Fort Lauderdale Criminal Attorney Blog

October 1, 2012

“Stand Your Ground” Applied to Broward Nightclub Shooting

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

Prosecutors have declined to press charges against a 50-year-old man who shot a 33-year-old outside a nightclub in March, saying the shooting was justified under Florida’s “Stand Your Ground” law.

Fort Lauderdale criminal defense lawyers know that the law has gained a great deal of notoriety in the last year due to the Trayvon Martin case, in which the 16-year-old black male was shot by white/Hispanic neighborhood watch volunteer George Zimmerman in northern Florida. Advocacy groups decried the subsequent decision by police not to file charges, citing the “Stand Your Ground” law. A special prosecutor was eventually appointed in that case, and Zimmerman is now facing charges.

But “Stand Your Ground” has historically been seen as a defense to physical assault or homicide that occurs at or near one’s home. It isn’t typically applied to bar-room brawls, but this case shows that in certain circumstances, it can be.

Coincidentally, this incident occurred in March, the same month Zimmerman shot Martin.

In this case, the Sun Sentinel reports, the older man fired his gun outside of Mangos nightclub, after the younger man attacked him physically. According to Broward County Sheriff’s deputies, the older man’s two teenage sons were waiting to meet up with their dad when a 33-year-old walked by and tossed a used tissue at their car. When the boys met up with their father, he walked with them inside the club to demand an apology. It’s not clear if they got it, but the man and his two sons then left, him heading in one direction and his sons in another.

However, the tissue-tosser soon followed the older man across the street. Once there, he stripped off his shirt, a recognized signal that he was prepared to start a physical fight.

The older man warned the younger to stop, keep away from him and that he was armed with a gun. That reportedly did not stop the younger man, who then tackled the older man to the ground and began barraging him with punches. Witnesses reported that the younger man was “really hurting” the older man. At that point, the older man reached for his gun and fired a single shot at the younger man’s chest.

The older man reportedly had a concealed weapons permit and remained at the scene to speak to police, who noted he had multiple bruises and dried blood near his nose.

Prosecutors, in declining to file charges against the older man, cited too the mens’ sizes – the older man was 5’7, while the younger man was 6’1 and nearly 240 pounds.

The “Stand Your Ground Law” is located in Florida Statute 776.013. It states that if a person is held in reasonable fear of imminent peril of great bodily harm to himself or herself or another person, they are justified in taking action that may cause death or great bodily harm. There are multiple stipulations in the law, but that’s essentially the crux of it.

If you have questions about whether your case may fall under the Stand Your Ground statute, we can help.
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September 29, 2012

FL Man Arrested For Battery, DV Strangulation, Mischief

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

When it comes to domestic violence arrests in Florida, there is no one-size-fits all charge.

The fact is, prosecutors have a host of varying options to choose from when it comes to charging, and it’s all based on the specific evidence available in each individual case.

This is where having a Fort Lauderdale criminal defense attorney who specializes in domestic violence cases becomes especially important. It’s one thing to generally know the potential defenses in a criminal case, but it’s another to be well-familiarized with the ins-and-outs of a specific area of law.

Choosing a defense attorney who is armed with this knowledge can be critical to ensuring the best possible outcome based on your circumstances.

This case involved a 40-year-old West Palm Beach man and his 38-year-old live-in girlfriend of four months. Investigators arrested the suspect on charges of domestic battery by strangulation, aggravated battery with a deadly weapon, criminal mischief and resisting police officers with violence.

Authorities were reportedly alerted to the case by hospital staff, who were treating the woman days after the alleged attack. She told investigators she hadn’t sought treatment earlier because she feared the legal consequences her boyfriend might face.

Investigators say that the man had been consuming alcohol throughout the day, and when evening fell, he began to argue with his girlfriend. She then reportedly went outside and he followed her. At this point, she contends he began hitting her in the back of the neck with his fists.

The woman was reportedly able to get away and went back inside to get her phone, purse and keys from a bedroom. The defendant then allegedly closed the door behind him, hit the woman on both ears with the palms of his hands. She claims he also took her phone and smashed it on the ground.

She said he then grabbed her by the neck, and opened a pocket knife, which he held to her neck, while saying that he intended to kill her and bury her in the backyard.

Again, she was able to break away and sought shelter with a neighbor.

Domestic violence by strangulation is defined in Florida Statute 784.041(2)(a), which states that the defendant must have knowingly and with intention and against the other person’s will “impede normal breathing or strangulation or circulation of the blood” to either a family member or a person living in the same house or to someone he or she is dating. This act must be such that it creates the risk of serious bodily harm by applying pressure to either the neck or throat or by blocking the mouth or nose of the other person.

This is a third-degree felony charge, which means it’s punishable by up to 5 years in prison.

In this case, it’s not clear what evidence police have to prove that this charge applies. At no point did the report say that the alleged victim was unable to breathe. Furthermore, the delay in reporting the case has more than likely resulted in the disintegration of evidence that would have been vital to the prosecution’s case.

Nonetheless, the seriousness of these allegations warrants the help of an attorney with experience in defending domestic violence cases.
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September 25, 2012

Woman Arrested in Boynton Beach Domestic Violence for Stabbing Young Brother

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

So often when we talk about domestic violence in the criminal sense, we picture a man lashing out at a woman with whom he’s romantically involved.

But our Fort Lauderdale criminal defense lawyers know that under the actual definition of the law, there are many other scenarios that qualify.

Such was the incident between a brother and sister who quarreled over the boy’s annoyance of his older sister.

According to the Sun Sentinel, the 18-year-old sister was watching a movie with her cousin. Her brother charged into the room with a laundry basket on his head, in a clear attempt to annoy the two women. When the sister yelled at him to leave the room, the 12-year-old boy refused.

This is where the argument escalated.

Police say the 18-year-old tackled her younger brother to the ground and then kicked him in the head while he was on the floor and scratched his back. At some point during the altercation, police say the woman grabbed a knife from the kitchen and stabbed her younger brother in the shoulder.

At that point, an older brother stepped in, grabbed the boy and dragged him to a bedroom, locking the door behind them.

However, the sister then kicked the door in. The boy grabbed a machete that was in the room in an effort to defend himself. It’s unclear whether the woman sustained any injuries as a result.

At that point, someone in the house contacted police.

Investigators at the scene took the knife and machete as evidence and photographed the damage to the door, as well as the welts and bruises that were forming on the boy’s body.

The woman later told police that she had only grabbed the knife in an effort to defend herself. She was nonetheless booked on charges of aggravated assault and child abuse.

These are two very serious charges, and whether this woman is convicted will depend a great deal on a number of factors, including:

–The statements made by witnesses about who was the aggressor in the situation;
–How the two involved parties’ statements conflict with the witness statements;
–The extend of the injuries to each party;
–The size of the two individuals involved;
–Is the boy’s statement consistent with the one he gave at the time of arrest.

Each of these will be weighed by the defense attorney to determine the best course of action.

What may not help this woman’s case is that she was arrested in 2008 for aggravated assault. It’s not clear, however, whether she was convicted.

Aggravated battery, as defined in Florida Statute 784.045 is when a person knowingly or intentionally causes great bodily harm or permanent disability or disfigurement or uses a deadly weapon. This is a second-degree felony, which is punishable by a maximum of 15 years in prison.

Child abuse is an equally serious offense, as defined in Florida Statute 827.03. It is essentially defined as the intentional infliction of physical or mental injury upon a child. It can be charged as either a second or third degree felony, depending on the extend of the child’s injuries and the intention of the alleged aggressor. As a third-degree felony, it would be punishable by a maximum of five years in prison.

The court may also take into consideration the age of the parties involved. Although the aggressor is technically an adult, she is not a great deal older than the alleged victim. There is no legal provision for this, but it is something the court may weigh.
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September 20, 2012

Woman’s Recent DUI Marks 19th Arrest

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

Most people facing DUI charges are terrified because it’s the first time they’ve ever become entangled in the criminal justice system.

Not so for a 29-year-old Florida woman, whose recent DUI arrest is her 19th since she became an adult.

Fort Lauderdale criminal defense attorneys know that cases such as this require a special level of skill. Of course, each case is to be decided based on its own facts and merits, but the problem is that someone with such an extensive history doesn’t elicit much sympathy from the court. What’s more, enhanced sentencing laws are such that arrests for even relatively minor crimes can be met with harsh penalties.

We don’t know what this defendant’s prior crimes were, but if she was convicted of prior felonies, she could be classified as a habitual felony offender under Florida Statute 775.084. This statutes specifies that someone may receive this classification if:

1. He or she has been convicted of any combination of two or more felonies in the state;
2. The felony for which the defendant is currently being sentenced occurred either while in prison on a previous felony offense or while the person was on parole or probation;
3. The previous felony conviction happened within five years of the most recent charge or within five years of the individual’s release from community control or supervision.

This classification does not require that the previous felony convictions were for violent offenses (that is a different classification).

Habitual felony offenders face sentences that are effectively doubled. So if you are convicted of a third-degree felony, which carries a 5-year maximum sentence, you would be facing a 10-year maximum as a habitual offender.

Similarly, if you were convicted of a second-degree felony, which normally carries a 15-year maximum, you would instead be facing a 30-year maximum.

That’s why it’s so important for someone with prior convictions facing new felony charges to secure an experienced attorney. The key will be, if possible, working to negotiate lesser charges or fewer of them.

In this case, the defendant was pulled over in Charlotte County for reportedly driving erratically. The deputy reportedly recognized her from previous encounters, and knew that she had a suspended license. She declined to participate in any field sobriety tests and also refused to be searched by the deputy at the time of arrest.

As she was being processed at the jail, she was asked whether she had anything illegal on her. She replied no. However, in the course of conducting a search prior to her intake, deputies found about 24 Xanax pills.

She was subsequently charged with DUI, driving under a suspended license, resisting an officer, possession of Xanax and introduction of contraband into a county jail. That last one is a third-degree felony, as defined in Florida Statute 951.22.

In her mug shot, she displays a breezy smile. It may be time to get serious about building a strong defense.
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September 10, 2012

Broward Domestic Violence: When Both Parties Are Aggressors

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

The headlines detailing a physical argument between a boyfriend and girlfriend at a local casino blared the words, “mutual combat.”

Indeed, Fort Lauderdale domestic violence attorneys noted the pair both had apparent bruises in their mug shots – he with a cut under his eye, and she with a bruise to her forehead.

But in terms of domestic violence law, is there such a thing as a “mutual combat” defense?

Yes, and no.

You wouldn’t actually call it “mutual combat.” Instead, you would explain it as self-defense during a mutual struggle.

Self defense is a valid defense to a domestic violence charge, but your defense attorney must convincingly make a case to the judge, based on available evidence. This is before the case would ever go to trial. In instances of mutual struggle, your defense attorney may be able to persuade prosecutors not to formally file criminal charges, based on the fact that both parties were equally aggressive toward one another.

Domestic violence is defined in Florida Statute 741.28 as the assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking, sexual battery, sexual assault, false imprisonment or kidnapping that results in physical injury or death of a family or household member by another family or household member.

In this case, the Sun Sentinel reports that the pair had spent the evening in Hollywood at the Seminole Hard Rock Hotel & Casino. As they were preparing to leave, there was a disagreement about who would do the actual driving back to their shared residence.

A pint glass was reportedly thrown by the woman at the man. She missed. Police were called. But the argument had reportedly escalated by the time officers arrived. Investigators say the woman bit her boyfriend’s thumb, leaving teeth mark imprints.

The man told officers he tried to quash the violence, but witnesses said he put his girlfriend in a headlock and rammed her head into a nearby car.

The two 28-year-olds were arrested, both charged with battery domestic violence. The woman is additionally facing charges of aggravated assault with a deadly weapon without intent to kill.

They were booked with bonds set at $10,000 and $11,000.

Generally speaking, the law says you are allowed to use force against someone if you or someone else is about to be injured by that person.

The greatest problem with this defense is that you are, in essence, admitting to the court that you did commit an assault and/or battery. This means you are essentially proving the prosecutor’s case. This means in order for it to be effective, you have to prove that the other party was the aggressor and that you feared yourself in danger of harm. If the jury or judge does not believe you, this would essentially be an automatic conviction.

They key in these cases is being able to express what happened in an eloquent, convincing way. This is where having an experienced attorney on your side becomes critical.
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August 30, 2012

Florida DUI Cases Tossed After Checkpoint Deemed Illegal

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

A number of DUI arrests have been tossed after a checkpoint held late last year in Pasco County was determined to be illegal.

Broward DUI lawyers know that the U.S. Supreme Court ruled way back in 1990 that checkpoints were legal. It was a 6-3 decision, and it was a blow to those who sought to defend Fourth Amendment rights against unreasonable search and seizure.

The court had determined that the goal of removing impaired drivers from the road outweighed the privacy rights of drivers. Some states have subsequently outlawed the practice under their own constitution, but Florida is not one of those.

Florida law enforcement agencies conduct these checkpoints with a fair amount of regularity – about 15 to 20 times each month, according to the Governors’ Highway Safety Association.

However, that 1990 federal Supreme Court ruling came with some very specific provisions about how checkpoints must be carried out.

One of those provisions is that the stops conducted during the checkpoint can’t be random. For example, police have to establish a plan ahead of time to show that they stopped every third car or every fourth car – as opposed to simply stopping and searching whomever they felt like.

The reason for this is simple: It helps avoid profiling. So an officer can’t stop you just because you have a political bumper sticker that the cops don’t like or because of your race or ethnicity.

If they fail to do this, the checkpoint may be deemed unconstitutional, and all arrests are subsequently invalid. Most law enforcement agencies will file a plan ahead of time, indicating their method of search.

Pasco county officials did this, saying they were going to stop every third car that came through the checkpoint.

According to the local television media, the checkpoint was a collaboration between the Florida Highway Patrol, Pasco County sheriff’s deputies and Tarpon Springs Police Department.

The problem was, video from the officers’ dash cameras showed that they were not following the plan that had been outlined ahead of time. In fact, they were corralling three to four vehicles at a time – rather than every third vehicle, as was the plan. This is a clear constitutional violation.

You would think that presented with this evidence, prosecutors would simply drop the cases. But they didn’t do so without a fight. Instead, they had the officers involved sign an affidavit indicating that the checkpoint was carried out according to the guidelines set forth by the Supreme Court. But this was a lie, as the video clearly showed.

It wasn’t until a local defense attorney continued to press the issue, insisting prosecutors look more closely at the video, that they ultimately conceded and agreed to drop all prosecutions relating to that checkpoint.

When asked later for comment, prosecutors said they “missed” any indication that the stops were not legal when they first watch the video. Furthermore, police agencies said they had “no idea” they were not complying with the law.

So, either they were not being truthful or they don’t know the law. Either way, they were zealous about moving forward with these cases until one of the defense attorneys simply wouldn’t drop it.

And this is why it’s so critical if you’re arrested for DUI during a Broward sobriety checkpoint that you hire a skilled attorney. There are many technical basis for which an attorney can file a motion to suppress. If granted, it means any evidence that was improperly collected (i.e., in the course of an illegal search) may not be used against you. In these cases, prosecutors had no choice but to drop the charges because without evidence collected during the course of the stop, they had no case.
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August 16, 2012

Miami Dolphins Player Cut From Team After DV Arrest

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

A domestic violence arrest can have far-reaching consequences, as former Miami Dolphins wide receiver Chad Johnson has recently learned.

Fort Lauderdale criminal defense lawyers understand the situation dominoed for the professional football player after an argument with his wife earlier this month.

According to the Sun-Sentinel, he could be facing a misdemeanor domestic violence charge, though it will be the state attorney’s office that will decide whether to formally file charges.

Apparently, the pair were arguing because Johnson’s wife found a receipt for condoms in his vehicle. Broward police officials say that the verbal argument escalated, and that Johnson reportedly leaned over to his wife and head-butted her, causing her to suffer a three-inch gash on her forehead.

She reportedly fled to the home of a neighbor, who called 911. Interestingly, according to the New York Daily News, the neighbor requested that officers “keep it quiet” and “not to make a big scene,” as it involved a high-profile individual. Of course, requests like this almost always go unheeded.

The 34-year-old player was charged with simply battery domestic violence.

Once word made it to the media, the news went national – and the repercussions began. He at first released a statement saying that it was his wife who had head-butted him, and that he drove away to allow her to calm down.

However, she quickly refuted that and subsequently filed for divorce. Then, VH1 dropped a reality show about the pair, which was slated to debut in September. Then, the Miami Dolphins, who had just signed him for $925,000 a year, terminated his contract.

Though he has not been arrested since he began playing the sport professionally in 2001, he was arrested in college in connection with a domestic dispute.

This is an extreme example of how allegations can quickly affect almost every aspect of your life. Most of us don’t have pending reality shows or NFL contracts – but we do have jobs and children and family relationships that can all be damaged or even severed simply by the allegation. That’s why having an experienced lawyer on your side is so critical in these cases. It’s not just about your reputation, it’s about your freedom and your future.

This case, like so many other Fort Lauderdale domestic violence cases, hinges largely on one person’s word against another person’s word.

Simple battery is considered a first-degree misdemeanor under Florida law, which means it’s punishable by up to 1 year in jail, 1 year of probation and a $1,000 fine. The basic definition is that you intentionally touched or struck someone else against their will or that you intentionally caused bodily harm to another person. It can be something as minor as grabbing someone’s arm. It’s not necessary to the prosecution that the individual actually be injured, though it will bolster the case if the alleged victim does show physical signs of injury.

With domestic violence battery, which is defined as any battery committed against a spouse, family member, household member or someone with home you share a biological child, you face additional penalties. These include a mandatory minimum of five days in jail, completion of a 29-week batterers’ intervention program and you will be ineligible to have the arrest ever expunged or sealed.
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August 10, 2012

Child Neglect Charges Accompany Broward DUI When Kids Present

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

A woman in northern Florida was arrested for DUI with eight children in her vehicle.

In addition to charges of driving under the influence, she is also accused of eight counts of child neglect.

Fort Lauderdale DUI defense lawyers know that while this is an extreme example, it’s not uncommon to face additional charges in DUI cases when children are in the vehicle at the time of your arrest.

Child neglect, as defined in Florida Statute 827.03 is a caregiver’s failure or omission to provide care, supervision and services necessary to maintain a child’s mental and physical health or failure to take reasonable efforts to protect a child from abuse, neglect or exploitation. This also means that if you are intoxicated behind the wheel, there are children in the car and you have another adult with you, that adult may also be charged with neglect.

In this case, the only adult in the car was a 32-year-old woman, who was reportedly involved in a minor crash. Police were called, and eight children were in the vehicle between the ages of 10 months and 14 years. Media reports indicate the woman’s blood alcohol level was 0.166 and she told officers that she was on her way to a nightclub.

This raises another point: You are under no obligation to tell the officer where you are coming from, where you are going or how much you’ve had to drink. More often than not, this only serves to hurt your case.

It makes the stakes of your case higher, as not only are these likely to come into play in terms of child custody, but the charge is also a third-degree felony, punishable by up to five years in prison and a $5,000 fine – for each charge.

In some cases, the best defense in these scenarios is to prove that you did not meet the legal definition of intoxication at the time of your arrest. In order to do this, you need an experienced criminal defense lawyer.

Legal intoxication means that you had a blood alcohol content of 0.08 percent at the time of your arrest. Police have a number of ways in which they try to prove that you were intoxicated, the most damning of which are often breathalyzer or blood tests.

It’s important to note that in Florida, we have what is called “implied consent.” That means that if you refuse to submit to chemical testing, you will automatically lose your license for six months. But you have to weigh the consequences here. If you know for certain you could pass the test, go ahead and take it. However, if you have children in the vehicle with you, it’s important to understand that you will likely be facing additional child neglect charges, which are felonies. In these situations, you may opt not to take the test, take the automatic six months-suspension. You may still be charged with neglect, but your defense attorney will have a better chance at fighting the DUI charge – and therefore the neglect charges – if you give prosecutors less evidence with which to work.

The same goes for submission to field sobriety tests. These are highly subjective and you are not required by state law to submit to it. However, you should understand that your refusal will likely draw the officer’s suspicion. So if you are certain you will pass it, go ahead and take it. If not, it’s best to request to contact your attorney before submitting to any testing or answering any questions.
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July 25, 2012

Domestic Violence Allegations Require Fort Lauderdale Defense

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

The arrest of a Florida corrections officer on charges that he battered his girlfriend, once again raises the issue of how an arrest – let alone a conviction – can mar a person’s reputation or destroy a career.

Fort Lauderdale criminal defense attorneys understand that this fact is one reason why domestic violence victims don’t come forward. However, it’s equally the case that spouses of those in law enforcement know how much such an allegation can hurt, and often use it as a form of revenge.

Because responding officers frequently feel compelled to take some form of action and they have little to go on except one person’s word against another person’s, domestic violence arrests are often made without a great deal of evidence. Police agencies want to relieve themselves of any liability if something more serious does occur later on, and therefore, someone is most likely going to jail.

Unfortunately, even if an alleged victim later tries to recant their story, a case can sometimes still move forward.

At the very least, a domestic violence arrest is going to put a law enforcement professional’s career on hold. At worst, it can end it. Having an experienced and aggressive defense lawyer is your best bet for a more favorable outcome.

False allegations most typically arise in situations where the couple is embroiled in a break-up or a situation of infidelity. Some men falsely accused of domestic violence may choose not to fight back because they feel it may be somehow deserved due to the way a relationship is ending. This is a mistake, however. Even being a jerk doesn’t make you a criminal, and a conviction on a charge of domestic violence is going to haunt you for the rest of your life – long after you’ve both moved on from one another.

For those in law enforcement or the military, it can mean the end of a career. For anyone convicted, it can me a revocation of their right to own firearms.

Other false allegations may stem from a situation of self-defense. For example, the female half may attack her boyfriend or husband, who then uses reasonable force to fend her off or protect himself. Police may use that as probable cause to arrest the husband. Medical reports, witness statements, physical evidence at the scene and peripheral circumstantial evidence can sometimes be used to combat allegations in these scenarios.

Another element that may work in your favor could be the consumption of alcohol by the alleged victim. It’s not always an effective defense, but there may be some cases in which it can be proven that an alleged victim’s testimony can’t be considered reliable, based on his or her consumption of alcohol or other substances at the time of the incident.

In the recent case of the Florida corrections officer’s arrest, the pair were reportedly staying at a hotel when they became engaged in a verbal argument. The girlfriend left the room and he later told deputies that he followed her.

The pair continued their argument outside. Witnesses said that when the victim attempted to walk away, the corrections officer reportedly yanked her arm to pull her back toward him. This allegedly caused bruising to her arm. She subsequently was able to walk away.

Nearby witnesses contacted police, who arrested the corrections officer on charges of domestic violence battery, as defined in FL Statute 741.28.
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July 20, 2012

More People Fighting Traffic Tickets in Broward, Palm Beach

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

South Florida traffic tickets are becoming less of a commonality these days, according to a recent report by The Sun-Sentinel. But part of the likely reason behind it has to do with the fact that more people are fighting them.

Palm Beach traffic ticket defense attorneys know that in years past, people might have simply paid the ticket because of the hassle, regardless of whether they were actually at fault. However, a sluggish economy has people counting every dime, and they can no longer afford to simply write it off – particularly when they haven’t done anything wrong.

The newspaper reports that the number of Palm Beach County traffic citations dipped to approximately 370,000 last year. That’s a steep decline compared to the nearly 400,000 issued the year before and the more than 430,000 given out in 2008.

It’s the same story in Broward County, where troopers issued about 480,000 traffic citations in 2011 – a dramatic decrease since 2007, when there were nearly 565,000 issued.

Across the state, there were roughly 4.3 million traffic citations issued last year. Contrast that with the 5.2 million handed out five years ago.

Some have speculated that part of this also has to do with the fact that people are simply driving less. That would agree with figures that also show auto accidents are down across the state. Gas prices and overall falling incomes have kept more people at home, shying away from entertainment activities such as shopping or taking vacations.

Theories abound whether less traffic on the road means that people are less likely to engage in risky driving behaviors. Some also surmise that budget cuts to police services have meant fewer officers on the road and that those officers who remain are less likely to give tickets because they know how much a violation could cost someone.

While it’s true that these might all play at least some role, the fact of the matter is that three years ago the state legislature bumped up fines for traveling between 15 and 19 miles over the speed limit from $198 to $233. Most of those are due within a month. At a time when people are struggling to pay basic expenses such as groceries and gas, they’re less likely to simply fork over the cash. And with insurance companies looking for any excuse to jack up your premiums, fighting a ticket is often the best option.

The decision of whether you should fight a traffic ticket should be discussed with your Fort Lauderdale traffic ticket attorney. Some things he or she may consider include:

1. What exactly are you charged with, and what elements of those violations can be proven?

2. Was the officer’s view of what happened obstructed by either stationary objects or other moving vehicles? You could argue that the officer’s line of sight prevented him or her from clearly seeing the alleged events.

3. Is it possible that the officer stopped the wrong vehicle? Particularly in heavy traffic, there is always the possibility that the officer mistook your vehicle for another similar one. You might be able to prove this particularly if there was some sort of curve in the road, a construction project or simply heavier traffic that could have prevented him or her from clearly identifying which vehicle was at fault.

4. Were speed limit or other traffic warning signs not appropriately visible?

Another element that may work in your favor if you choose to fight the ticket is if the officer simply fails to show up to court. Officers miss traffic court appearances all the time, so this is a real possibility that you may consider. In fact, just hiring an attorney to contest the charges is often enough to win a reduction or dismissal.
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