Recently, the hearing officer in Osceola County has in some cases been issuing community service to drivers instead of imposing fines. In the instances that I have witnessed this practice, the driver cited an extreme financial hardship or a recent loss in employment.
There are both positive and negatives to this practice. I am sure at some point community service will likely be checked as this will not create revenue for the Clerk. In contrast, if fines and court fees are issued in every case, those drivers who are unable to pay will eventually face a license suspension -- a potential criminal charge if driving on that suspeneded license and another prevention to maintaining employment.
Whatever the case may be, if you hire an attorney to resolve your case please be sure to advise as to any change in circumstance as community service may be available as a component of negotiation for a case resolution.
Attorney Jason Shepelrich and The Shepelrich Law Firm, P.A. is a Kissimmee, Florida Traffic Ticket, Traffic Citation, Traffic Infraction Law Firm dedicated to defending traffic tickets, traffic citations, traffic infraction, speeding tickets, suspended license tickets, habitual traffic offenders, leaving the scene of accident cases, DUI, and other moving and non moving traffic violations. Attorney Jason Shepelrich has handled thousands of traffic and traffic criminal cases in the following counties since 1998: Osceola County Florida, Orange County Florida, Lake County Florida, St. Lucie County Florida, Martin County Florida, Indian River County Florida, and serving the following cities: Kissimmee, Florida, St. Cloud, Florida, Celebration, Florida, Harmony, Florida, Orlando, Florida, Tavares, Florida, Port St. Lucie, Florida. All cases are handled by Attorney Jason Shepelrich and The Shepelrich Law Firm's Network of Co-Counsel and Coverage attorneys throughout the State of Florida.
Monday, May 11, 2009
Thursday, May 7, 2009
Why hire a traffic ticket defense attorney? - Part 2
Q & A with Osceola County Florida traffic ticket and DUI defense attorney Jason Shepelrich:
What are the recent changes to the court procedure in Osceola County, Florida?
Osceola county has moved from a one hearing to a two hearing process.
What does this mean?
In the past there was only one hearing. If you requested a court date yourself or through an attorney or were issued a ticket requiring a mandatory appearance, you were assigned one court date. On that court date you or your attorney was required to appear in court. The Law Enforcement Officer was also require to appear in court. The case would be heard and resolved in one hearing. Unless there was a subsequent appeal, there were no other appearances required.
What happens now that there are two hearings?
Effective in February 2009, if you request a court hearing OR if you were issued a "court mandatory" ticket, you will be sent a notice for an "INITIAL HEARING". The Law Enforcement Officer is NOT required to appear at the initial hearing.
If the Officer is not there, what is the point?
At the initial hearing, the hearing officer/Judge (Michael Irwin) determines if you will qualify for a withhold of adjudication (no points, no conviction) by reviewing your driving record and the current ticket allegation. If you qualify for a withhold and do not want a hearing, the case will be resolved at the first hearing. If you want a trial, you or your attorney will be required to come back to court on another day for the final hearing where the officer will be present.
Ok - so I guess it is best to just request the second hearing because the officer will not show up?
While that may be the case for some situations in South Florida, just setting a ticket for a final hearing in the hopes the officer will not appear is not an effective defense. Cases where there are contested positions, speeds over 30 mph and accident cases are the types that will usually be set for a final hearing. Yes, if the officer does not appear at the final hearing there is a chance that the hearing officer will dismiss the ticket, but it is not as typical as in other Florida counties. Law enforcement in Osceola County is set for court in blocks meaning, a particular officer will usually have several tickets on the same day reducing the chance that he or she will fail to appear.
Given these changes, why should I hire a traffic ticket defense attorney to take care of the ticket?
If you elect court yourself, this election will result in spending hours of time in court appearing for up to two court hearings. When you attend court yourself, you will see that attorney cases are handled first. Most dockets have 50 or more cases for each session. There are usually 3 sessions a day. Out of those cases a large percentage are handled by attorneys. You will have to wait for those cases to be resolved first, only to find out your case is better resolved with a second hearing. By hiring the an attorney, you will avoid all that waiting and up to two court appearances.
Attorney Jason Shepelrich and The Shepelrich Law Firm, P.A. is a Kissimmee, Florida Traffic Ticket, Traffic Citation, Traffic Infraction Law Firm dedicated to defending traffic tickets, traffic citations, traffic infraction, speeding tickets, suspended license tickets, habitual traffic offenders, leaving the scene of accident cases, DUI, and other moving and non moving traffic violations. Attorney Jason Shepelrich has handled thousands of traffic and traffic criminal cases in the following counties since 1998: Osceola County Florida, Orange County Florida, Lake County Florida, St. Lucie County Florida, Martin County Florida, Indian River County Florida, and serving the following cities: Kissimmee, Florida, St. Cloud, Florida, Celebration, Florida, Harmony, Florida, Orlando, Florida, Tavares, Florida, Port St. Lucie, Florida. All cases are handled by Attorney Jason Shepelrich and The Shepelrich Law Firm's Network of Co-Counsel and Coverage attorneys throughout the State of Florida.
In this economy why hire a traffic ticket defense attorney?
I was in court this morning in Osceola County Florida when I witnessed the following situation. The traffic ticket hearings were scheduled to start at 8:00AM. Present in the courtroom was one other Osceola County Traffic Ticket Defense attorney, the in court clerks, the State Trooper who wrote all the tickets for that session and people who were representing themselves. A court deputy showed a video about the traffic school process just after 8:00 AM. The video finished and we waited.
The traffic hearing officer came out to take care of the cases at 8:30AM. Right before the traffic hearing officer came out, one of the people representing themselves asked out loud "Can I get another date? This was supposed to start at 8:00 AM and I have to get going." The person kept asking about a new date because they had to get to work.
What the person did not know when the question was asked is they would have to wait even longer as it is common practice for the hearing officers and Judges to take Attorneys before those people not represented by attorneys. It is often the case that traffic ticket defense attorneys have to be in other courtrooms and by allowing traffic ticket defense attorneys to go first it gives those who are not represented an idea of how the process works.
There were a total of 52 cases set for 8AM. 30 cases were handled by attorneys. The hearing officer addressed my cases and then the cases of the other attorney in court.
After the attorney cases, the hearing officer did not start calling the cases for unrepresented people until about 9:15AM. Those cases were then called alphabetically. The people who expected to be in and out of court were very surprised.
By hiring a traffic ticket defense attorney, you take that burden of finding a parking space, appearing in court, waiting for your case to be resolved off of your shoulders. This only accounts for the time aspects of hiring an attorney and not the legal expertise in resolving cases which I will post about in the future.
Attorney Jason Shepelrich and The Shepelrich Law Firm, P.A. is a Kissimmee, Florida Traffic Ticket, Traffic Citation, Traffic Infraction Law Firm dedicated to defending traffic tickets, traffic citations, traffic infraction, speeding tickets, suspended license tickets, habitual traffic offenders, leaving the scene of accident cases, DUI, and other moving and non moving traffic violations. Attorney Jason Shepelrich has handled thousands of traffic and traffic criminal cases in the following counties since 1998: Osceola County Florida, Orange County Florida, Lake County Florida, St. Lucie County Florida, Martin County Florida, Indian River County Florida, and serving the following cities: Kissimmee, Florida, St. Cloud, Florida, Celebration, Florida, Harmony, Florida, Orlando, Florida, Tavares, Florida, Port St. Lucie, Florida. All cases are handled by Attorney Jason Shepelrich and The Shepelrich Law Firm's Network of Co-Counsel and Coverage attorneys throughout the State of Florida.
The traffic hearing officer came out to take care of the cases at 8:30AM. Right before the traffic hearing officer came out, one of the people representing themselves asked out loud "Can I get another date? This was supposed to start at 8:00 AM and I have to get going." The person kept asking about a new date because they had to get to work.
What the person did not know when the question was asked is they would have to wait even longer as it is common practice for the hearing officers and Judges to take Attorneys before those people not represented by attorneys. It is often the case that traffic ticket defense attorneys have to be in other courtrooms and by allowing traffic ticket defense attorneys to go first it gives those who are not represented an idea of how the process works.
There were a total of 52 cases set for 8AM. 30 cases were handled by attorneys. The hearing officer addressed my cases and then the cases of the other attorney in court.
After the attorney cases, the hearing officer did not start calling the cases for unrepresented people until about 9:15AM. Those cases were then called alphabetically. The people who expected to be in and out of court were very surprised.
By hiring a traffic ticket defense attorney, you take that burden of finding a parking space, appearing in court, waiting for your case to be resolved off of your shoulders. This only accounts for the time aspects of hiring an attorney and not the legal expertise in resolving cases which I will post about in the future.
Attorney Jason Shepelrich and The Shepelrich Law Firm, P.A. is a Kissimmee, Florida Traffic Ticket, Traffic Citation, Traffic Infraction Law Firm dedicated to defending traffic tickets, traffic citations, traffic infraction, speeding tickets, suspended license tickets, habitual traffic offenders, leaving the scene of accident cases, DUI, and other moving and non moving traffic violations. Attorney Jason Shepelrich has handled thousands of traffic and traffic criminal cases in the following counties since 1998: Osceola County Florida, Orange County Florida, Lake County Florida, St. Lucie County Florida, Martin County Florida, Indian River County Florida, and serving the following cities: Kissimmee, Florida, St. Cloud, Florida, Celebration, Florida, Harmony, Florida, Orlando, Florida, Tavares, Florida, Port St. Lucie, Florida. All cases are handled by Attorney Jason Shepelrich and The Shepelrich Law Firm's Network of Co-Counsel and Coverage attorneys throughout the State of Florida.
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