Jacksonville Criminal Lawyer Blog

Jacksonville Traffic Violations to be Caught on Camera

Published on: May 12, 2008 | by Lasnetski Gihon Law

Fines for traffic violations may be issued as a result of video cameras at some of the more dangerous intersections in Jacksonville, Duval County, Florida. The Jacksonville City Council recently approved a plan to put video cameras at ten or more intersections in Jacksonville to catch drivers who run red lights, record their license plate numbers and issue a civil infraction (ranging from $125 to $300) to the owner of the vehicle that ran the red light. There are approximately three hundred cities in the United States that use cameras at intersections to catch drivers running red lights.

According to Florida law, local governments are not allowed to use pictures from cameras installed at intersections to issue traffic tickets. However, the few Florida cities that have such cameras and the cities like Jacksonville that have plans to install the cameras intend to circumvent the law by issuing civil infractions, or violations, instead of tickets. The end result is the same- a fine for the owner of the vehicle that runs the red light.

There are several criticisms of the red light cameras. While there is evidence that these red light cameras reduce the number of drivers who run red lights to some degree and slightly reduce the number of certain types of auto accidents, there is also evidence that the cameras actually increase rear end accidents. According to an article from MSNBC.com, there are numerous reports that suggest that the red light cameras cause drivers to slam on their brakes as they approach an intersection to avoid a fine which has resulted in an increase in the number of rear end accidents at these intersections with the cameras. The Federal Highway Administration’s first study of intersections with red light cameras found that there have been 14.9% more crashes at these intersections than what would have been expected at intersections without red light cameras.

Florida Proposed Law to Make Seat Belt Violation a Primary Offense Does Not Pass

Published on: May 12, 2008 | by Lasnetski Gihon Law

DUI (driving under the influence) arrests in Jacksonville, Duval County, Florida often start when a police officer pulls a driver over for some traffic violation. However, the failure of a driver to wear his or her seat belt cannot be the reason for pulling a driver over. Of course, a police officer can give a driver a ticket for not wearing a seat belt after pulling the driver over for another reason such as speeding or another moving traffic violation, but a police officer is not allowed to pull a driver over just because that driver is not wearing a seat belt.

In the most recent Florida legislative session, a proposed law that would make the failure to wear a seat belt a primary offense (in other words, a traffic violation that would permit a police officer to pull a driver over on that basis alone) did not pass. Of course, injury accident statistics overwhelmingly support the conclusion that wearing a seat belt is a good idea, and failing to wear a seat belt can still subject a driver to a fine. However, as of now, it is not a legal basis for pulling a driver over.

Jacksonville, Florida Women Charged with Crime of Prescription Fraud

Published on: May 10, 2008 | by Lasnetski Gihon Law

Three Jacksonville, Duval County, Florida women were recently arrested for the crime of prescription fraud according to www.Firstcoastnews.com. The three Jacksonville women are alleged to have obtained popular prescription drugs such as Oxycontin, Hydrocodone and Xanax worth over $50,000 illegally. According to a Jacksonville Sheriff’s Office report, the women allegedly used the insurance information of others and forged doctors’ prescriptions to obtain the drugs from CVS Pharmacy. Due to the large quantity of the prescription drugs, Jacksonville Sheriff’s Office officials believed that the prescription drugs were obtained for resale, rather than use.

As discussed previously on this Jacksonville Criminal Lawyer Blog, abuse of prescription drugs is becoming increasingly popular along with corresponding arrests for the crimes of prescription fraud and possession of illegal prescription drugs. This dangerous trend has become particularly more popular among kids.

Illegal use of prescription drugs, such as Oxycontin, in Florida has had serious effects. According to the Florida Department of Law Enforcement , through the first half of 2007, the drugs that caused the most deaths to Florida residents were prescription drugs. The Florida death toll from prescription drugs has risen since 2001. However, Florida is one of fifteen states that does not have a system in place to try to track the disbursement of prescription drugs. In addition to what was alleged in this Jacksonville, Florida case, one common way people obtain large quantities of illegal prescription drugs is by what is referred to as “doctor shopping.” This involves taking a prescription to various doctors who are not aware that the person already obtained the prescription drug previously from a separate doctor. Many states have a system in place to monitor when a person submits a prescription and obtains the drugs, but Florida currently does not.

Florida DUI Ignition Interlock Device Law

Published on: May 8, 2008 | by Lasnetski Gihon Law

Drunk driving in Jacksonville may now result in a relatively new device being installed in your car to detect your breath alcohol content before your car will start. If you have been arrested and then convicted for driving under the influence (DUI) in Jacksonville or anywhere else in Florida, you may be required to have an Ignition Interlock Device installed in your vehicle. An Ignition Interlock Device will prevent the vehicle from starting if the driver provides a breath sample with an alcohol content over 0.05. The devices are also equipped with retest capability for random testing while the vehicle is running. The results of the device testing is available via web-based reporting 24/7.

After a DUI conviction in Florida, a person may be required to have the Ignition Interlock Device installed if his or her driving privileges are reinstated pursuant to a permanent or restricted license or a limited driver’s license for work/business purposes. The driver’s license will be designated with a “P” restriction indicating that that the Ignition Interlock Device is required.

Those people convicted of DUI in Florida who are eligible to have their driver’s license reinstated but are required to have the Ignition Interlock Device installed must pay for the device. The costs for the device are listed here on the Florida Department of Highway Safety and Motor Vehicles website. If the person is unable to afford the cost of the device, he or she may attempt to have the fine associated with the DUI conviction reduced to help pay for the device.

Avoiding Copyright Infringement

Published on: May 8, 2008 | by Lasnetski Gihon Law

US-Cert and the United States Copyright Office have published information about the crime of copyright infringement and how to avoid committing and being prosecuted for that crime. The article can be located here.

Downloading music or movies without authorization and stealing software are obvious examples of copyright infringement crimes. However, this article along with the www.SecureFlorida.org website can help people identify and avoid other less obvious instances of copyright infringement.

Florida Criminal Case Illustrates Illegal Drug Search of Student at School

Published on: May 5, 2008 | by Lasnetski Gihon Law

A recent Florida criminal case involving the search of a student in whose wallet marijuana was found illustrates the standard for properly searching a student for drugs at school. According to the Florida appellate court, the search of the student was found to be in violation of the Fourth Amendment to the Constitution because the teacher did not have reasonable suspicion to believe that the student was in possession of the marijuana or other drugs.

The Fourth Amendment to the Constitution protects people from unreasonable searches and seizures. In schools, the standard for searching a student is more liberal, i.e. a teacher or school official can search a student if he or she has a “reasonable suspicion” that the student is in possession of marijuana, cocaine or any other illegal drug. That reasonable suspicion cannot just be a hunch or intuition. A search of the student for illegal drugs must be based upon specific and articulable facts that reasonably warrant the search. In other words, the teacher or school official must be able to point to actual facts and logical inferences that reasonably led him or her to believe that the student was in possession of illegal drugs before the student was searched.

In this recent Florida criminal case, a student walked into a classroom where he did not belong. The teacher asked the unauthorized student to leave and escorted him out of the classroom. When the teacher walked back into the classroom, she smelled an odor of marijuana for the first time. She then took the student to the principal’s office where his wallet was searched. A bag of marijuana was found inside.

DUI Arrest of Singer Scott Weiland

Published on: May 2, 2008 | by Lasnetski Gihon Law

Scott Weiland, who is is famous to some as the lead singer of the rock group Stone Temple Pilots, was recently sentenced to 192 hours in jail after his second arrest for DUI (driving under the influence of alcohol) in California. According to the police report, Weiland was involved in a one vehicle accident. When the police arrived, they noted that Weiland was showing “signs of impairment” although the police report does not specify what those signs of impairment were. The police report goes on to say that Weiland was given field sobriety tests, which he failed, although the report also does not specify what tests were given and how he failed. Weiland was then taken to jail where he refused the blood or urine tests that were offered by the police.

In Jacksonville, and everywhere else in Florida, Weiland’s DUI conviction (or drunk driving or DWI as the crime is often called) would subject him to, among other penalties, a fine of $500 – $1,000, jail time from 10 days to 9 months, probation of up to one year and a license suspension of 5 years if his second DUI occurred within 5 years of his first DUI conviction. If the second DUI conviction was more than 5 years from his first DUI conviction, the minimum jail time is one day and the license suspension period is 180 days to one year, among other penalties.

Also in Florida, refusing to submit to a blood or urine test as the police report indicates Weiland did subjects the person to an automatic license suspension of one year for a first refusal and 18 months for a second (or more) refusal of a blood or urine test.

Florida Law Proposed to Deport Illegal Immigrants in Prison Voluntarily

Published on: April 30, 2008 | by Lasnetski Gihon Law

The Florida Legislature is considering a law (Senate Bill 1086) that would allow illegal immigrants serving prison sentences to be deported under certain circumstances.

According to the proposed Florida law, prison inmates in Florida who have been convicted of a crime, have served at least half of their prison sentence and agree to be deported to their country of origin would be eligible for deportation. This proposed law would not result in any forced deportations of illegal immigrants. According to a recent article, there are approximately 5,000 illegal immigrants in Florida prisons.

The purpose of the Florida law is more for saving money and reducing overcrowding in prisons as opposed to addressing issues directly related to illegal immigrants. A similar law saved approximately $13 million in Arizona in 2007.

Jacksonville, Florida Drug Case Thrown Out Due to Illegal Stop

Published on: April 29, 2008 | by Lasnetski Gihon Law

In a recent Jacksonville, (Duval County) Florida criminal case, a conviction for possession of cocaine was thrown out because the court found that the police officer’s stop of the defendant’s vehicle was illegal in violation of the Fourth Amendment.

In this Jacksonville, Florida criminal case, a police officer stopped the defendant for driving a car with a cracked windshield. The police officer justified his stop on the idea that he could stop a vehicle with an obvious equipment malfunction. The police officer then searched the car and found cocaine inside. However, the appellate court found that the police officer did not have the right to stop the defendant’s car just because the car had a cracked windshield. Because the stop of the defendant’s car was not legal, the cocaine that was found in the car could not be used as evidence against the defendant in court and the conviction for possession of cocaine was thrown out.

The criminal defense lawyer successfully argued that while there is a law that requires each car to have a windshield, there is no law that deals with cracked windshields. The law does not authorize the police to stop any vehicle that has any equipment malfunction. If it did, the police could stop vehicles for dents, broken antennas and other minor malfunctions. The court noted that the law does not contemplate such broad reasons to stop a vehicle.

Jacksonville, Florida Area Assisted Living Facility Owner Arrested for Medicaid Fraud

Published on: April 27, 2008 | by Lasnetski Gihon Law

A Jacksonville, Florida owner of an assisted living facility (Adams Adult Family Care Home) was arrested last week for allegedly committing medicaid fraud. According to Florida Attorney General Bill McCollum, the Jacksonville assisted living facility owner submitted false claims in excess of $20,000 to the Florida Medicaid program and was arrested by the Attorney General’s Medicaid Fraud Control Unit. The assisted living facility owner is suspected of running the facility without the proper license. More specifically, the facility was only licensed to care for four adult residents, but the facility owner is suspected of having more than four residents, including child residents, and charging the Florida Medicaid program for 19 months of reimbursements for the unauthorized residents.

According to the State Medicaid Fraud Control Units most recent annual report covering fiscal year 2006 issued by the Department of Health and Human Services Office of Inspector General, the various state Medicaid Fraud Control Units (MFCU) were created to investigate and prosecute Medicaid fraud and patient abuse and neglect. In 2006, the various MFCU’s recovered more than $1.1 billion and obtained 1,226 criminal convictions pursuant to their investigations and prosecutions.

Medicaid is a federal program, but Florida, like each other state, is authorized to administer the program and set certain standards in terms of eligibility and reimbursements. Generally, medical providers and assisted living facilities that are enrolled in the Medicaid program can provide care and treatment to individuals and make a claim for reimbursement to the Florida Medicaid program. Medicaid fraud is often characterized by a situation where a provider enrolled in the Florida Medicaid program will submit a false claim for reimbursement for: services that were not actually rendered to residents or patients, services that were not necessary or not authorized under the program, medical equipment not provided to the patient or resident or amounts greater than the appropriate value of the service.