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Showing posts from 2020

Updated: Yes You Can Videotape the Police, But Take Precaution

I originally wrote this post in 2017 after a video was posted of an  Uber driver , who was also an lawyer, was pulled over and told he could not record the police officer.   The police officer told the lawyer to turn it off or he'd take him to jail.  The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true.  I decided an update was due after events unfolded last week with the arrest of Mr. Unique Occena by the Polk County Sheriff's Office after he  video taped the arrest of Mr. Fernando Jiminez .  The investigation is still ongoing as to what exactly happened.  It does appear that Mr. Occena had an outstanding arrest warrant prior to posting the video to social media.  It also appears that perhaps the inflaming video caused PCSO to search for Mr. Occeana more diligently.  Regardless, as the public and citizens of Polk County, we al...

The DMV's Authority to Revoke or Suspend Your Driver's License

Driving is not a right.  It is a privilege in Florida.  As such, the DMV has a lot of authority over whether or not a person has a driver’s license.  Chapter 322 of Florida Statutes lays out specific laws regarding driver’s licenses. The most common reasons people lose their driver’s licenses include: 1.      Drug related offenses – Per section 322.055, when a person is convicted of a drug related offense, the court shall direct the DMV to revoke the driver’s license of the person for 1 year; 2.      Habitual Traffic Offender – Per section 322.264, when a person has accumulated the specified number of convictions in (1) or (2) within a 5-year period the license is suspended for 5 years: (1)   3 or more convictions of any one or more of the following: a.      Voluntary or involuntary manslaughter resulting from operating a vehicle; b.      Any viola...