Monday, September 20, 2010
Wednesday, September 15, 2010
Just Because You Are Arrested..
Just because you are arrested, doesn’t mean there isn’t a light at the end of the tunnel. I just had a client who was arrested for possession of a controlled substance and possession of cannabis. When I met with the client, he couldn’t see a way out of it and was thinking about using the Public Defender. I encouraged him not to because being arrested in the same as being charged with a crime.
The State Attorney’s Office makes the determination about whether a person is charged with a crime…not the police. The difference is that an attorney, not a cop, looks at the law and the offense to see if the State Attorney’s Office should proceed. The police have no idea what the current state of the law is. Secondly, the public defender’s office would not attack the case pre-file as I did.
Why is this important, if you are arrested in Dade, arrested in Broward, or arrested in Palm Beach, call criminal defense attorney Phillip Menditto to fight for your rights. I got all charged dropped for my client where the public defender’s office would not have.
Regards
Phillip Menditto P.A.
Tuesday, September 14, 2010
Labor Day DUI Crackdown Already Under Way In South Florida
Labor Day is two weeks away, but law enforcement agencies throughout the state and South Florida are launching a crackdown on drunken and impaired drivers starting this weekend. At least six Broward agencies, in addition to the Florida Highway Patrol, will be conducting DUI saturation patrols during the 18-day period that runs through Monday, Sept 6.
They join hundreds of other agencies throughout the country that will be doing the same under the annual National Labor Day Enforcement Crackdown.
"It's the most traveled holiday and people like to do their barbecues and drink," said Shaun Van Beber, a coordinator with the Florida Public Safety Institute. "We are not saying to go out and not have a good time, what we're saying is go out, have a good time, but don't get behind a wheel."
Broward agencies joining the crackdown include police in Plantation, Hollywood, Hallandale, Wilton Manors and the Broward Sherriff's Office. Each agency will have its own plan of where and when to be on the streets checking for drunk drivers. Almost all said they will be working the checkpoints throughout Labor Day weekend – essentially making the entire region a DUI checkpoint..
"It's simple. The goal is to catch impaired drivers before they cause crashes," said Plantation Police Sgt. Joe Gallignani.
In Miami-Dade County, police departments will be work together to create large-scale checkpoints such as one planned this weekend in the North Miami area.
Statewide, the Florida Highway Patrol is also taking part in an enhanced enforcement campaign called "Over the Limit, Under Arrest." All FHP uniformed officers, including those assigned to administrative duties, will be out patrolling the interstates and other major state roads, said Sgt. Mark Wysocky.
According to FHP figures, 875 people were killed in Florida in alcohol-related crashes in 2009, including 29 who died during the three-day Labor Day weekend.
Wednesday, August 18, 2010
Reason to Stop
Reason to Stop
I see most of my client who are charged with a DUI in Dade, DUI in Broward (Fort Lauderdale), or a DUI in Palm Beach, being pulled over by the police for simple traffic infractions. Once this occurs, the police most often times will conduct a DUI investigation if they smell alcohol. The simple traffic infractions I’m talking about are stop sign, speeding, or red light. These are simple infractions that can be avoided if you are more carful to obey all traffic rules when you have had anything to drink. I tell all my clients….if you don’t give the police a reason to pull you over, they cannot do so. If you get a DUI in Dade, DUI in Broward (Fort Lauderdale), or a DUI in Palm Beach, 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: www.phillipmenditto.com
Tuesday, August 17, 2010
Red-light camera tickets drop with new law
Mercifully, at least one South Florida city has stepped on the brakes when it comes to overzealous enforcement at red-light camera intersections.
Hallandale Beach's lone red-light camera has generated more than $1.3 million in fines since it went live in January, but there has been a huge decrease in right-turn violations since a new state law took effect on July 1.
The law says cities are no longer supposed to cite offenders who make slow-rolling right turns "in a careful and prudent manner." Before July 1, cities could fine anyone who didn't come to a full stop before turning at a camera intersection.
Hallandale Beach has apparently complied with the spirit of the new law, with a 77 percent drop in right-turn violations from June to July.
There were 263 right-turn citations in July, down from 1,114 in June and 2,103 in April. "It did seem like a big drop," said Hallandale Beach City Manager Mark Antonio.
"We're erring on the side of caution in what we consider a violation now."
Police who review video of each infraction are using more discretion, Antonio said, factoring in traffic conditions, time of day and whether drivers hit their brakes before turning. Antonio even let the magic number slip; supposedly drivers going slower than 8 mph will not get cited.
Besides the new law, Antonio said heightened awareness might have contributed to the steep decline. I wrote a column spotlighting the camera — at northbound Federal Highway and Hallandale Beach Boulevard — on July 11.
In the following weeks, Hallandale Beach Vice Mayor Bill Julian said he noticed traffic backing up in the right-turn lane as some drivers simply refused to make turns on red. I noticed the same thing on follow-up visits.
Since Hallandale's camera started snapping, 94 percent of roughly 12,000 violations have been for improper right turns. In July, 87 percent of violations were for right turns. Straight-ahead violations have remained fairly constant, between 35-55 most months.
Red-light cameras have become a hot-button topic — and a more common sight — throughout South Florida. Under the new state law, fines for the first offense have increased to $158 (from $125), with the money shared by cities and the state.
Aventura started the trend in 2008, and red-light cameras have spread to Pembroke Pines, Fort Lauderdale and West Palm Beach. They've been approved in Hollywood, Davie and Boynton Beach.
Fort Lauderdale's nine cameras went live last week, but fines won't begin until September. Right turns that aren't "careful and prudent" will be subject to fine, according to police spokesman Frank Sousa.
Sousa said it's not the city's intent to play "gotcha" with drivers who unwittingly slow-roll through red lights, but those who make right turns dangerously will be fined.
"If you blow through an intersection and make a right turn at 15 mph, you're going to get a ticket," said Sousa. "But if you make an effort to come to a stop, hit the brakes but maybe don't get all the way down to zero, then we have discretion under the new law to not write the ticket."
In all camera cities, police review the camera's video before issuing a fine. Fines are sent to the registered owner of the vehicle, who can appeal.
The worst part of the camera program: Cities have 30 days to send the violations, so drivers might not realize they've racked up multiple offenses until they all come in the mail a month later.
The new state law sets a uniform $158 fine for each offense. Previously, cities issued progressive fines, with the third offense soaring to $500 in Hallandale Beach and Aventura.
Camera advocates say they make red-light runners think twice before blowing through intersections, reducing devastating T-bone crashes. But critics say the cameras are just a money grab by desperate cities and could spur an increase in rear-end collisions as people slam on their brakes at the last second.
"More people are aware of the cameras now, and more people are being safer," Antonio said. "That's a good thing."
The big trap at many intersections: When the cross-street has a left-turn arrow, and drivers making rights think they have clear passage. Technically, they still have to come to a full stop before turning.
It would be nice if those intersections (Hallandale's included) could have a green-arrow signal for right turns at the same time as the cross-street's left-turn signal. Antonio said Hallandale Beach has petitioned state and county transportation officials who control and install traffic signals for a right-turn arrow at the intersection. Even with less stringent right-turn enforcement, the best advice for drivers who want to avoid expensive surprises: Red means stop.
Michael Mayo Sun Sentinel Columnist 5:52 p.m. EDT, August 16, 2010
Monday, August 9, 2010
Remaining Silent
Wednesday, August 4, 2010
Dress To Impress
If you have been arrested in Dade, arrested in Broward, or arrested in Palm Beach, you will need to hire a criminal defense attorney in Dade, a criminal defense attorney in Broward, or a criminal defense attorney in Palm Beach and as such a criminal defense attorney, I can fully say that dressing professionally can be that little bit that will help you in your case.
Remember, every Judge wants to be respected and your clothing is a way of respecting him or her.
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@phillipmen
Website: www.phillipmenditto.com
