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

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

Remaining Silent

If you are ever arrested in Dade, arrested in Broward, or arrested in Palm Beach, the most important thing is to remain silent and ask for your lawyer.  At this point, the police are required to stop asking you questions.  I wish this was always the case.  Many times, they do not stop.  NO MATTER WHAT….always remain silent and keep asking for your lawyer.

I don’t care what they promise you or threaten you with, remain silent and ask for attorney Phillip Menditto.

Even if you get a DUI in Dade, a DUI in Broward, or a DUI in Palm Beach, once you are arrested, remain silent and ask for your lawyer.  During a DUI investigation, you must answer some questions or else you come across as drunk but that is a subject for next time.  Once you have been put into cuffs, stay quit and ask for criminal defense 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

Dressing Properly

Whenever you go to court, you should dress professionally which will please his or her honor. Today, I had a client who didn’t dress properly and you could see the Judge wasn’t happy with my client’s attire.

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@phillipmenditto.com
Website: www.phillipmenditto.com

In People 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