Legal Question in Traffic Law in Florida

Re: habitual offender dwlsr / good samaritan

He may be entitled to what is called a necessity defense. However, I would have to read or know more of the facts of the case to see if it would apply. Hope this helps. Feel free to contact me below (e-mail address at srosso-armn-law.com) or set up a free consultation to discuss the facts of the case.

Re: habitual offender dwlsr / good samaritan

Hello: I just read your question. 'Sorry you guys have to go through this. I cannot give you a specific statement of the consequences without knowing more about the case and his prior record. For example, his prior record will have an impact on the State Attorney's offer for him to plead to should he desire to negotiate a plea. If he does desire to enter a plea to a reasonable sentence, he should try to get a withhold of adjudication of guilt. This would avoid a felony conviction.

If he does not want to plead or there is not a reasonable offer, he should have an attorney. The attorney should get the reports from the police officer and see if the stop was legal or if there is some other point of attack.

It probably will not affect the State Attorney or the court if he was performing some good samaritan act unless the sole reason he was driving was for an emergency for someone.

Good luck. If we can be of any assistance up here in North Fla., please contact my office. Tom Rosenblum

Re: habitual offender dwlsr / good samaritan

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A Quit Claim Deed takes precedent over the Last Will and Testament because it takes the property out of the estate and is not part of it. Unfortunately, it is often not the best way to transfer property from one relative to another.

Without knowing more about your fact pattern, it will be impossible for anyone to truly answer you question. What did this "emergency" concern? As well as reviewing your fiance's prior record, the state attorney may ask the following: Was it life and death? Were the police called? Why not call an ambulance or the police instead of your fiance? Where is proof of the emergency? Couldn't someone else have helped the friend?

Your fiance may have some valid defenses. He should consult and retain an attorney to represent him in this matter.

Scott R. Jay, Esq.