Tampa Criminal Defense Attorney, Leslie Sammis, discusses a recent case result in a possession of cannabis case with intent to sell case in Tampa, Hillsborough County, FL.
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Past successes do not guarantee future results.
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The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.
State Attorney's Office in Tampa, Hillsborough County, FL, DROPS All Charges on the Day of Trial.
Results in Case No. 2009-MM-017082 in Tampa Hillsborough County, FL before Lawrence M. Lefler, County Court Judge:
On October 26, 2009, the State Attorney's Office announces a "Nol Prosse" which means they dropped all charges on the day of jury selection. At the time, we had three motions pending: (1) a motion to suppressed based on a bad stop and prolonged detention; (2) a motion to dismissed based on lack of evidence of constructive possession; and (3) a notice of expiration of speedy trial which forced the prosecutor to pick a jury and proceed to trial on October 26, 2009, the last day of the 15 day recapture period.
Facts Leading to Case Being "Nol Prossed":
Our client was driving in Tampa when he was stopped by for not dimming his headlights. After the investigatory stop the officer determined that the head lights were not on high but were instead "improperly aimed." The officer then asked the driver and two passengers to search the vehicle. No drugs were found in plain view, but the Hillsborough County Sheriff did allegedly find marijuana which the officer thought was packaged in a manner consistent will the intention to sell the cannabis. Therefore the officer arrested our client for possession of cannabis with the intent to sell even through the amount of marijuana found was less than 20 grams.
After the arrest, the State Attorney's Office took 21 days to make a filing decision. During that time we discussed with the intake prosecutor the following motions that we could raise to prevent a successful prosecution:
Motion to suppress the initial stop since no traffic violation occurred, and no other legal basis existed to stop the vehicle;
Motion to suppress evidence since the detention was prolonged longer than necessary for the officer to figure out that he had no legal basis for the stop and/or figure out whether he was not going to issue a traffic citation;
Motion to suppress evidence since the detention was prolonged after the driver was told that no citation would be issued.
Motion to suppress warrantless search which was without free and voluntary consent, especially considering that under the circumstances, no free or voluntary consent was possible when three officers had surrounded the vehicle and continued the detention after allegedly telling the driver no citation would be issued.
Motion to dismiss or JOA motion because there was insufficient evidence of constructive possession as a matter of law when the driver was not the only person in the vehicle, no one claimed knowledge of the presence of the contraband, and the contraband was not in plain view.
Motion to dismiss or JOA motion because there was insufficient evidence to show that our client possessed the marijuana with the intention to sell solely because of the way it was packaged.
The intake prosecutor ultimately decided not to file the felony charges given all of the issues in the case, however the intake prosecutor did file charges for Possession of Cannabis less than 20 grams and Possession of Drug Paraphernalia.
In a misdemeanor case under Florida law, the speedy trial period is only 90 days. The period trial ran on September 25, 2009 which was before the first disposition court date. After the speedy time period ran out, we filed a notice of expiration of speedy trial on October 9, 2009. That same day we also filed a motion to suppress because of the bad stop, prolonged detention, and lack of probable cause for the arrest. We also filed a motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4) because the undisputed facts showed that despite the fact the marijuana was found in the vehicle, it was not in plain view and none of the occupants of the vehicle made any statements to claim ownership of the marijuana.
The Court scheduled a hearing on the notice of expiration of speedy trial within 5 business dates on October 15, 2009. At the hearing the Court was required to set the case for trial within 10 calendar days. At the hearing the Court ruled that it would hear the other motions immediately before trial and that a jury would be selected and sworn on October 26, 2009, the last day of the 15 day recapture period.
Instead of proceeding to trial on October 26, 2009, the State "nol prossed" or announced its desire to drop the charges of possession of marijuana and possession of drug paraphernalia. Our client was completely exonerated of all charges.
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Click here for more information on fighting possession of cannabis with intent to sell cases through the Tampa Bay and surrounding areas in Hillsborough County, Pinellas County, Polk County, Pasco County, Hernando County, or Manatee County, Florida. Call 813-250-0500 today to discuss your case with an attorney.
Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:
Past successes do not guarantee future results.
The facts and circumstances of your case may differ from the cases discussed in our recent case results.
Not all results are provided.
The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.
A Tampa woman received a letter from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) which notified her that her driving privilege was about to be suspended by the State of Florida for a period of three (3) months or ninety (90) days because she received eightteen (18) points on her driving record within 18 months under Florida Statutes Section 322.27(3).
One of the underlying tickets that caused the 90 day suspension of the driver's license was a speeding ticket with four (4) points from Pinellas County Traffic Court, North County Branch, 29582 U.S. 19 N., Clearwater; FL 33761. The Tampa woman had paid the ticket for the speeding not knowing that those four points would later cause the three month suspension. The Tampa woman travels for her work and is required to rent vehicles for business purposes. The three month suspension would have presented serious problems for the Tampa woman's ability to travel and perform her job.
Just one week after the Tampa woman hired the Sammis Law Firm, on February 23, 2009, a judge in North Pinellas County Traffic Court granted the Tampa woman's motion to vacate the conviction that caused the 3 month or 90 day suspension. The client was able to avoid the three month suspension for having 18 points in 18 months. The Tampa woman did not have to appear in court, and through her attorney, was able to resolve her case with a "withhold of adjudication" which did not put any points on her license, the same fines and costs already paid, although she is now required to take a four hour on-line driving improvement class within the next 30 days.
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The Florida DHSMV will not impose the suspension (if it has not already become effective) or will immediately lift the suspension (if it has already become effective) upon receiving a copy of the order that vacates the conviction. If your Florida driver's license is about to be suspended for excessive points, contact an experienced post-conviction attorney to discuss filing a motion to vacate one of the underlying offenses in Hillsborough County, Pinellas County, Polk County or Pasco County. Click here to find out more information about avoiding a suspension of your driver's license in Florida.
If you have received notice from the Florida DHSMV that your driver's license is about to be suspended because of too many points on your driving record, call 813-250-0500 to discuss your case with an attorney that focuses on helping Florida driver's protect their driver's license.
How do you become a habitual traffic offender in Florida? A Tampa woman received a criminal citation for Driving While License Suspended or Revoked with Knowledge (DWLSR) in 2006. The Tampa woman went to court and entered a plea to resolve the suspended license. The court accepted the Tampa woman's plea and "withheld adjudication" for the DWLSR offense.
Later in 2006, the woman received another citation for Driving While License Suspended or Revoked in Hillsborough County , this time without knowledge, which is a civil infraction that does not require a court date. The Tampa woman paid the DWLS without knowledge ticket.
In 2007, the Tampa woman goes to court for another charge of Driving while license suspended with knowledge and again receives a withhold of adjudication.
Although adjudication was withheld for two of these offenses, the Department of Motor Vehicles still counts the offenses as "convictions" for purposes of the habitual traffic offender statute, Section 322.27(5).
In late 2007 the Tampa woman receives a letter from the State of Florida Department of Highway Safety and Motor Vehicles which notifies her that her driving privilege is about to be revoked for five years as a habitual traffic offender because of the three "convictions" mentioned above. Continue below...
Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:
Past successes do not guarantee future results.
The facts and circumstances of your case may differ from the cases discussed in our recent case results.
Not all results are provided.
The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.
After suffering under the HTO suspension for more than one year the Tampa woman discovers that she is eligible to attempt to lift the HTO suspension with the help of an attorney. The Tampa woman hires the Sammis Law Firm to attempt to overturn or vacate one of the three underlying offenses that caused the Habitual Traffic Offender designation on January 29, 2009 (which is within two years of the last offense). A Tampa habitual traffic offender attorney from the Sammis Law Firm files a Rule 3.850 Motion which is heard by the Honorable James V. Dominguez, Judge of the Hillsborough County Court, Division A on February 9, 2009 (less than one month after the firm is retained to represent the Tampa woman). At the hearing the court grants the motion to vacate and rescheduled the final resolution of the case for March 26, 2008, which will give the Tampa woman time to get her driver's license reinstated after the HTO suspension is lifted.
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Many people suffer under the five year habitual traffic offender revocation in Florida not knowing that they can attempt to vacate (or clear) a prior underlying offense that caused the suspension. You must act quickly because the motion must be filed within certain time periods, and different post-conviction remedies are available either 30 days after the conviction, 60 days after the conviction, or 2 years after the conviction. If you have lost your Florida driver's license because of a habitual traffic offender revocation under Florida Statutes Section 322.27(5), contact an experienced criminal defense attorney to file and litigate a motion to vacate or set aside one of the convictions that caused your five year Florida Habitual Traffic Offender revocation.
Clink here for more information about hiring a TAMPA HABITUAL TRAFFIC OFFENDER ATTORNEY. Or call our office at 813-250-0500 to discuss your case today with an attorney that has a proven track record of success in fighting habitual traffic offender revocations.
A Tampa man's prior conviction for driving while license suspended (DWLS) without knowledge under Florida Statutes 322.34(1) was set vacated and set aside on December 23, 2008 at the Traffic Court Division, Floriland Business Center, in Tampa, Florida.
The vacated ticket for DWLS without knowledge was one of the three offenses that had caused the Tampa man to receive letter entitled "Order of License Revocation, Suspension or Cancellation" from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) Division of Driver Licenses. That letter from the DHSMV notified the Tampa man that his driving privilege was revoked be the State of Florida for a period of five (5) years because of Florida Statute 322.27(5), the Florida Habitual Traffic Offender Statute. This driver has previously represented himself in resolving several prior civil traffic infractions without completely understanding the legal consequences. By hiring an attorney he was able to lift that habitual traffic offender status, clearing the way for him to reinstate his license.
By vacating one of the underlying offenses for a driving while license suspended without knowledge ticket received in Hillsborough County, Florida, the man will now be able to reinstate his Florida driver's license without suffering under the five year habitual traffic offender suspension. After a habitual traffic offender suspension an individual must serve an entire one year of revocation (without any privilege to driver for any reason) before becoming eligible for a hearing on receiving a hardship license. Additionally, many auto insurance carriers classify a driver as high risk and require higher insurance premiums for at least the next 3 years after such a suspension.
If you have been arrested for driving while license suspended, contact a Tampa habitual traffic offender attorney at the Sammis Law Firm by calling 813-250-0500 for a free consultation to discuss your case before you go to court or pay the ticket. If you have already received notice from the DHSMV because of a driver license suspension, contact an Tampa criminal attorney to see if that suspension can be vacated or set aside so that you can clear the habitual traffic offender status.
If you have been ticketed for driving while your license was cancelled, suspended, or revoked, either with or without knowledge of the suspension, call our office to discuss your case with an experience Tampa criminal defense attorney before you go to court. Call 813-250-0500 to speak with an attorney at the Sammis Law Firm in Tampa, Florida. We offer free consultations which can help you decide whether you need an attorney, what a conviction may mean for your privilege to drive and insurance premiums, and how you may be able to avoid a conviction for driving on a suspended license.
Depending on the reason why your driver's license was suspended, you may be eligible for a "clerk's withhold" which is process of avoiding a conviction before the case even goes to arraignment. If you are eligible for a clerk's withhold, however, you must resolve your case for this disposition before the arraignment or the first court date. In other cases, you may have a valid defense to the charge which can result in the entire case being dismissed.
The charge of driving while license suspended (either with or without knowledge) is serious. A conviction can cause a dramatic increase in your insurance premiums for years to come. Most importantly, entering a plea or paying the ticket can cause you to receive a five year suspension of your driver's license as a Florida "Habitual Traffic Offender" if you have three criminal or civil infractions within a five (5) year period.
If you received a citation anywhere in the Tampa Bay area, including Tampa, St. Petersburg, or Clearwater, contact an experienced Tampa suspended license attorney to discuss your case or visit our website for more detailed information on driving while license suspended or revoked.
We represent individuals charged with the Florida offense of driving on a suspended license in Hillsborough County, Pinellas County, Polk County, Pasco County, Mantatee County and the surrounding areas throughout central Florida. The Florida traffic laws are complex and can cause collateral consequences that can effect you for years to come. Before you try and represent yourself without understanding all of the consequences, contact a Tampa criminal attorney for a free consultation to discuss all of your options for resolving your case. For many people, hiring the right attorney can save them money that might otherwise be paid in fines and increased insurance premiums.
Call 813-250-0500 to speak with an attorney today about what options you might have to fight your ticket for driving while license suspended.
Find out how you can get your driver's license reinstated after getting the habitual traffic offender status removed from your driving record. Call the Sammis Law Firm at 813-250-0500 to speak directly with an attorney about your case.
If you have received notice of a Florida Habitual Traffic Offender suspension from the Department of Motor Vehicles you must act quickly to preserve all of your rights to contest the suspension. An experienced Florida Habitual Traffic Offender (HTO) Attorney can file a motion to remove one or more of the underlying offenses that caused your suspension, especially if one of those offenses was for Driving While License Suspended.
The ideal time to hire an attorney to attack the underlying offense that cause the suspension is within 30 days of when you plead guilty or paid the ticket. However, you can contest the suspension up to two years after you were found guilty of one of the underlying offenses that caused the suspension. Many individuals in Florida are suffering the effects of a five year Habitual Traffic Offender suspension needlessly. A Tampa criminal attorney may be able to "undo" that underlying offense allowing you to then obtain a valid driver's license.
A motion for rehearing must usually be filed within 30 days after the conviction occurred (or 60 days with the court's permission, which is usually granted). Even if you are outside of the 30 to 60 day time period for a motion for rehearing, a post conviction motion called a Rule 3 or Rule 3.850 motion can be filed up to two years after the underlying offense.
In some cases it is necessary to request an administrative records review hearing with the DHSMV within 30 days after the Order of Revocation is issued. For more information, visit our Habitual Traffic Offender (HTO) website.
322.264 "Habitual traffic offender" defined.--A "habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period: (1) Three or more convictions of any one or more of the following offenses arising out of separate acts: (a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01; (c) Any felony in the commission of which a motor vehicle is used; (d) Driving a motor vehicle while his or her license is suspended or revoked; (e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or (f) Driving a commercial motor vehicle while his or her privilege is disqualified. (2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1). Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt them from being used for suspension or revocation under this section as a habitual offender. History.--s. 2, ch. 72-175; s. 21, ch. 73-331; s. 4, ch. 74-384; s. 8, ch. 84-359; s. 21, ch. 86-296; s. 21, ch. 89-282; ss. 11, 21, ch. 91-255; s. 13, ch. 97-96; s. 291, ch. 99-248.
Call an Tampa criminal attorney if you have been declared a Habitual Traffic Offender under Florida law for offenses that occurred in Hillsborough County, Pinellas County, Polk County, Pasco County, Sumter County, Lake County, Orange County, Manatee County or Sarasota County, call the Sammis Law Firm at 813-250-0500 to discuss the possibility of clearing your habitual traffic offender status so that you can reinstate your driver license.
If you have been arrested for driving with a license suspended, canceled or revoked contact an experienced Tampa driver license attorney to discuss ways to fight the case.
Under Florida Statute Section 322.34(2), in order to prove driving while license suspended, canceled or revoked with knowledge, the State must establish these elements beyond all reasonable doubt:
1. The accused knew that his license to drive was suspended, canceled or revoke, 2. While driving automobile on a public road within the State of Florida;
The issue of whether the accused had knowledge of the cancellation, suspension or revocation of the driver's license is a question to be determined by the jury from the evidence presented at trial.
Evidence that you knew that your Florida driver's license was suspended can include proof that the records of the Department of Highway Safety and Motor Vehicles (DHSMV) indicate notice of the revocation, cancellation or suspension was hand delivered to the accused.
Evidence that you knew your Florida's driver's license was suspended can include proof that the records of the DHSMV indicate that notice of the suspension, revocation, or cancellation was deposited in the mail and addressed to the accused at his last known address (but not in a case involving failure to pay a fine).
Evidence can include proof that the accused had previously been cited for DWLSR and his driver license had not thereafter been reinstated, then it may be shown that the accused knew of the suspension.
Evidence can include statements made by the accused that he knew his license was suspended, cancelled or revoked.
If you received a notice that your Florida Driver's license is about to be revoked for five years as a habitual traffic offender, contact a criminal defense attorney that fights to remove one of the underlying convictions in traffic court.
The attorneys at the Sammis Law Firm in Tampa, FL, represent clients throughout Clearwater and St. Petersburg, in Pinellas County, FL.
Read more about possible ways to reverse the HTO revocation.
Disclaimer: The Florida Bar does not review or approve case results for any lawyer's websites. If you would like to see the results we have obtained in the past and statements regarding the quality our work, you must read the disclaimer and request the additional information by clicking on the "I agree" button:
Past successes do not guarantee future results.
The facts and circumstances of your case may differ from the cases discussed in our recent case results.
Not all results are provided.
The results discussed are not necessarily representative of the results obtained in all cases because each case is different and must be evaluated and handled on its own merit.
The attorneys at the Sammis Law Firm in Tampa, FL, were successful in assisting a Tampa man avoid a five (5) year Habitual Traffic Offender ("HTO") Revocation. The revocation occurred because he previously represented himself in resolving three tickets for driving while license suspended that caused the HTO suspension. After the Tampa man received the "Order of License Revocation, Suspension, or Cancellation" he realized for the first time the drastic and costly consequences of entering a plea to those three underlying tickets. He contacted us shorting after he received the Order of Revocation so that he could protect his privilege to drive.
After reviewing his case, we filed a post-conviction motion to set aside his conviction in Clearwater, Pinellas County, Florida in North County Traffic Court. After reviewing the motion, the Court vacated (or erased) client's conviction for a driving while license suspended or revoked ticket without knowledge. The motion was granted just days before the Tampa man's driving privilege was scheduled to be revoked for five years as a habitual traffic offender. Once that conviction was set aside, the Florida Department of Highway Safety and Motor Vehicles was notified that they should not impose the five-year suspension.
The final result was that the Tampa man avoided a five-year Habitual Traffic Offender suspension. If you need more information about removing or vacating an offense that caused a Habitual Traffic Offender Five Year suspension contact a Florida Habitual Traffic Offender Attorney today to discuss your case in Hillsborough County, Pasco County, Polk County, Pinellas County, including the cities of Tampa, Plant City, St. Petersburg, Clearwater, New Port Richey, Dade City or Bartow, Florida.
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The best time to contact a Tampa habitual traffic offender attorney is as soon as you receive the Order of License Revocation, Suspension or Cancellation" from the Department of Highway Safety and Motor Vehicles, Division of Driver Licenses in Tallahassee.
However, you may still be eligible to have a prior underlying offense vacated up to two years (24 months) after the conviction occurred under certain circumstances. Many individuals suffer under the habitual traffic offender suspension, not knowing that they can fight the suspension.
Contact the Sammis Law Firm to discuss your case. Call 813-250-0500 today to speak with a Tampa Habitual Traffic Offender Attorney.
