Being Stopped by the Police

In Popple v. State, 626 So.2d 185, 186 (Fla. 1993), the supreme court explained the three levels of police‑citizen encounters:
a. The first level is considered a consensual encounter and involves only minimal police contact. During a consensual encounter a citizen may either voluntarily comply with a police officer's requests or choose to ignore them. Because the citizen is free to leave during a consensual encounter, constitutional safeguards are not invoked. United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980).
b. The second level of police‑citizen encounters involves an investigatory stop as enunciated in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). At this level, a police officer may reasonably detain a citizen temporarily if the officer has a reasonable suspicion that a person has committed, is committing, or is about to commit a crime. ' 901.151 Fla. Stat. (1991). In order not to violate a citizen's Fourth Amendment rights, an investigatory stop requires a well‑founded, articulable suspicion of criminal activity. Mere suspicion is not enough to support a stop. Carter v. State, 454 So.2d 739 (Fla. 2d DCA 1984).
c. [T]he third level of police‑citizen encounters involves an arrest which must be supported by probable cause that a crime has been or is being committed. Henry v. United States, 361 U.S. 98, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959); ' 901.15 Fla. Stat. (1991). Brown v. State, 714 So.2d 1191

If the police are asking you if they can talk to you, kindly ask, “may I say no”. If the police tell you that you must or have to talk with them, then you have been stopped. Why is this important? Because if they don’t have reason to stop you, then anything illegal they find on you can be thrown out in a court of law. If you happen to be arrested in Dade (Miami), arrested in Broward (Fort Lauderdale), or arrested in Palm Beach, then any evidence they find can and will be inadmissible.

Call criminal defense attorney Phillip Menditto immediately.



Regards,
Phillip Menditto P.A.

Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: www.phillipmenditto.com

Hallandale Beach Red Light Cam Generates Big Bucks

HALLANDALE BEACH, Fla. (CBS4) ―

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The City of Miami Beach is expected to add 15 new red light cameras after a vote Wednesday night. The city currently has 10, and assistant City Manager Robert Middaugh says the cameras reduce traffic crashes and promote safer driving.

"It really does create a heightened awareness as people go up and down the streets to pay attention to the intersections and pay attention to the traffic laws," Middaugh said.

While Miami Beach plans to add cameras, Hallandale Beach Commissioner Keith London wants to get rid of the only red light camera in his city. He calls it a hidden tax.

"It's a speed trap, it's a red light traffic trap. It's about the revenue, it's not about public safety," London said.

CBS4's Natalia Zea did some checking and found that Miami Beach issues an average of 1,000 tickets a month, but that is small potatoes compared to Hallandale Beach's camera at the intersection of US-1 and Hallandale Beach Boulevard.

The one red light camera there is giving out an average of 700 more tickets every month than all 10 of Miami Beach's cameras combined.

Hallandale is making a killing off those tickets to the tune of $1 million since January. Some drivers were furious to learn that.

But Hallandale Beach police said there are simply more drivers making rolling turns on red lights at their intersection. 93 percent of the tickets they've issued were for that violation. CBS4's cameras caught plenty of people rolling right on the red.

Middaugh believes Hallandale officers reviewing the video footage and issuing the tickets are stricter on the rolling right turns than Miami Beach cops.

"We're not writing as many tickets as the others and that's okay. We didn't do this for revenue, we did this to reduce intersection accidents," Middaugh said.

Hallandale police deny that. Either way, some drivers we spoke with like Bob Mendola say no matter the speed, the intersection, or the camera the law is the law.

"If it's the law and you break it, you should be ticketed."

Via: (© MMX, CBS Broadcasting Inc. All Rights Reserved.)

Talking to your Attorney

This is one of the most important requirements that you should have in picking an attorney. If you have been arrested for a criminal charge in Dade, arrested for a criminal charge in Broward or arrested for a criminal charge in Palm Beach, you must be able to speak to an attorney first.

So many people settle for talking to a secretary, an assistant, or even a paralegal instead of the directly to the attorney. If you have been arrested or even receive traffic citation and you need a Dade criminal lawyer, a Broward criminal lawyer, or a Palm Beach criminal lawyer, you can talk to me directly as we discuss issues involving your freedom, your family, and your job.

DO NO SETTLE. Talk directly to me, Phillip Menditto.

Regards,
Phillip Menditto P.A.

Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: http://www.phillipmenditto.com/

SEATBELTS

The laws of the State of Florida have changed especially for a Dade traffic citation, Broward traffic citation, or Palm Beach traffic citation in that the police can stop you if they simple see you not wearing your seatbelt.

How does this affect you? If the police have a reason to stop you, such as a seat belt violation, then they can use this to piggyback anything else they want. For example, if the police then smell some pot, then he can search your car. If you license is suspended, he can now take you to jail. The law used to be that the police needed something else besides a simple seatbelt violation to pull you over.

The heart of the matter is to wear your seatbelt so they don’t have a reason to pull you over. If you are stopped for this, then call Phillip Menditto if you receive a Dade traffic citation, Broward traffic citation, or Palm Beach traffic citation. DO NOT PAY THE TICKET. This will affect your insurance rates most assuredly.

Regards,

Phillip Menditto P.A.

Phone: 954 641 9100

Fax: 954 463 5428

524 S. Andrews Ave Suite 200 North

Ft Lauderdale, Fl, 33301

Email: phillipmenditto@phillipmenditto.com

Website: www.phillipmenditto.com

Attorneys

Phillip Menditto

Attorneys are just like everything else in life…you get what you pay for. What I mean by this is if you are quoted a price that is somewhat lower than the industry standard, then you may not be getting the best representation. This can be a two edged sword as well. What I mean by this is if you are paying well over the industry standard, then this doesn’t necessarily mean that you are betting the best representation either.

What I suggest you look for is an attorney that gives you the attention you deserve, has a good reputation, whose prices are around the industry standard. Many attorneys are feeling the economic problems that our country is facing and are lowing their prices. The problem this has created is that these same attorneys may not give the proper representation you deserve.

If you have been arrested in Dade, Broward, or Palm Beach County, call Attorney Phillip Menditto.

Regards,
Phillip Menditto P.A.

Phone: 954 641 9100
Fax: 954 463 5428
524 S. Andrews Ave Suite 200 North
Ft Lauderdale, Fl, 33301
Email: phillipmenditto@phillipmenditto.com
Website: http://www.phillipmenditto.com/

Always Refuse

If you are ever arrested for a DUI, most individuals are told to “refuse” any breathalyzer by attorneys for a couple of reasons:

1. If you blow over the legal limit, the State will have key evidence to convict you in your DUI case
2. If you blow over the legal limit, the DMV will suspend you license for a period of 6 months.
3. Breathalyzers can be wrong and your freedom, family, and job can all hang in the balance during this time.

There are many other reasons as well but these are a few. I would suggest if you are ever arrested for a DUI in Dade, Broward or Palm Beach County, say as little as possible, be polite, and don’t blow.

The last advice …. contact me immediately if you are ever arrested.

Regards,

Phillip Menditto P.A.

Phone: 954 641 9100

Fax: 954 463 5428

524 S. Andrews Ave Suite 200 North

Ft Lauderdale, Fl, 33301

Email: phillipmenditto@phillipmenditto.com

Website: www.phillipmenditto.com

What to do first when you recieve a DUI

There are many things that must be done when you get arrested for a DUI but the first involves your license. As soon you are released from jail due to a Dade DUI, Broward DUI, or Palm Beach DUI, you must contact an attorney. This is so vital because your license is immediately at issue.

If you did not give a breach, urine, or in some cases blood when requested by a police officer, you license is suspended for one year. This suspension can be withdrawn for many reasons but only a trained attorney knows the law and how to protect your rights. Once arrested, the traffic ticket you received for a DUI is your license for ten days. During this time, you must request a formal hearing with the department of motor vehicles. This request has to be done within ten days of your Dade DUI, Broward DUI, or Palm Beach DUI.

If you do not request this hearing within these ten days, you and your attorney cannot challenge your one year suspension. If you are successful challenging your one year suspension, your license will be immediately reinstated.

If you gave a breath same the day of your Dade DUI, Broward DUI, or Palm Beach DUI, and this sample is over the legal limit of .08, then your license is immediately suspended for 6 months. Your DUI ticket is again your license for the next ten days. Again, you and your attorney can challenge your suspension if done so within ten days of your Dade DUI, Broward DUI, or Palm Beach DUI.

Protecting your license is the first and foremost thing that must be done and protecting your rights is the goal of Mr. Menditto.