ERIC J DIRGA, PA

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Criminal Case Resolutions

It is very important to ask for the withhold of adjudication on the Lesser Included Offense [LIO]. This is especially true if this is the first criminal offense for your client.

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Why The Courts Are Wrong About Calculating HTO Status

Calculating HTO status correctly under Florida law the right way. It may not be accepted by the courts today but it is worth educating people. The Definition of Habitual Traffic Offender Section 322.264, Florida Statutes, is not a penalizing statute…

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Double-Jeopardy Issues with Suspended License Cases

Just a quick post on double-jeopardy issues with suspended license cases Early on, prior to the Blockberger case, a person could be found guilty of Driving While License Suspended [DWLS] and No Valid Drivers License [NVDL]. Lanier v. State, 226 So.2d…

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Can A Fixed “Suspension” Thwart a Conviction for DWLS-HTO

I have been perplexed by an issue that seems to depend on the Court I am before. When a client hires me with a new law offense for driving while his license has been suspended as a habitual traffic offender…

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