Tuesday, June 10, 2014

Can an Attorney Help You Get Your Drivers License Back? By Heiko G. Moenckmeier.

Yes.  Attorney Heiko Moenckmeier can help you.  Did your license get suspended?  Did you receive a Habitual Traffic Offender suspension notice in the mail?  Did you get a traffic citation for Driving While License Suspended Without Knowledge?  Did you get a Notice to Appear or ARRESTED for Driving While License Suspended With Knowledge? Contact experienced Florida Habitual Traffic Offender Drivers License Attorney Heiko Moenckmeier today @ 407.504.1384.  I WILL HELP YOU. 

Whats the Attorney Need from me? (Help Me Help You!)
Your drivers license number and date of birth, and if you have it- a copy of the suspension notice and any citations you have received.

What the hell just happened?  Why is my license suspended?
We all love the Florida Department of Motor Vehicles dont we?  That long wait, at a random time in the week that you picked yourself thinking no one else would be there.  You better have your Social Security Card, Passport, birth certificate, proof of residence, and a talking parrot, and you best not have forgotten anything! But we suffer through because damn it, we need our drivers license!  Because you damn well need to drive to go to the store, to get diapers and formula, to take your baby to the hospital on a high temperature and to get to and from your J-O-B!

So you got stopped a few times when you were low on funds, hadnt paid your car insurance, and let it lapse.  The officer gave you a few tickets- speeding, and driving while license suspended without knowledge.  These go unpaid, but you didnt go to jail, so thats great!  And you get a few more tickets...  Then one day, the Florida  Department of Motor Vehicles sends you a Habitual Traffic Offender license suspension notice in the mail.  If you got one of these- call me now- 407-504-1384.  Attorney Heiko G. Moenckmeier (thats me) has extensive experience in overturning traffic and criminal convictions, negotiating tickets and getting you your drivers license back!


Dont pay that ticket!  Paying tickets at the counter equals points on your license, possible suspensions, and increased car insurance rates.  Experienced Orlando suspended license and ticket attorney Heiko Moenckmeier can help keep points off your license, keep your insurance rates low and prevent or overturn your drivers license suspension.

You may not know, an attorney can help you in traffic court by simply getting you withholds of adjudications (meaning its not a conviction under the Habitual Traffic Offender Statute).  This is what happens when you take a class, but an attorney saves you time and money that you can use to do other things besides go to a driver improvement class (which you can only do five times in your life).  If you pay your speeding tickets, failure to yields, and driving while license suspended without knowledge tickets at the window at the clerk of courts office, or mail in your payments, or pay online, that is a CONVICTION under the meaning of the Law.  Increased insurance rates, and racking up points on your license are NOT what you want to do.  You DO want your lowest insurance rates, and you DONT want to get your license suspended, right? Orlando Attorney Heiko Moenckmeier can help you by fighting your charges, negotiating withholds of adjudication and sometimes lower fines, or even getting your charges dismissed completely! 

Contact experienced Orlando and Kissimmee Suspended License Attorney Heiko Moenckmeier Today, at 407-504-1384.  Cash, money order, and Major Credit Cards accepted.

The Law Firm of Heiko G. Moenckmeier, LLC does not offer any guarantees with regard to the outcome of your legal matter. Prior results in other cases do not guarantee a similar outcome in your case.
Some jurisdictions may consider this to constitute attorney advertising. Hiring an attorney is an important decision that you should not make based solely on advertising or on our self-proclaimed expertise. Rather, you should make your own independent evaluation of any lawyer who you are thinking about hiring.

Saturday, April 19, 2014

Reckless Driving Yasiel Puig Pontification By Heiko G. Moenckmeier, Esq.

So Might as well give you my two cents on the Yasiel Puig arrest for reckless driving for going 110 miles an hour on Alligator Alley, Collier County It was case 2013CT004124A, which was nolle prossed (dropped) pretty darn quick, making his attorney Hoss Hernandez second only to us I mean, Yasiels Mercedes is built to travel 160 miles per hour on the Autobahn, and Alligator Alley is Floridas Autobahn (except for the irate troopers).  What a peach of a case!  No weaving, no cutting people off, no one else on the road in the troopers dash cam.  This case was made to be dropped, and this troopers judgment on what constitutes reckless driving is waaaay off.    

The only thing the officer can rely on is his observations, and theres no one around Mannys fat S class that he put in danger (you need to endanger another vehicle to sustain a factual basis for reckless driving.)  The officer cant theorize that the speed would at some point put somebody in danger. 

Speed Alone cannot be the basis for a reckless driving conviction Miller v. State 636 So.2d 144 (1st DCA 1994). 

The statute is 316.192Reckless driving. which reads:
(1)(a)Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b)Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
(2)Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
(a)Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
(b)On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
(3)Any person:
(a)Who is in violation of subsection (1);
(b)Who operates a vehicle; and
(c)Who, by reason of such operation, causes:
1.Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2.Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term serious bodily injury means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Saturday, January 11, 2014

The Difference Between Lake County Reckless Driving And Lake County Careless Driving

We often have clients that confuse reckless driving and careless driving. The charges sound similar and legally are very similar. The primary difference is a Lake County careless driving is a civil traffic infraction punishable by up to a $500 fine. Lake County reckless driving is a criminal traffic offense punishable by up to a $500 fine, 6 months probation and 90 days in jail. Careless driving is much more common with 2,464 Lake County cases in 2012 compared to 84 Lake County reckless driving cases. Both charges require the endangerment of person or property with the primary difference being that careless driving can be proven by negligence and reckless driving requires that the state prove the actions were willful. A Lake County careless driving case cannot end in an arrest unless some other crime occurs. It is a common cause of police contact for a Lake County suspended license arrest and if the driver does not stay to exchange information the careless driving can result in a Lake County leaving the scene of an accident arrest. Careless driving cases have many defenses and a high percentage of these cases are dismissed at traffic hearings. Of the 622 careless driving cases that went to a hearing in Lake County 224 were either dismissed or found not guilty. Another 78 cases resulted in a withhold of adjudication at hearing. Attorney Kevin J. Pitts is a former Florida prosecutor that has extensive experience not only defending traffic cases but also prosecuting them for the State Attorney's office. Criminal traffic cases can have serious consequences in Lake County including jail and probation. Civil traffic infractions can dramatically increase insurance rates and place points on your license that can cause a license suspension. When your license and freedom are on the line you need a defense attorney on your side. If you are accused of a traffic offense in Lake County, Florida contact attorney Kevin J. Pitts to set up a free initial consultation. Attorney Kevin J. Pitts can be reached at 407-883-6853 or 386-451-5112. Mr. Pitts handles all types of traffic violations in Central Florida from speeding tickets to serious felony traffic offenses.

Tuesday, January 7, 2014

Osceola County Bus Driver's Careless Driving Case Dismissed

According to an article by Desiree Stennett of the Orlando Sentinel an Osceola County bus driver was accused of careless driving in Osceola County after an accident involving his bus and a school bus. The incident occurred on 9/6/2013. The citation was challenged at an infraction hearing and the case was dismissed on 12/19/2013. I did not personally handle this case and the information was obtained from the Osceola County Clerk's website. If you have been accused of careless driving or reckless driving it is always a good idea to hire an attorney. Many Osceola County reckless driving cases are overcharged by an officer that is offended by driving. If an accident occurs a careless driving citation is almost a reflex for the officer on scene. Reckless driving and careless driving cases have specific elements that must be established for a conviction. If you are accused of a careless driving case or a reckless driving case in Osceola County contact attorney Kevin J. Pitts to set up a free consultation at 407-268-3688.