl would later say she had no idea the vehicle was stolen.

Our Palm Beach juvenile defense attorneys know that while this young driver could potentially be barred from obtaining a driver’s license until she’s 18, this does appear to be a situation in which a youth was strongly influenced by an older individual. That could factor into the judge’s determination of how harshly she should be treated. It’s plausible an argument could even be made that she was a victim in this case.
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September 3, 2013

Florida Road Rage Case Could End in Felony Conviction

By The Law Offices of Richard Ansara, P.A.

An alleged case of road rage in Boca Raton has resulted in a Coconut Creek man facing felony charges of aggravated assault after authorities say he pointed a gun at another driver on I-95.

Our Fort Lauderdale criminal traffic defense lawyers know that a recently-passed Florida law, which went into effect July 1, 2013, penalizes drivers who prompt road rage with slow driving.

A person poking along at more than 10 miles below the speed limit in the left lane of a multiple-lane highway or road while another vehicle is approaching from behind will face a $60 fine. The ticket received will also have the same effect on one’s driver’s license as a speeding ticket, which could inevitably drive up insurance rates.
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