How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask SmithEsq Your Own Question

SmithEsq
SmithEsq, Attorney
Category: Traffic Law
Satisfied Customers: 114
Experience:  Criminal Law Attorney with extensive trial experience.
67917124
Type Your Traffic Law Question Here...
SmithEsq is online now
A new question is answered every 9 seconds

Traffic law in FL regarding wearing seat belt.

Customer Question

I need help with Traffic law in FL regarding wearing seat belt. I went to court this past Tuesday and thought I might get a fair hearing or at least the judge would listen. But she seems to want to show me who is in power and put me in my place. I went in with the intend to settle but she want me to pay. The ticket was $114.00 in GA is only $15. I knew in FL and GA this is fine only with no point. She told me either takes $114 and no point or hit the street. I was willing to pay half just to save time. Even as early as last week I want to fight and have a fair trial. I walk away from the court believe that the judge and officer just want to generate revenue for the city of Jacksonville FL. My court date is May 2 with the same female judge who I knew now would not be fair and side with the officer regardless of facts. How can I fight this? How would I get a fair trial? In the last 5 years I got 2 not wearing seatbelt ticket, and 1 speed ticket. And that would not look good. Since he beginning of 2012 I want to avoid no seatbelt ticket even is only $15.00 but it is a waste of money. And now this!!!


 


====================================


I have unlimited plan but willing to pay bonus for extra service or good service, you name your bonus.


====================================


 


 


Here is the background, some one please help.... On Jan 17, 2013, I had a minor car accident when I met Officer Brown around 8:15 AM. He helps write the accidental report. I went to work and felt dizziness, I asked my manager to leave so I can go home resting for the rest of the day. I left work around 11:30. I was driving very carefully, it was hard to focus but I manage my condition just fine. On the way home I met Officer Brown, he was driving he vehicle, he was in front of me on the other lane. He signal me to open my car window, I couldn’t because I had power-window problem, so I opened the door. He asked me if I was the same one that had car accident this morning that he helped; I confirmed then he waved his hand. Few minutes later I noticed him behind my car then turn on his official police flashing light, I pull over in a car dealer parking. He told me I was lucky early in the morning, but he must now give me a not seatbelt ticket, I told him I was wearing my seatbelt. But he did not listen and ask me for my driver license, then later give me the citation. Thanks Tam

Submitted: 1 year ago.
Category: Traffic Law
Expert:  SmithEsq replied 1 year ago.

SmithEsq :

Hi I am an attorney and will be assisting you with your question.

SmithEsq :

I want to be sure i understand your question. Can you clarify?

Customer :

yes

Customer :

good morning, thank you for taking my question, what do you need more info about?

Customer :

please send me an email and let me know when you back in chat room, the next 2 days I am not working and will be available from 8AM - 11PM thank you

Customer :

Good afternoon :-) Are you there?

SmithEsq :

Hi, I'm sorry I missed you yesterday. If you still require assistance i am available to assist you now

SmithEsq :

Or we can connect another time

SmithEsq :

I'm standing by awaiting your response.

SmithEsq :

I am a criminal defense attorney, hoping to work with you. The questions I had to clarify were as follows: To make sure I understand, You received a ticket in florida for not wearing a seat belt. Question one: Do you have a florida or Ga. license?

SmithEsq :

Second, when did you pay the ticket and did you receive a reicept from the court indicating you paid your fine. If not, you may go to the court clerk and obtain a "certificate of disposition." Not only does this document show that you have no outstanding criminal matters, you should also obtain a similar document from the department of motor vehicles which shows that your payment of the fine FULLY SATISFIES the ticket and that NOTHING FURTHER is requried of you. You probably want a print out indicating that your license is fully active and valid.

SmithEsq :

3) if your question is "Why doesn't my payment in Florida satisfy Georgia?" please let me know so I can cite the VTL which would make this conundrum legal.

SmithEsq :

Finally, when you are satisfied with the work I have provided for you, please rate my answer three or more stars so that I get credit for my work. Please ask as many follow up questions as you need to, even afterrating my answer. Please do not rate until you are satisfid.

SmithEsq :

Are you online right now/

Customer :

Sorry I missed you due to problem with this chat comm ... I am on since 3PM and could not connect with you!!! I have Valid GA license. I went to court with intent to settle but the judge give me no choice but plea not guilty!!! Ned some advice of handling this type of offense. First how do I have a fair trial, second if I go to court can the judge increase my fine plus assess points? I am working in FL but perm resident and DL from GA

Expert:  SmithEsq replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  SmithEsq replied 1 year ago.
I switched the format of our communication so that you can see my answers and i apologize that there were those technical problems of which I was just made aware. Please come here and continue to ask questions until you are satisfied.
Expert:  SmithEsq replied 1 year ago.

I finally got your information that you provided. Please give me a short time to conduct some research so that I can give you the most accurate answer possible and I will post what i find on here. Is that acceptable? One more clarifying note-the judge who you said would not allow you to plea to anything, that was the Fla. judge?

Customer: replied 1 year ago.

Yes ... I got ticket in FL. I believe her name isXXXXX but not 100% sure, she is in court room 411. She asked me several funny questions then making fun of my driving record, the proceed with the ful amount fine of $114.00. I was upset and want to fight it now! Already lost 2 unpaid working hours! Please help.

Expert:  SmithEsq replied 1 year ago.
I'm just checking in with you so you know I'm actively working on your case. One question/request-can you get a copy of the "certificate of disposition" or the paper that tells what the outcome of your "experience" was? You would have to go to the clerks office and it might cost $10-$15. Let me know if/when you get this.
Customer: replied 1 year ago.


Thank you. I got the CoD, what kind of info do you need on special disposition remake I saw 5.2.13 pam 411. with plea: Denied, continued to 5/2 9am #411 with witnesses (there were no witnesses except me, officer and god).


Thanks,


Tam

Expert:  SmithEsq replied 1 year ago.
Hi-I wanted to respond first thing this morning. From what you've written, it doesn't appear you've pled to anything. I'm going to look into the citations you provided but a proceeding would generally only continue to "5/4 with witnesses" if you we're attending a preliminary hearing or a trial. I'll look into it further.
Customer: replied 1 year ago.

I thought it was a hearing/trial but the police officer and/or state attorney was not there. And it willl continue on May 2, 2013 at 9AM. Thank you.

Customer: replied 1 year ago.

Good morning :-) I am still waiting. Did want to put any pressure on you but wondering will I hear from you by this weekend? Thank you.

Expert:  SmithEsq replied 1 year ago.
I'm sorry for the delay. It was a miscommunication on my part. I will be blew to work on this this am and continue our conversation then. Thank you for understanding. When reading your facts I was frankly taken aback by the audacity of this officer. The ticket he issued was allegedly for a violation he claims he saw earlier in the day when you had an accident? That is blatantly absurd. The key is finding the ticket issuance regulations that dictate the manner in which a ticket must be issued. I imagine I will find those details in the criminal procedure law. I look forward to getting back to you, and this, in just a little while.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0318/0318.htmlThat is the portion of the code dealing with penalties but let me tell you what I learned reading florida's statute. It declares that the officer issuing the non moving violation citation must give the citation to the defendant. "This is prima facie evidence that the infraction occurred." This did not occur in your case. When he cited you you were no longer committing a violation. Thus, the officer's presumption of veracity doesn't exist in your case, where he attempts to ticket you some time later, when he sees you by his good fortune. The violation can be found in chapter 316.614.(4)(b). This specification that the officer is presumed to have given you the I fraction by virtue of him ACTUALLY giving you the ticket is ABSENT here. Thus, there is no presumption that you were cited for a seatbelt violation because he didn't give you said ticket when the presumption would have been valid. I know this is a lot so please let me know if you have questions. It also states that you are entitled to a hearing if you don't pay the ticket. This is most likely what the next date is for. You can cross examine the officer on this issue at that time. What the judge probably dened was a straight dismissal. Thus, you get the hearing.
Customer: replied 1 year ago.

 


No problem J


 


I rather you got it right instead fast but misleading or wrong L


 


That is exactly my point. He was not there at the time the accident occurred. Plus I did not think it was fair for him to make that kind of statement. Like he did me a favor earlier and now decide to not able to grant another as one is the limit!!!


 


The judge also bias and unfair but she is the Queen in court and I am afraid of upset her. But I hope the law “forces” her to follow the rule.


 


If he saw me without seatbelt; he should have stop me instead of asking me about previous accident. After went away then turn right back, I hope he has a camera or video to support his facts. Most likely he does not or did but not saying so. So is my word against his and most likely the judge will side with him which is totally unfair. It is just $114.00 with no point and so far I have wasted 2 working hours and many more for the hearing. But I am fighting for the principle!


 


But I don’t know the law that is why I need your help and I will compensate you for your effort. I rather pay you than those bastards.


Expert:  SmithEsq replied 1 year ago.
Based on my research, which I've provided you, a ticket given after the fact in this manner should not be sufficient to uphold the legal presumption that the officer observed the offense, because, and this is the argument, the presumption that the officer witnessed the infraction ends when the interaction ends. Since no ticket was issued at the time he is referring to, you could argue there is a presumption NO infraction occurred. The fact that he LATER issued a summons, is suspect, but it is not your problem to figure out why he would do such a thing. THe basic issue is the infraction could have been issued earlier, you were available for him to give it to, right? He can't claim that he wanted to give you a ticket but couldn't. Therefore, this subsequent ticket should be deemed null and void, as it is out of time and place of the alleged occurrence. Remember I can't give you official legal advice, but the way I see it, thinking as a lawyer is like this. I hope this is helpful. Feel free to give me follow up questions. I will try to respond rapidly. Thank you again for your business!
Customer: replied 1 year ago.

 


On your response on 4/4 at 9:46 AM, you stated that you would need more time to do additional research.


 


“I will find those details in the criminal procedure law. I look forward to getting back to you, and this, in just a little while.


 


http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0318/0318.html


 


That is the portion of the code dealing with penalties.”


 


 


I assumed you would get back to me will clearer and more detail of what I need to prepare for my May 2 hearing date.


 


Let’s assumed this is all you got. I can take this and prepare my case.


 


But let’s play court hearing situations.


 


This is base on what I said that he told me. On that date if he said that he saw me not wearing seatbelt and issued me the ticket at the time I violate the law but he has no picture no video to support his side. And he said I did wear seatbelt. The judge would look at my driving record and yes during my 30 years of driving I did twice not wearing seatbelt. But I have no history of this officer if he ever makes up story to support his citations. SO the judge will have to make a decision with no real facts or related facts and most likely she would cite with the officer. This is unfair, but how am I going to fight this? Do you have any info that I can use to defend myself?


 


One final question, I thought the presumption of innocence until proven guilty and the officer must prove the charge against me beyond a reasonable doubt. Is that still the law of the land?

Expert:  SmithEsq replied 1 year ago.
I have A meeting in 5 minutes but I wanted to acknowledge that I received your reply and will address it tonight (after 10:30). I will aid in your perpetration and I will further cite for you the statutes that led to my analysis. So, tonight then.
Customer: replied 1 year ago.


Thank you! You are the best, XXXXX XXXXX be sign on around 10:30 PM EST if you needed me or more info. Have fun with your meeting.

Expert:  SmithEsq replied 1 year ago.

Hello-I wanted to let you know I'm online right now so please ask me any specific questions you might have. I have to unpack that seat belt statute and the infraction law again to present to you. SOrry if you have given me this information but what county in Florida did this occur? I easily found that if you were to just plea out, the ticket would cost you $30 and no points. but after that, if you fight the ticket, procedures vary amongst counties. I will gladly look into this for you as soon as you tell me the county. Since the majority of infractions fought are speeding tickets, finding information about no seat belt is more challenging...but I like a challenge. Look forward to hearing from you.

Customer: replied 1 year ago.


That is great if you can do that. The ticket was issued in Jacksonville FL in Duval county.


 


Thank you for your help.

Expert:  SmithEsq replied 1 year ago.
The citation you received in Duval County is also known as a traffic civil citation. It is a non moving violation and a court hearing is not automatic. If you elect not to pay the prescribed amount you must request a hearing. Here is the facts I found on the Duval County site:


"You can request a court hearing in person, in writing, or on our website. The Clerk's Office must receive your request in writing 90 calendar days of the date the officer issued the citation. If you request a court hearing after the 90 calendar days of the date the citation was issued, you automatically waive your right to a speedy trial. Please visit or send your request to our mailing address.

If you appear in court, you waive your right to paying the civil penalty amount. The Judge can fine you up to $1,000.00. The Judge can also order you to attend driver improvement school and/or pay a penalty. If you fail to attend a requested hearing, it may result in a driver's license suspension; or the Judge can hear your case without you being present. The Clerk's office will notify you of the Judge's decision.

If it is impossible or impractical for you to appear in court in person, you may be eligible to elect a court hearing by affidavit. If eligible, upon request the Clerk's Office can mail you an Affidavit of Defense to complete and instructions for posting a bond in lieu of your appearance. This form must be notarized and the applicable bond amount must be submitted. The Judge will read the affidavit in the courtroom. The officer and any witnesses may testify and the Judge will render a verdict. The Clerk's Office will notify you by mail of the disposition of your citation."


My concern for you is that requesting the hearing nullifies the maximum fine all the way up to $1,000. In your situation, where you have something of a history of this type of thing, it would concern me that your past would be reason for the judge to elevate the fine over the $114. Even though you may be clearly in the right, it is up to you to decide if you want to take that gamble.
Customer: replied 1 year ago.

Wow, I am speechless …


 


Let me summarize what you just told me. Regardless of facts the judge can fine me base on my driving history alone and can fine me up to $1000.00.


 


What happen to the presumption of innocence until proven guilty! The officer did not have to show up or prove that I did it. And the judge was not there but able to make her decision base on no facts and my previous driving record!!!


 


Is this is Florida law or this type of logic is what we are facing with in this wonderful country – USA.


 


So why bother with the hearing or the law book, we just donate money to the city so the can build better court and pay the judge and the police officer!!!


 


Last, what about what you have told me last week that the officer has no right to issue me that ticket as it was after the fact!

Expert:  SmithEsq replied 1 year ago.
What I told you about the inadequacy of the ticket argument , is simply that, your argument, should you choose to fight it. I'm sorry to give you the information that, basically, if you fight it you are giving up your right to the civil penalty SHOULD YOU LOSE. It doesn't mean you will lose. But it's my job to tell you everything so that's what I'm doing. I think that's a crappy law and scares people into pleading and shouldn't be constitutional but that's how it is there in Fla.
Customer: replied 1 year ago.

Perhaps I misunderstood the info you have provided.

 

All I ask is just a fair hearing and a fair judge.

 

What is the point of fighting when you are facing with this stupid law that the judge can do whatever she please and completely disregarding the law or fairness!!! How could this happen is USA?


So give it to me straight, am I going to have a fair trail? They can jack the fine up to their eye ball if they wish, as long as they give me a fair trial, I game.


===========

Update: You also once told me, "I easily found that if you were to just plea out, the ticket would cost you $30 and no points", what happen to that? Is that a valid option for this stupid Florida state?

Expert:  SmithEsq replied 1 year ago.
When I searched by county I Lund the one was $114 b ut in other areas it was $30. $114 is in line with what you've been told, and its also what I eventually found. I'm not clairvoyant, I want to say that you're going to have a fair hearing and explain the circumstances, but I'm speaking as to what I would expect your lawyer to do and I honestly don't know how much leeway they'll give you. I wish I could tell you what the outcome will be but there's no way to do that. (Without a lawyer). All I can do is tell you what the statutes say and what that county says.
Customer: replied 1 year ago.


I am so upset reading your input/feedback/advice, could not believe this is the USA!!!


 


It is not you it is the stupid system that we elected those unfair judges to drive us nut!!!

Expert:  SmithEsq replied 1 year ago.
I know, believe me-I have to deal with injustices like this every day. I'm sorry to bear disappointing news.
Customer: replied 1 year ago.

After a good night sleep, I could not upset at the system but need to work within it with your help and knowledge, so please help me. I will fight this and hope for a fair judgment. I am thinking or planning to ask him me following questions during my trial:

 

Do you have any picture or concrete facts to support what you saw that I did not wearing my seatbelt or video. Do you have a video in your car? was it on when you stop me.

 

When did you notice that I did not wear seatbelt? Why did you stop me instead of asking was I the same one you stop earlier in the morning?

Why did it take 10 minutes to stop you?

 

Were you "seat belt enforcement" detail, "looking" to cite people for driving w/o a seatbelt. If so, how many seat belt tickets did you write that day?

 

How many seat belt tickets did you write on the day I got the ticket?

 

Was there any other traffic that obstructed your view so that you didn't see me wearing my seatbelt?

 

Why did you drove away then decide to turn back and cite me for not wearing seatbelt? Did you notice additional fact that make you decide to give me the ticket then?

 

Did you take times to listen to my explanation?

 

What condition was I when you stop me the first time and the second time when you give me the citation? Was I tired and sweating?

 

I need to be calm thru out the process.

 

Any additional questions I should ask? What is my chance base on what you knew?

 

What ever you could help that would be greatly appreciated.

Expert:  SmithEsq replied 1 year ago.
I'd be happy to continue to help you especially with your cross examination questions but I would ask kindly would you mind rating me before we continue? As you know you can ask unlimited follow up questions even after you rate and based on the work I've put in thus far would you be willing to rate me before we continue? I hate to be in this awkward position to ask you but it would really help me feel more comfortable going forward. Let me know what you think.
SmithEsq, Attorney
Category: Traffic Law
Satisfied Customers: 114
Experience: Criminal Law Attorney with extensive trial experience.
SmithEsq and 7 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.


Actually I think we did not finish or complete this question, but I respect your wish and rated you. so you would feel comfortable to continue ... looking forward to complete this issue and thank you for your times.

Expert:  SmithEsq replied 1 year ago.
i appreciate it greatly. I have a lot of ideas and opinions for your questions. I have to go to an appointment and expect to be back in a few hours at which time I will address your cross examination questions.
Expert:  SmithEsq replied 1 year ago.
I'm back from my appointment. If the officer fails to appear, there is a good chance the ticket will be dismissed based on the premise that you have the right to face your accuser. Please keep that in mind. I'm going to tell you some general tips about cross examination to help guide you because it is undoubtedly the most challenging part of any litigation and has rules as well as etiquette that should be followed. The main rule is always: Never ask a question to which you don't know the answer. That means no open ended questions. Therefore, any questions like "Have you done this before" or anything to which the answer is not YES or NO should not be asked unless you know answer. Furthermore, you want to paint the officer into the corner with his own testimony. For example, "You are an official police officer, correct?" (he says yes) "And part of your duties as a police officer is to perform traffic stops?" (yes) "And you issue traffic infractions, right?" (Yes) "In fact , issuing traffic citations is a large part of your job, isn't it?" (yes). "You would therefore be familiar with the protocol of issuing a basic traffic citation, wouldn't you?" (yes) "ISn't it a fact that standard protocol dictates that you, as a decorated officer, are to issue any traffic citations at the time you witness the infraction?" (He might start to squirm here but go with your argument that it's common sense. "It's not very complicated, is it officer? You witness an infraction and promptly give a citation?" "Yes thats standard" "But that didn't happen here, did it?" (At this point it doesn't matter what he says, you just keep going-let him answer but keep going. "You didn't give a citation after witnessing any crime did you?" "You didn't accidentally forget and chase down the defendant either, did you?" "Isn't it the truth that you didn't issue the citation in this case for over 10 minutes after you witnessed the vehicle in an accident which you permitted to leave without any citation whatsoever?"

These are just ideas to give you an idea how cross examination works and is more effective. I hope you find it helpful. The reason I asked you to rate was simply that I've been working on your case for almost 2 weeks, and while I understand you have unlimited questions, we, as experts don't get compensated differently so a 2 week question still only pays $16 and you can imagine how much this much legal information would cost in "real life." That being said, I am committed to you and your case as I stated I just wanted to clarify. Please let me know what you think about the cross!!!
Expert:  SmithEsq replied 1 year ago.
I see you viewed the answer but did not reply. I'm just curious, did you have any follow up questions? Did you find it useful?
Expert:  SmithEsq replied 1 year ago.
Still waiting to hear from you-just let me know if you need anything further.
Customer: replied 1 year ago.


I have limited access to computer right now and have other matters need to take care of ... I should be back in FL by Monday. Thank you

Expert:  SmithEsq replied 1 year ago.
No problem... I'll be here!
Customer: replied 1 year ago.

 


First of all, I have a family matter that took me away from Jacksonville … I am back and ready to receive your advice and fight this case as it is schedule for May 2. 2 weeks from today!!!


 


I trust your judgment but wish that you would get straight to the point how I can win this case or at least have a fair hearing.


 


What you have explained about cross examination is very useful, but I do not have years or even weeks to be expert at this. I just want to win this.


 


I have listed a bunch of questions and hope that you would advice or point me to a right direction.


 


BTW, I have no problem of rating you, and truly understood you would get pay 100 times more than that. But seriously I am a result oriented kind of person, and I also hope you are in it for fun and challenge not for the money. You will get compensate well base on the result of this case with bonus.


 


Please help.


Expert:  SmithEsq replied 1 year ago.
Rating me is no problem-I can't promise your outcome though. All I can do is give you sample questions, should you have a chance to ask any. Whether or not your hearing is "fair" will be judged by you but impossible to manipulate because judges like to talk and they don't like being questioned. If you go with your pack of information, unafraid, you have your best chance. I encourage you to read all the information I've given you-keep in mind we aren't allowed to give legal advice per the terms of this site, but I believe I've given you lads of information you can use. It's up to you now, you can print out our correspondence. I hope it gives you hope and confidence.
Customer: replied 1 year ago.

 


I have read all the info you have provided unless I miss something, please be kind to point them out. First you did give me hope that you seem to like good challenge. Then you start giving me bad news about the judge can fine me up to $1000.00 even without the officer show up just base solely on my previous driving record; then you finally give me some pointer on cross examination; I thought we are on to something; then now base on this last reply, it seem like your hands are tied and that is all you can advice or help.


 


I felt like I get a lot of running around and since March 29, after more than 2 weeks I am just little better than I was after I saw that judge.


 


But I do appreciate your times maybe that is just my luck.


 


 

Expert:  SmithEsq replied 1 year ago.
Wow, okay. I'd be happy to summarize what I think are the most important things based on all we have addressed. I have an appointment this morning and hopefully I'll get on and give you the clarification you seek. I strive for excellence but that sometimes doesn't mean I have great news. My work for you has nothing to do with me being disinterested or afraid of a challenge. Au contraire, I think I have shown you all sides of this thing-good and bad and then some. But I'm distressed that you are disappointed so let me work on a summary later today. I hope this will be satisfactory.
Customer: replied 1 year ago.

 

Great ... I think it is just a miscommunication and bad assumption. Great example, I never said that you are afraid of challenge nor even have a thought that you are afraid of challenge but you assumed I said that.

 

I am looking forward to receive your clarification.


Thank you for your times as always.

 

Thanks,

TAm

Expert:  SmithEsq replied 1 year ago.
Hi-yesterday I was held up all day but didn't forget about you! It's only 5;34 am right now so I will get online a little later with the summary I promised. I got a notification from a moderator that you were requesting me-I'm here for you. Sometimes things are out of my control though and might cause a delay but I will be with you as soon as possible. I'm not going to rush you an answer. I know you don't want that. I'll be with you later!
Customer: replied 1 year ago.

I do understand ... The only reason I call JUSTANSWER because the question is closed but they said if you do not touch it for 8 hrs it would. It really did not make sense but I asked them to reopen it but they refuse and call you instead!!!


And yes take as long as you want but my court date still May 2 unchanged and I need the info before then.


 


Take care

Expert:  SmithEsq replied 1 year ago.
Hi again-sorry I've been held up for two days. I'm free now for about 45 minutes then later on today. You want to know how to get a "fair hearing" and you feel as though all the information I've given you doesn't help in thst regard but let me tell you, the only way to get a fair hearing is with knowledge-knowledge about your charges, about what they have to prove, what your rights are and what the possible consequences are. I have addressed all these factors at some point above but will do so again if you need me to. If you go in there fully educated you will have a huge advantage over most defendants, and you will be able to address the judge with facts and law. If you give me a copy of your citation and traffic number I can actually see the it action given to you, if you want me to.
Expert:  SmithEsq replied 1 year ago.
One other avenue to explore is the validity of the second stop. reasonable suspicion is needed to stop someone, this comes in when they "think" you are drunk, swerving, etc. Probable cause is founded proof. You were speeding, ran a stop sign, light out, etc. Since there was no other reason to stop you, then he made an illegal stop. anything found after that is covered under the Fruit of the Poisonous Tree Doctrine.
Customer: replied 1 year ago.

Last Tuesday early morning, you wrote, “let me work on a summary later today. I hope this will be satisfactory.”

 

I have waited. And today I received 2 responses, both of them with good info. And useful too.

 

I am trying to tie all the info you have provided so I can be educated with my case, knowing the judge will BS her way and get me to pay her unfairly. It is not a comfort feeling.

 

I agreed knowledge is power … but that only count in front of a fair judge, base on my interaction with her the first time plus the Florida law, you cited early … I am death!!!


I am more than happy to give you my citation but I rather do it privately than post it on the website for the world to see including that unfair, closed mind judge.

 

========================================

Follow-up 4/19 8;21pm EST

 

Are you there? Need to hear back from you still thanks ...

 

 

Expert:  SmithEsq replied 1 year ago.
I'm still here. I've gone ahead and printed the entirety of our communication. What I need to know is what more information do you need going into the hearing that I haven't already discussed with you? What are your ongoing concerns. Do you plan to made oral arguments yourself in court? I'm oniline tonight and should be able to answer you tonight or if you ore asleep I'll catch you tomorrow.
Customer: replied 1 year ago.


Great ... Let's meet online tonight. Let's say 7PM or 10PM would be better for you?


 


Thanks,


Tam


 


PS And thank you!

Expert:  SmithEsq replied 1 year ago.
Lets try to be online at 7. See u then.
Customer: replied 1 year ago.


Thanks ... see u at 7 PM EST

Expert:  SmithEsq replied 1 year ago.
Tam I know this is last minute but I won't be able to communicate until closer to 9. I hope this is acceptable and I know this is an inconvenience.
Customer: replied 1 year ago.

It is 6:59 I am here ....


Got your "last minute" postpone at 6:57 PM. 9 if fine

 

========================

Hello .... I am still here 8:15

 

8:37

 

8:47


9:00 are you there?

 

9:11 call me please XXX-XXX-XXXX

 

9:36(NNN) NNN-NNNN/p>

 

It is 10PM

 

10:22 Close to 9!!!

Expert:  SmithEsq replied 1 year ago.

Hi I'm here tonight if you need to talk. I also thought that if you had questions we could work on them more instantly which makes me the minority in NY an in as uses.

 

I really am sorry for missing our "date" as I was looking forward to it. I hope we can still connect. It's challenging to balance city life and the limited allowances of JA at times. Please accept my apologies.

 

Did you print out our communication?

Customer: replied 1 year ago.


Been waiting since 6:59. Please clarify your recommendation ...

 

What is the best way to interact with u online?

 

And yes I have the print out

=============

10:45 are you there? call me

 

10:49 start hate this website ... or maybe the service!!! Still waiting ... I am online, you are online but couldn't connect ... suck!!!

 

Expert:  SmithEsq replied 1 year ago.
Tam, I applied for our question to be reopend. If it has been then great but I sent you a message saying that I requested it so if you get that message and our question is restored, ignore it. What I want to do, is break down your case into categories, Chunks of arguments you will have in your back pocket. It's important at this point I remind you that we at JA aren't allowed to giee legal advice, only information.

My document pertaining to our work is 14 pages long. Let's create chucks of info you can rememebr and that are important to remember.First though I want to acknowledge I am back onine with you.
Customer: replied 1 year ago.

I am still here and frustrated that I can not be in touch with you. And you know my phone # XXXXX not able to call!!!

Expert:  SmithEsq replied 1 year ago.

I don't think it's allowed at all on this site, unfortunately. It could get us both in a lot of trouble. But just so you know, I am picking through all the work with a fine tooth comb to create something you can take with you to your hearing. It's a 14 page exchange so it takes time to be meticulous but I'm up late working on it. You can ask mne questions here in the mean time tonight and I am here to answer them.

Customer: replied 1 year ago.


Thank you! :-)

Expert:  SmithEsq replied 1 year ago.

I am online so if you communicate with me for a little bit. If you need me tonight leave me a question otherwise, we'll talk another time. IF you've been especially imporessed by my work and feel a bonus is appropriate it would be very much appreciated! At any rate its been a pleasure serving you.

Customer: replied 1 year ago.
I LOST. The stupid judge order me to pay $150.00 did not allow me to cross exam the police-man! The law is suck in JAX! why bother! But thank you for your help.
Expert:  SmithEsq replied 1 year ago.
Ugh! I'm so sorry! That is so unfair! Just goes to show you that absolute power corrupts absolutely. I'm really sorry. Well, you did everything you could, and you could appeal it if you didn't waive your right to appeal, but its really up to You how much farther you want to take this. Let me know if anything changes, if you want to. Thanks or updating me, as well.
Customer: replied 1 year ago.
Appeal to whom!!! They need the money, they have decided I must pay. What is the point! She ask the police man, I did not allow to cross him and I was about half way to my side of story, she stop me and said she heard enough ... then order me to pay $50. But the paper said my total bill is $150!!! I asked the door man and he said he heard $150.00 and I was not even allow to re-enter the court to ask the judge if she said $50 or $150!!! Thank you for sharing your experience with me and I am so sorry I could not use the knowledge you passed on. Have a good weekend.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    314
    Private practice
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    304
    Run my own practice.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    251
    Licensed Attorney with 27 yrs. exp. with Traffic Law issues
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    188
    I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    181
    JD, 16 year experience including traffic law.
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Counselor at Law

    Satisfied Customers:

    157
    Licensed Attorney
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    155
    20 years practicing traffic law.