Double Trouble for Man Stopped for Suspected Suspended Driving License Violations

By November 6, 2015Criminal law, Traffic Tickets

By: Albert Quirantes, Suspended License Lawyer in Miami – 305-644-1800

www. TicketLawyer.com

Michael Allen, aged 60 years, was recognized by police for driving with a suspended license and was subsequently apprehended.

Following his arrest the officer found a packet of cigarettes that was open and appeared to have been interfered with. After looking more closely the inspecting officer discovered that a single cigarette was contaminated with a substance that had crystallized which was confirmed to be a drug called “Flakka”. This is the street name given to alpha-PVP, a synthetic drug that can be snorted, eaten, smoked in a specially designed electronic device or injected.

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After use, the user may experience paranoia, hyper-stimulation and hallucinations. The effects are so severe that aheart attack or suicide is a potential threat.  In Florida, it is classed as a Schedule 1 drug, similar to the status of marijuana, heroin, peyote, LSD and ecstasy.

Under Florida State Laws it is against the law to possess, to import, to distribute and to traffic in a controlled substance like Flakka. However, for a prosecution to take place the prosecutor has to show that the accused had unlawful possession of a controlled substance and he or she knew that possession was illegal.

There is some controversy over Flakka, because it is made from common bath salts, which as an individual entity are not illegal, but the chemical alpha-PVP is illegal which is one of the ingredient found in Flakka and therefore it is listed as a prohibited chemical under the law.

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Allen will have to hire an experienced Miami criminal defense attorney  to ensure he doesn’t get convicted for illegal possession of a controlled drug, especially if he wasn’t aware that possession was illegal.

Allen was also charged with driving on a suspended license. It is also a crime to be behind the wheel of a vehicle with a license that has been suspended. License suspensions take place for a number of reasons including DUI, failing to pay traffic tickets, refusal to be tested for alcohol by taking a breathalyzer test, driving without vehicle insurance, and supplying false information when applying for a driving license.

1st and 2nd time offenses for driving on a suspended license are misdemeanors and the punishment could be up to 60 days in prison or a fine up to $500. 3rd time offenses are a felony which could result in a prison term of no more than 5 years and/or a fine not exceeding $5,000.

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Sometimes a driver is not aware that his or her license has been suspended so it is important to contact a Florida criminal defense attorney to put up a defense. This misunderstanding could be due to having not received official notification of suspension. The prosecutor has to be able to prove without doubt that the defendant knew that his or her license had been suspended. Evidence can be found through documentation including records kept by the Department of Motor Vehicles and a copy of a letter informing that the license had been suspended.

All in all Allen, has several charges to face and he will need an experienced Miami criminal defense attorney to stand up for him in court.

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If you have any questions about this article or any other criminal defense legal issue, please contact Miami criminal defense attorney Albert Quirantes at www.CriminalDefendant.com, where you can click call us at 305-644-1800, click to text us, click to email us, or click for a map and directions to our office.

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