You may not know it, but ignition interlock devices are required even for fist time offenders if your blood alcohol level is above a certain limit. But what happens if you have the device installed and when you breathe into the device, you fail the test?

Ignition interlock violation consequences. Your ignition interlock device is designed to prevent you from driving while under the influence of alcohol. It is anticipated that you will never drive under the influence again but judgment can be cloudy after you have been drinking.

Your ignition interlock device is designed to prevent you from driving while under the influence of alcohol. It is anticipated that you will never drive under the influence again but judgment can be cloudy after you have been drinking. You should know that while the ignition interlock device is installed in your vehicle you are responsible for every test result that is registered on your device, including tests that are taken by other individuals who drive your car. You will be required to submit to rolling retests throughout your drive, and if you do not complete those tests or you fail a retest it will be logged for the state or DMV to see.

When you first try to start your vehicle you will be required to submit a breath sample to the ignition interlock device. Once the device determines you are not under the influence of alcohol you will be allowed to start your car. If the device determines you have alcohol on your breath your vehicle will not start. If you are worried this a false positive, wait a few minutes and swish some water in your mouth to be sure you are giving a clean sample. If you have been drinking you should know this result will be logged. The consequences for your violation will vary from state to state. These violations can range from extending the length of time you are required to have your device installed to paying a fine. Check with your state laws to know for sure what your penalties could be.

Once you have completed your test and your car starts, you are not finished. Your ignition interlock device will continue to operate and will require rolling retests throughout your drive. You will have a window of time to complete the rolling retest before it logs it as a violation. If you do not take the test the system will log it as a violation and report it. If you do take the test and you fail it will also be logged as a violation. Either way your car could have a number of responses to the failed test. One thing is for sure, the failed retest will not force your car to stop. Failed retests may have no affect on your car, or it could make your horn being honking, and flashing your lights until the car is turned off. This done to draw attention to your vehicle so potentially a police officer could pull you over. No matter what, your vehicle will not just turn off as that would be unsafe for the roadways.
Ignition Interlock Device Fees:
•First IID Violation Appointment Fee = $25.00
•IID Case Management Appointment Fee = $55.00
•IID Case Management Missed Appointment Fee = $55.00
•IID Monthly Appointment Fee = $25.00
•IID Monthly Missed Appointment Fee = $25.00

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

We are all familiar with Miranda rights. Our favorite tv shows always show the suspect being given their Miranda rights before being questioned by our favorite tv cops. The plain meaning of the Miranda Rights sometimes gets lost. The various ways that law enforcement word Miranda warnings around the country often compound the loss in meaning.

Protection Offered by the Miranda Rights

By law, a law enforcement officer should read the Miranda rights to the suspect at the time of his or her arrest. The major benefits include:
•That it is not a must to speak to the police
•That you are permitted to have an attorney advocate on your behalf at all times of the police interrogation—before, during, and after

A defendant may should to uphold these rights or waive them, as both options are available during the readout. In general, in the event that the defendant chooses to waive his or her Miranda rights, and in so doing speaks directly to officers in the absence of an attorney, then under the law, such correspondence is not coerced or involuntary.

Miranda Rights and Juveniles

Law enforcement officers also read out Miranda rights to juveniles if they are suspects. The issue is that juveniles often do not fully understand the rights read out to them, or worse, the implication of waiving their Miranda rights. Alarmingly, the rate of waivers among juveniles is as high as 90 percent.

This begs the question, “What could be the reason(s) for the absurdly high rate of Miranda Rights waiving?”

One reason is comprehension. As at 2014, the Harvard Medical School and others identified 371 variations of wording of Miranda rights. Of this number, a whopping 52 percent required at least an eight-grade reading level for proper understanding. Comprehension becomes more difficult courtesy of the added stress that plagues juveniles under arrest. Estimates state that comprehension suffers by at least 20 percent.

Another reason is the limited memory of all the rights included in Miranda. Taking full advantage of one’s Miranda Rights goes beyond understanding the verbiage. It is equally, if not more, important to remember all of the rights later on after the arrest and during the interrogation.

Waiving of Miranda Rights by Juveniles

Hot on the heels of these shocking stats are cases relating to the waiving of Miranda rights by juveniles. On one hand are cases that dispute whether a juvenile actually waived his or her Miranda rights. On the other hand are cases that dispute whether the Miranda rights were stated in a way to make the juvenile understand what rights were protected.

Currently, a number of states are considering adopting a revised Miranda standard. This Miranda standard would address many of the concerns regarding Miranda rights and juveniles. Proposed processes that would address these concerns include:
1.The provision of an easier-to-understand version of Miranda specifically for juveniles
2.Stipulating a minimum age requirement, such that juveniles below the limit would be legally unable to: 1.waive their Miranda rights
2.make a confession
3.or even speak to a police officer; in the absence of a parent or guardian

What Amounts to Admissible Juvenile Confession in Florida

Before juvenile confession is admissible in Florida, the following factors are used to examine the confession:
•How the police administered the Miranda rights, in addition to whether the police used any tricks or tactics during the reading
•The background, past experience, mental ability, and age of the juvenile
•Whether a parent or an attorney was present at the time of the confession
•The location where the confession occurred
•Whether the juvenile signed a written waiver of Miranda rights before the confession

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

So if you travel a lot, and you make bad choices, you might find yourself in a bad situation. What do you do if you are arrested in another state?

Jurisdiction

The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense.  So, for example if you live in New York and you are arrested for drunk driving in California then the state of California has the right to prosecute you for that offense.

This can lead to some very real logistical problems for the defendant.  The criminal process often requires the defendant to appear in court multiple times.  If the defendant has been released on bail or other terms pending trial then it can be burdensome to return to the state in which the defendant is tried every time a court appearance is required.

It is important to know that you cannot simply return to your home state and ignore the charges from the other state.  The states and territories of the United States are required by the U.S. Constitution to render suspects on the request of another state.  This is commonly referred to as extradition.

Misdemeanors

Often, out of state residents who are arrested face misdemeanor charges such as driving while intoxicated or breach of the peace.  Many states allow the defendant to hire a local attorney who can appear for the defendant in most criminal proceedings.  That means that you would not have to bear the expense of traveling to the state in which the alleged misdemeanor occurred nor would you have to lose time from work in order to defend yourself.

If you choose to allow your attorney to appear for you then it is important that you find someone whom you trust and that you stay in close contact with your attorney by telephone or e-mail so that you know exactly what is happening with your case.

Felonies

If you are arrested for a felony, bail is often required for in state defendants, it is almost always required for out of state defendants.  If the defendant appears in court as required then the bail is refunded.  If the defendant does not appear as required then the bail is not returned to the defendant and the defendant is likely to be arrested and held in custody pending trial.

If you are convicted of a crime then in most circumstances the conviction becomes part of the public record.  Therefore, your out of state conviction might follow you if future employers or other parties are interested.  Thus, it is important to adhere to all of the rules in the jurisdiction in which you are charged and to work with a competent attorney for the best possible outcome.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

We have all heard about date rape. There is currently a high profile date rape in the news which is going on now. You have probably heard some of the details. What is date rape?

The difference between ‘date rape’ and standard ‘rape’ in the legal context is restricted to the legal meaning of the terms. Thus, they carry the same serious consequences. ‘Date rape’ is a specific form of rape where the victim knows the rapist, as opposed to the average idea that the perpetrator is a stranger to the victim.

History

The legal definition of rape has evolved over the years. According to common law, rape refers to the crime of having sexual intercourse without the consent of one of the participants. In time past, a required element of date rape is illegal | Kenneth Padowitz | Lawyerthe definition of rape was physical force or threats of force. Currently, many states have eliminated this condition as a mandatory element of rape. The improved definition stipulates that rape occur when the perpetrator goes ahead to engage in sexual intercourse after the victim:
•Says “no”
•Refuses to give consent
•Is unable to consent due to physical or mental constraints that results from either being ◦Physically disabled; or
◦Under the influence of alcohol or drugs

However, under common law, if the victim was the spouse of the offender, then the law exempted the offender from being charged with rape. The reasoning behind this exception was the archaic viewpoint that women were the property of their husbands, and as such, the every act that was sexual intercourse with one’s spouse was consensual. Today, clauses in rape laws to account for when the perpetrator is the spouse of the victim still exist in the rape laws of some states. However, the rape laws of most states have done away with such distinctions.

The Prevalence and Characteristics of Date Rape

To the average person, the perpetrators of rape are mainly strangers, and only a few percent of rape cases involve a rapist who knows the victim. The stats speak in a different voice. Statistics show that around 50% to as much as 80% of all rape cases are date rapes. The perpetrators of date rape fall into a vast number of categories. The offender may simply be a friend, a relative, a coworker, or some other acquaintance. Furthermore, the “date rape” label also applies to cases where the perpetrator believed that the potential of a romantic relationship existed, even though it never materialized.

Disabling Drugs

Around the end of the 20th century, a trend developed. Repeatedly, victims reported rape cases where their rapist used disabling drugs to impair them. The drugs include GHB, ketamine, and rophenol. The common tactic was for the rapist to smear the victim’s drink with the drugs while the victim was not looking. The usual symptoms were weakness, confusion, passing out, and short-term memory loss. Intake of some date rape drugs can lead to death, especially when taken in combination with alcohol. The authorities responded swiftly by enacting laws that targeted this act directly. The penalties were stiffer and charges were more serious in nature. In addition, a rapist who used disabling drugs on his or her victim may also stand for drug-related crimes.

Consent

In spite of the advances in generalizing the definition of rape as well as making punishments stiffer, hurdles remain, especially in disproving the position of a defendant that the victim wanted to engage in sexual intercourse. The expectations of women to resist a man’s sexual advances and that of men to be more sexually aggressive while pressing for romance still hold sway in the minds of majority of the population. These archaic expectations complemented by gender biases plague prosecutors, juries, and judges. For example, difficulty in proving the victim’s assertion that he or she was uninterested in sex would occur if the victim willingly invited the perpetrator in, or went out with the perpetrator, or admits to engaging in some form of sexual act. Even more confounding for the juries would be if the victim had previously consented to sex with the offender. This is despite the interpretation by the law that previous consent to a sexual act does not override the need for consent for every future sexual act.

Legal Help

Affected parties in a date rape case would need to contact a lawyer to have full knowledge of their rights and options at their disposal. For individuals on the receiving end of a date rape charge, serious consequences lie in the horizon. They include fines, jail time, and entering the sex offender blacklist. For victims, you have the opportunity to prosecute the offender and/or pursue civil damages for sexual assault.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

We all know that you may lose your license if you get a DUI or other driving offense. But if you are convicted of a crime that is unrelated to driving – what happens?

Woman showing driving license and thumbs up

Is driving a right or a privilege?

In the State of Florida, driving is considered a privilege and not a right. A person’s driving privilege can be suspended, canceled or revoked for a number of reasons that can include (but are not limited to) failing to pay a ticket, failing to pay child support, or failing to attend traffic school.

Who monitors my driving privilege?

In Florida, the Department of Highway Safety and Motor Vehicles (DHSMV) is the agency that monitors a persons driving privilege among other services. The Agency has several offices throughout the State of Florida.

Can criminal charges and convictions impact my driving privilege?

Yes. Contact with the Criminal Justice system can impact an individuals driving privilege. In some instances, this impact may be temporary or short term. However, there are circumstances in which the impact may be permanent.

Can having a criminal conviction affect my privilege to drive?

Yes. The legislature has determined that if you are adjudicated guilty of certain crimes, the DHSMV MUST suspended your driver’s license. That means that if a person is adjudicated guilty of a crime because they were either found guilty by way of a trial or they accepted a plea agreement, their driving privilege MUST be suspended. Some examples of such offenses that carry mandatory drivers licenses suspensions, cancels or revocations include but are not limited to: Racing on a public street or highway and fleeing and alluding. If you are convicted of a racing offense or a fleeing and alluding offense the legislature has determined that your driving privilege MUST be suspended for at least a year.

Can my driving privilege be suspended if I am convicted of a crime that has nothing to do with driving?

Yes. If a person is adjudicated guilty of possession of drugs and charged under Chapter 893 of the Florida statutes their driving privilege MUST be suspended for a period of two years. Even a misdemeanor charge for possession of cannabis can suspend your driving privilege for two years. This is typically the case even if the offense has nothing to do with driving.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Neighbors frequently have misunderstandings and squabbles, and they very often have opinions on what stalking means. For answers, we should go to Florida law.

A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree. §784.048(2), Florida Statutes.

□ A person who willfully, maliciously, and repeatedly follows, harasses or cyberstalks another person, and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree. §784.048(3), Florida Statutes.
□ “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
□ “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.
□ “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat has the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution.
□ “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. §784.048(1)(a-d), Florida Statutes.
STANDING
□ A person who is the victim of stalking or the parent or legal guardian of a minor child who is living at home who seeks an injunction for protection against stalking on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against stalking. §784.0485(1)(a), Florida Statutes.

If you are involved in a dispute that involves criminal behavior, consider calling Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

We are all familiar with the effect of DNA evidence in the court system. Movies and TV shows are featuring it all the time. Countless people have been released from prison when DNA evidence was introduce to prove their innocence.

For the layman, the premise of using DNA evidence is fail-safe. Our DNA is one of a limited number of biological signatures—another being our fingerprints. Considering that on average we shed 30,000 and 40,000 skin cells per hour, it is overwhelmingly possible for a suspect to leave a bio-trail at the scene of a crime that makes identifying him or her remarkably easy.

However, that explanation is also the bedrock of the opposing viewpoint held by professionals—that DNA evidence is easily transferable. Especially in instances where the DNA evidence is culled from skin cells, then the ability of skin cells to move easily can be a limiting factor to the reliability of the technique. Take this illuminating scenario for example. The murder of a multimillionaire was pinned on a homeless man. Unfortunately, this was a false allegation. The paramedics that had aided the homeless man earlier in the night also dutifully went to the murder scene. The cells of the homeless man had inadvertently tagged along for a road trip on the uniforms of the paramedics to the murder scene. This is one of the rising instances where the consequences of using DNA evidence have had negative impacts on the criminal justice system.

Touch DNA and how it affects the Criminal Justice System

The term to describe the ability of skin cells to implant themselves on objects is Touch DNA. The aging conception that DNA stays in one place is not holding up against growing evidence. In fact, according to a study published in the International Journal of Legal Medicine, it is possible for individual A to shake individual B, then when individual A touches an object afterward, individual A deposits the skin cells of individual B (acquired during the shake) rather than those of individual A on the object. According to another study in the Journal of Forensic Sciences, this type of transference could be the sole reason why individual B may be adjudged the main contributor to the DNA pool found on the object, despite never touching the object. The explanation for this phenomenon is that individuals shed skin cells at varying rates. A person who sheds more skin cells with invariably has a stronger DNA presence after analysis in a laboratory.

The New Dimension of DNA Evidence in Criminal Defense

For a while, prosecutors gleaned cheerfully after the discovery of DNA evidence. Going forward, this initial enthusiasm will grow thinner as more research defines the boundaries of the credibility of DNA evidence. For now though, the seed of skepticism has been sown. Touch DNA no longer primarily means clean-cut cases. DNA evidence is not always right, and in criminal defense that could be the difference between an acquittal and incarceration.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

I have a friend who was having trouble using his igintion interlock system. We decided to do some research.

When an ignition interlock user calls to report that he or she is having a problem, a technician will usually do a thorough check to find out the source of the glitch. Often it turns out that the issue has a different cause entirely. Here are the most common problems that make people think that their ignition interlock is misbehaving:

Issues. As we’ve noted before, battery issues are the number one complaint.

Interlocks only draw a tiny amount of current – about the same amount as the clock on a car radio, which needs a bit of juice to keep your station settings. Usually it’s no more than half an amp. With a good battery, an ignition interlock should pose no problem. Still, any amount of draw can drain a bad battery, so make sure that their battery is in top condition, or else buy a new one.

Alternator issues. Alternators recharge the battery as it drains. If the alternator isn’t working right, it doesn’t matter how new your battery is – your battery will die. Have the alternator checked if you’re having any new electronics installed in your car – not just an ignition interlock.

Substandard accessory installations. Many motorists like to save money by buying an electronic component online – a stereo or remote starter, say  – and doing the installation themselves. Car electronics are complicated, and they’re getting more so by the year. All it takes is a poorly sheathed wire or loose connection to cause some difficult-to-trace problems. Sometimes complaints about an interlock end up being about a poorly-wired navigation system or subwoofer.

And it’s not only DIY installations that cause problems. Many car mod shops let the “new guy” train on a customer’s vehicle, and the work isn’t always properly checked out. Your vehicle could be a trainee’s homework. (Not at LifeSafer, though : all our technicians are fully trained before they begin working on customers’ cars).

Aging vehicles. If you have an interlock installed on your classic old car, and a week later your air conditioner cuts out, don’t blame the interlock too quickly. Things go wrong on old cars all the time, and sometimes the ignition interlock is an innocent bystander.

Too many add-ons. A touch screen, extra interior and exterior lighting, remote start, radar detector, rear DVD player, car alarm, subwoofer, headrest monitors, GPS, back up camera… we get it, you like your electronics. But even if they’re all installed perfectly, having all those devices is asking a lot of circuitry that wasn’t designed for it. Your battery will be draining much faster, and you could have introduced more points of failure. Just sayin’.

Of course, if your interlock is having problems, call the company that installed it and we’ll have an expert technician fix or replace the unit. They are  not just here to install interlocks – they are here to keep you on the road.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

These devices are becoming more and more widely used. In Florida, if you have a high breath alcohol reading on your first alcohol offense, or if you have a second alcohol offense, the court is probably going to require you to install one of these devices.

A Florida approved ignition interlock device is an in-car breath screening apparatus that requires the driver to pass a breath-alcohol test before his motor vehicle will start. Typically, it is located inside the passenger compartment, near the driver’s seat, and interconnected with five wires inside the vehicle’s steering column. Fla Administrative Code Rule 15-A-9003(3) requires that a minimum of 1.5 liters of breath be introduced through the mouthpiece and run through the instrument before the alcohol content is measured. Once the driver blows into a mouthpiece, the device will determine if his breath alcohol concentration (BrAC) meets or exceeds the pre-set limit of .025 BrAC or greater. If the driver’s BrAC meets or exceeds the prohibited level, the ignition interlock will effectively prevent the vehicle from being started.

Where will the ignition interlock device be installed?

Where will the ignition interlock device be installed?A typical installation in your car or truck will take the service provider about two hours. However some luxury vehicles and those employing push button starters necessitate additional time and effort. Although installation of an interlock on a motorcycle is permitted in some states (i.e., Oregon, Wisconsin, Idaho, Kentucky, Nebraska and Washington) that is not the case in the “Sunshine State.” Florida Administrative Code Section 15A-9003(17) strictly prohibits interlocks from being installed on any motorcycle, bicycle, motorized scooter, electric personal assistive mobility device or moped. A vehicle installation normally requires that five wires be hard wired into your steering column. It is typically not necessary to perform any work within your engine compartment. When the installation is complete, you will observe a coiled black wire connected to the electronic “head” and mouth piece. The electronics can easily be unplugged and taken with you into your home or place of business. In the alternative, some motorists cover the device with an article of clothing.

Is there more than one type or model of interlock?

Is there more than one type or model of interlock?There are currently three approved interlock models in Florida. “Smart Start” offers model “SSI 20/30.” Alcolock offers model “Alcolock LR” and “Guardian Interlock” offers “AMS 2000.” All of these ignition interlock devices implement a “rolling test.” This means that after successfully starting the vehicle, they call on the driver to blow again after he has driven some distance or time. An initial retest is required within the first five minutes of starting the vehicle. Additional random retests begin to occur between 15 to 30 minutes later. The driver only has up to three minutes to comply with the required retest. This “rolling test” feature is intended to prevent the driver from having someone else blow into the device to get the vehicle started (commonly referred to as “curbside assistance”). The retesting is also intended to prevent the driver from consuming alcohol while actually operating the motor vehicle.

What Happens if the Ignition Interlock Detects Alcohol?

If a breath sample introduced into the interlock meets or exceeds the preset “fail point,” the vehicle will not start. If a driver fails to provide a breath sample or his BrAC exceeds the pre-set limit during a “rolling retest”, the engine of the vehicle will continue to run. An ignition interlock device cannot turn the engine off once it is running. However, if an interlock detects alcohol during a “rolling retest,” in most cases the device will cause the vehicle’s horn to sound and the headlights to flash. These “events” are recorded by the device and will be revealed during the “monitoring check” down load of data.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

OK, so you’re zipping through the parking lot at Publix. You run the stop sign. You assume that since you are on private property, the police are not going to give you a ticket. NOT SO FAST. While the police may not routinely patrol parking lots looking for traffic violations, if they are there and observe the offense, you are probably going to get a ticket.

Anyway, below is the excerpt from a recent Advisory Legal Opinion of the Attorney General of Florida that confirms that municipal police in Florida are authorized under state law to enforce traffic laws on private property “whereever the public has a right to travel by motor vehicle.”  The Opinion also allows such enforcement on private roads under certain circumstances:

“This office has previously stated that the provisions of Chapter 316, Florida Statutes, are enforceable on private property only when the public has a right to travel by motor vehicle on such property.[2] This conclusion was based on the language of section 316.640, Florida Statutes, which provides, in part, that counties and municipalities shall enforce state traffic laws on all streets and highways “wherever the public has the right to travel by motor vehicle.”[3] It is the availability of the area or place for travel and the right of general and common use that makes certain private property subject to public
control pursuant to Chapter 316, Florida Statutes.

“Thus, municipalities have enforcement authority with respect to traffic violations and accidents occurring on “private property” where the public has the right to travel by motor vehicle, such as in shopping centers and parking lots. In 1987, however, section 316.006,
Florida Statutes, was amended to supply additional authority for municipal law enforcement officers to enforce traffic laws on certain private property.[4] As amended, section 316.006 (2)(b), Florida Statutes, provides:

“‘A municipality may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located within its boundaries if the municipality and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such agreement. . . . ‘”

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.