Lotter Law Blog

Insights on Criminal Defense, DUI, and Your Rights in Florida.

The "FTO Factor": The Hidden Risks and Opportunities in Training Arrests

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When you see two officers in a patrol vehicle, it could signal a unique opportunity for your defense. Attorney Jeff Lotter reveals how Field Training Units create hidden leverage points in DUI and criminal cases—from "graduation pressure" that creates conflicts of interest to Daily Observation Reports that expose officer uncertainty to administrative paperwork errors that prevent you from getting your hardship license. Learn how training-phase arrests introduce systemic pressures that compromise investigations and create the "Rookie Tax" that disrupts your daily life. Discover why demanding discovery that other attorneys miss can trigger Richardson Hearings and massive plea negotiation leverage.

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Florida's Hidden Constitutional Armor: The Privacy Right That Goes Beyond Miranda

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Most Floridians don't realize they carry a constitutional shield that residents of other states simply don't have. Florida's Article I, Section 23 provides an explicit right to privacy that goes beyond the Fourth Amendment's protection against unreasonable searches. Attorney Jeff Lotter explains how this powerful constitutional provision can transform criminal cases—from digital device searches to home surveillance to drug investigations. Learn why Florida's enhanced privacy rights often mean the difference between conviction and walking free, and why missing the opportunity to invoke this protection at the right moment can mean losing it forever.

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Medical Marijuana Patients: Original Packaging Isn't Optional—It's the Law

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A Wakulla County court just ruled that having a medical marijuana card isn't enough to avoid criminal charges. In State v. Bartley, a qualified patient faced prosecution for possessing legally purchased marijuana in a plastic bag instead of original dispensary packaging. Attorney Jeff Lotter breaks down this critical decision and what every Florida medical marijuana cardholder must know to avoid criminal charges. Learn the original packaging requirement, real-world scenarios that lead to arrests, and essential compliance tips for the 800,000+ Florida medical marijuana patients.

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Don't Let Your Past Define Your Future: Clear Your Criminal Record

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A criminal record follows you everywhere—affecting jobs, housing, and opportunities. Even dismissed charges can hold you back. Florida's sealing and expungement laws offer a second chance. Attorney Jeff Lotter, a former State Trooper and Deputy Sheriff, now fights to clear your record. Learn how Lotter Law can help you seal or expunge your criminal record. Flat-fee pricing at $1,500. Free consultation. The process takes 7-12 months, but the benefits last a lifetime.

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Florida's New DUI Refusal Law: Criminal Penalties Start October 2025

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Starting October 1, 2025, refusing a chemical test after a DUI arrest in Florida is now a criminal offense—a second-degree misdemeanor for first-time offenders. Attorney Jeff Lotter breaks down the three phases of DUI investigations, explains the critical difference between field sobriety exercises and chemical tests, and reveals a little-known legal protection that could save your case. Learn why that 10-day window after arrest is crucial and how the state's 2007 Intoxilyzer technology might work in your favor.

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Concealed Carry or Securely Encased? Understanding Florida's Firearm Transport Laws

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Florida law on transporting firearms in vehicles isn't as straightforward as it seems. Is that crossbody bag in your front seat considered "securely encased," or could it lead to criminal charges? In this post, Attorney Jeff Lotter breaks down the statutes, real case examples, and the differences between lawful concealed carry and a potential felony. You'll also learn how these definitions affect lawful gun owners and what you can do to avoid legal trouble on the road.

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Why Hiring an Attorney Beats Handling a Traffic Ticket Yourself – The Data Speaks

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Think paying that Florida traffic ticket is the easy way out? Think again. Our exclusive Orange County data shows how hiring an attorney can lead to better outcomes, lower fines, and cleaner records — and how Lotter Law consistently outperforms both other attorneys and self-represented drivers. This interactive post lets you explore real case outcomes, compare results, and understand why the "75-year trap" is just one of many reasons to fight back.

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Florida's New Dangerous Excessive Speeding Law Directs Attention to Orange County Speeding Datas

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Attorney Jeff Lotter analyzes 46,851 speeding tickets from Orange County to reveal critical enforcement patterns ahead of Florida's new dangerous excessive speeding law. Starting July 1, 2025, drivers caught going 50+ mph over the speed limit face criminal charges with up to 90 days jail time. Explore our interactive dashboard to research specific agencies and officers, and discover how concentrated enforcement patterns could impact your defense strategy.

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The 75-Year Speeding Ticket Trap: What Every Florida Driver Needs to Know

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Paying your speeding ticket in Florida locks it onto your record for 75 years - until you're 93 years old. But fighting it, even if you lose, means only 5 years on your record. Based on our analysis of 30,000+ Orange County traffic cases, we reveal how 28,614 drivers fell into this trap last year alone. Learn why Lotter Law's nearly 50% dismissal rate makes fighting your ticket the smart choice, and discover the three things the state must prove for radar evidence to hold up in court.

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When Marijuana Charges Trigger Felony Weapons Offenses in Florida

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When Shawn Ryan joked with Governor Gavin Newsom about bringing THC gummy bears to his podcast—while gifting him a firearm—he unknowingly highlighted one of Florida's most dangerous legal traps. Attorney Jeff Lotter breaks down FSS 790.07(2) and reveals shocking data about how marijuana charges can turn legal gun ownership into serious felony charges with up to 20 years in prison.

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New Florida Laws July & October 2025: What You Need to Know

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Attorney Jeff Lotter breaks down major Florida statutes taking effect in 2025. From enhanced penalties for excessive speeding and animal cruelty to new capital offenses for human trafficking, discover how these legislative changes could impact you. Learn about the new 50+ mph speeding felonies, boating DUI laws, license plate alterations, and more.

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Case Analysis: Fellow Officer Rule

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The fellow officer rule is used continiously by law enforcement. It's a construction of law that allows officers to 'arrest' or take other enforcement action based upon information provided to them by another law enforcement officer. When the police don't properly employ the fellow officer rule it leads to evidence being suppressed. This page breaks down a real world case in which Attorney Lotter used a motion to suppress to exlude critical DUI eviedence. Inside you'll find a .

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Criminal Procedure - Pre-Trial Motions

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Criminal Procedure was my favorite topic in law school - at the heart of crim pro are the ever powerful pre-trial motions. This page breaks down some of the essential motions like suppressing evidence and statements, and motions to dismiss. Understand these legal tools will allow you to see their significance and potentially lead to reduced charges or a dismissal. However, they are not without risk - discover how experienced attorneys strategically use these motions to protect your rights and fight for a favorable outcome.

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The Lotter Law Edge: Unlocking Better Outcomes with Orange County Case Data Analysis

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Every criminal case unfolds within a specific local legal landscape. While general legal principles apply everywhere, understanding the nuances of how cases are handled in Orange County, Florida, can provide a significant strategic advantage. At Lotter Law, we've taken this understanding to the next level by meticulously collecting and analyzing years of arrest and citation data directly from Orange County. This unique, data-driven approach allows us to see patterns, anticipate trends, and build more effective defenses for our clients.

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Lotter Law Leverages Forensic Video Analysis

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In today's world, video evidence plays an increasingly pivotal role in criminal cases. From police body cameras to storefront surveillance, footage can make or break a defense. However, simply viewing a video at face value is often not enough. Crucial details can be hidden in plain sight, obscured by poor quality, or missed in fast-moving events. At Lotter Law, we go beyond a superficial review, utilizing powerful tools like Adobe Premiere Pro to dissect video evidence and uncover the truth.

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It's Perfectly Legal To Refuse Roadside Sobriety Tests In Florida

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When facing a traffic stop and suspected of DUI in Florida, one of the most critical decisions you'll make involves whether or not to submit to roadside sobriety tests (also known as Field Sobriety Exercises or FSEs). Many people are unaware of their rights in this situation. Let's clarify: it is perfectly legal and often sound legal advice to politely refuse these roadside tests in Florida.

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