FAQs
SOME TIPS TO HELP AVOID TRAFFIC STOPS
You stand a higher chance of having your motion to suppress granted when a traffic stop is illegal.
Car registration: The car you drive must have a valid registration; however, the law does not specify that you can only drive a car registered in your name. Drive a car that is registered under the name of a responsible family member or spouse. For example, is your mom or wife more likely to be up-to-date on matters? Does this person always make sure to remember to update their registration? Is this person a safe driver and unlikely to have their DL suspended? You should be driving a car registered under their name. In Florida, you can legally drive a car registered in someone else's name, provided you have their permission. Just imagine a cop running your tag, and the tag comes back suspended or the registration has expired. You may be exposing yourself to bigger issues.
Tinted Windows: The Florida sun can be very bright, but the average person in Florida drives less than 40 miles per day—you will just be fine. Avoid tinting your car windows; if you must, make sure the tint is as light as possible.
Traffic infractions: In Florida, the most common is speeding. Studies find that speeding saves a small amount of time—unless there is an emergency, it is not worth it.
Car smell: Marijuana smell can be a justification for a car search. Unfortunately, there is no objective way of doing a smell test—if you smoked Black and Mild cigarettes, cigars, marijuana, or CBD, and a cop believes he smelled marijuana, your car will be searched. Avoid smoking anything in the car you drive, and make sure to always have a fresh smell in your car.
Although the smell of marijuana by itself is not enough probable cause for a search, cops may still attempt it, and the legal hurdles you have to jump through are just not worth the headache.
Other things to consider:
Driving high-performance cars (sports cars) or making aftermarket modifications may make the car a police magnet.
Check your front, rear, and brake lights and make sure they are functioning. Make sure to fix any broken side mirrors.
Avoid older or unreliable cars that tend to break down.
Loud music from a vehicle is against the law in Florida.
High beams during rain are illegal
Can I get a Diversion for a DUI in Florida?
Yes, diversion can be available for first-time DUI offenders who fit certain criterias:
Your BAC was .200 or below
No crash involved
There were no minors or animals involved (i.e., none present inside the car while driving impaired
No prior felony conviction
Driving with a valid DL
No accompanying felony or drug charges cases
There are two tiers of diversion. Tier one is for BAC levels below .150, and tier two is between .150 and .200
Both come with 12 months’ probation and similar conditions.
Do I need a criminal defense lawyer if I’m arrested in Florida?
Having a criminal defense lawyer isn’t legally required—but it’s almost always in your best interest because they are trained to make sure your rights are protected.
Cops and prosecutors are trained to build a case against you. A lawyer makes sure your constitutional rights (like against unlawful searches or self-incrimination) are not violated.
Every defendant has a right to a lawyer. If a defendant cannot afford a lawyer, one will be appointed to represent them.
A private counsel typically has a smaller caseload, and you get to choose your own lawyer. A defendant can retain private counsel earlier in the process, which sometimes can lead to charges not being filed.
What are my rights if I’m stopped by the police?
The most important right (IMO) is the right to remain silent. If you are driving, you do not have to answer anything beyond providing the required documents.
You have the right to leave if you are not being detained or arrested. Ask if you are free to leave, and if the officer says no, you are being detained.
It is very important to stay calm during interactions with the cops even when you believe your rights are being violated. A sudden movement or aggressiveness can be interpreted differently, which may give rise to a frisk or more.
You have a right to a lawyer. The moment you invoke your right to a lawyer, all questions must cease.
Can I get my criminal record sealed or expunged in Florida?
Yes, but you must be eligible. It depends on the type of case and your history.
A sealed record is hidden from the public, but the government may still see it.
An expunged record is physically destroyed.
You may qualify if you’ve never been convicted (adjudicated guilty) of a crime—meaning your case was dismissed, not filed, or you received a withhold of adjudication on an eligible offense. You may not qualify if you have a prior record that was sealed or expunged in Florida or have an open case.
Website for more information: https://www.fdle.state.fl.us/seal-and-expunge-process
How much does a criminal defense lawyer cost?
Every defendant has a constitutional right to an attorney—if you cannot afford one, the state will provide you one for a very minimal expense. Private criminal attorney costs vary based on the type of offense, criminal history, and whether a case goes to trial. Some attorneys charge by the hour, but at Lootilaw, we have a flat fee. We believe everyone deserves a solid defense against the power of the government. We also believe in working with our clients, which includes a consideration of their financial capability. We accept cash, debit, or credit payments. We also offer payment plans designed to ensure that your case receives the utmost attention.