Lotter Law Blog

Searching for DUI or DWI defense in Florida? Here's the first thing you need to know: Florida doesn't have DWI charges. Learn why, understand Florida's BAC limits, penalties, and defense strategies from a former law enforcement officer turned criminal defense attorney.

Client was charged with felony cannabis possession after police found drugs in the car he was driving. But the drugs weren't on his side—and the passenger had his own contraband. After 6 months, the State dismissed all charges. Learn how constructive possession defense works.

Florida is transitioning to the Intoxilyzer 9000. Other states already using it have documented problems—machine failures, software glitches, and calibration concerns. Here's what DUI defendants should know before the new machines arrive.

Opened your mail to find a stack of toll violations? You're not alone. When violations pile up, the fines multiply fast. Court data shows attorneys get 21.9% of toll cases dismissed vs just 6% for self-represented defendants—and the gap widens with multiple violations.

Defense attorneys who understand case patterns build better strategies. See what nearly 10,000 Orange County court filings from New Year's week reveal about criminal and traffic enforcement—from the 69% of traffic citations that are camera-based to the top criminal charges filed.

FDLE publishes 134,000+ breath test records. We analyzed them and found documented errors: expired calibration gas, date/time changes, and control test failures. See what the data reveals about Intoxilyzer 8000 reliability in Florida DUI cases.

You just got your first reckless driving charge. Your heart is pounding. Take a breath - you're not alone, and you have options. Learn about penalties, defenses, and how first-time offenders can get charges reduced or dismissed.

It's January 1st. You're making resolutions - but there's one you keep pushing to "someday." That old arrest that still shows up on background checks. Make 2026 the year you finally seal or expunge your Florida criminal record and move forward with a clean slate.

Holiday DV arrests create a perfect storm: high arrest volume plus courthouse closures mean your case moves in slow motion. Learn why arrests spike over the holidays, when you'll see a judge, and how to protect yourself during this difficult time.

State v. Repple briefly made breath tests by municipal officers outside city limits inadmissible. We used it in four cases to suppress breath tests and shift leverage. Then the Florida Supreme Court reversed it. This is what happened, why it mattered, and what it teaches about aggressive defense.

The breath test machine that decides whether you go to jail runs on software last updated in 2012. The manufacturer lost the original code. And when defense attorneys proved it was unreliable, Florida changed the law to stop them from challenging it. Part 1 of a 3-part series.

That $2 toll you forgot about could cost you hundreds. Learn how toll violations escalate in Florida, why good people end up in court over missed tolls, and how an attorney can help get the vast majority of charges dismissed.

Trump signed an executive order directing the DEA to reschedule marijuana from Schedule I to Schedule III. But Florida law doesn't automatically follow federal scheduling. Here's what this means for marijuana charges in the Sunshine State - and why it's a "wait and see" situation.

Every Florida traffic stop follows a 10-step protocol. Officers are trained on exactly what they can and cannot do - from when they can search your car to how long they can detain you. As a former law enforcement officer, I explain the training, your Fourth Amendment rights, and how to protect yourself.

That piece of paper you just signed might be a traffic ticket, or it might be a criminal arrest. Florida has three types of citations that look nearly identical but carry vastly different consequences. Learn the critical difference between civil infractions, mandatory court appearances, and Notice to Appear citations before it's too late.

A dashcam video of a driver clocked at 103 mph went viral. Criminal charges were filed under Florida's new super speeder law. Then the charges were dropped. How did a viral arrest end without a criminal conviction? Discovery failures, excluded evidence, and government inefficiency.

A 21-year-old still carrying a juvenile record from age 16 faced a felony weapons charge after a seatbelt stop. Our motion to suppress exposed an unlawful Terry frisk. The State emailed the dismissal while I was parking at the courthouse for the hearing.

A motion to suppress can make or break your case. Understanding burden shifting, whether you need to testify, and why you should be present at the hearing matters. In 95%+ of cases, clients don't testify. But when they do, the decision requires careful analysis of exposure, prosecutor experience, and alternative evidence options.

Sanford Police Officer Ronny Neal was arrested on 80 felony charges after an 11-month fraud scheme. He was a 22-year veteran—and the department's lie detector examiner. His case reveals a harder truth: when we place officers beyond scrutiny, we create exactly the environment where corrupt ones thrive. Real accountability means more scrutiny, not less.

Client crashed into a secured gate at a car dealership and was charged with leaving the scene under F.S. 316.061. Problem: Florida's traffic laws only apply where the public has a right to travel. A gated dealership lot isn't a public highway. We filed a Motion to Suppress challenging jurisdiction. The State dropped the case the morning of the hearing - citing "victim cooperation" rather than concede the legal argument. Aggressive defense creates exits that don't exist otherwise.

When the State fails to turn over discovery, there are consequences. Today the court granted our Richardson hearing motion and excluded the radar evidence in a 103 mph super speeder case. The judge called the State's conduct "tantamount to a midnight disclosure." Criminal charge reduced to careless driving.

Florida's new license plate obscuring law (F.S. 320.262) took effect October 2025, and officers are writing tickets for plate frames that have been on cars for years. But the FLHSMV just clarified what's actually illegal—and standard dealership frames are NOT. Learn what the law really says and how to fight a bogus ticket.

Our client was charged with careless driving after a chain reaction collision. A vehicle several cars ahead made a sudden turn into a Starbucks, triggering a chain of braking that resulted in multiple impacts. Using the sudden stop defense established in State v. Gworek, we argued that rear-end collisions aren't automatic proof of careless driving. The court agreed: Not Guilty.

Florida's mandatory 10-day jail minimum for a third NVDL conviction isn't just about traffic safety—it's an immigration enforcement mechanism. By forcing undocumented drivers into the jail booking system, the state ensures ICE notification through Secure Communities and 287(g) programs. What was once a fine-and-release offense has become a pipeline to deportation. Learn how this deliberate policy choice works and what it means for defense strategy.

100+ mph in a 60 zone. Porsche. Criminal charges under Florida's new super speeder law (F.S. 316.1922). At trial, the State asked for a continuance—we announced ready. The judge denied their request. Rather than proceed without proper radar foundation, the State dropped the case. Learn how demanding calibration logs, training certificates, and bench test records forced the dismissal of this dangerous excessive speeding charge.

A co-parenting dispute turned into felony burglary and criminal mischief charges. Our client spent a night in jail, faced a no-contact order, and lost custody of her child—all weeks before Thanksgiving. We re-interviewed the victim, who declined to proceed. Both charges dismissed the Monday after the holiday. Learn how Florida's broad burglary statute can turn domestic arguments into felonies, and why proactive defense investigation matters.

A 19-year-old with a firearm in a zippered cross-body bag was charged with carrying concealed—a felony. The officer claimed the bag on his lap meant "concealed on person." We argued it was securely encased under F.S. 790.25 and raised a post-Bruen constitutional challenge to the 21+ age requirement. The State dropped charges the morning of our Motion to Suppress hearing rather than litigate these issues. Includes embedded video explaining Florida's firearms carry laws.

Elon Musk announced that Tesla's Optimus robots could follow people to "prevent future crimes." Meanwhile, AI is already writing police reports in 100+ departments—and the EFF found that Axon deliberately hides what the AI wrote from defense attorneys. If AI determines your freedom and robots may soon make arrests, who do you cross-examine? Attorney Jeff Lotter examines the 6th Amendment collision course between Constitutional rights and autonomous machine witnesses.

Every year, thousands of firearms are discovered at TSA checkpoints—and most belong to licensed gun owners who simply forgot. In Florida, this mistake triggers both state criminal charges under F.S. 790.06(12) and federal TSA civil penalties up to $12,210. Attorney Jeff Lotter explains exactly what happens when TSA finds your firearm, why "I forgot" isn't a legal defense, how Orlando's prosecution approach differs from other jurisdictions, and the critical steps to take if you're facing charges. Your CCW permit won't protect you at the airport.

Domestic violence arrests in Florida trigger an automatic "No Bond" hold until First Appearance. The judge will impose Pre-Trial Release conditions that govern your life for months—and violating them, even with the alleged victim's consent, can result in immediate incarceration. Attorney Jeff Lotter explains the mandatory hold under F.S. 741.2901, common PTR conditions like no-contact orders and residential exclusion, and the contempt of court trap that catches defendants off guard. Learn how we can help protect your interests whether you hire before or after First Appearance.

In Florida hit-and-run investigations, the State must prove YOU were the driver—not just that your vehicle was involved. Attorney Jeff Lotter explains the corpus delicti rule: your confession alone cannot sustain a conviction without independent proof. Learn why the "just clear things up" trap destroys cases, how the accident report privilege works (and its limitations), and why remaining silent while engaging counsel for pre-file intervention is the smartest strategy. Vehicle ownership does not equal driver identity.

Florida's hidden 5-year statute of limitations for retail theft (F.S. 812.035(10)) is a trap for graduate students and professionals. While most misdemeanors have a 2-year limit, retail theft charges can surface years later—threatening bar admission, medical licensure, and professional careers. Attorney Jeff Lotter shares a case study where aggressive evidence-based defense secured a complete dismissal the night before trial. Learn why a withhold of adjudication still destroys careers and why the only acceptable outcome is dismissal.

You expect Officer Friendly. You get the Paratrooper. Former State Trooper Jeff Lotter exposes how modern policing has adopted military LGOP tactics—deploying officers like paratroopers behind enemy lines, where you're the enemy territory. Learn about the most dangerous officer you'll never see coming: the highly competent "Creative Writer" who buries unconstitutional stops in 10 pages of perfect case law. Discover how pretextual enforcement works, why citizens are at a devastating tactical disadvantage, and the five survival rules for protecting your rights when you're in the crosshairs. Essential reading for every Floridian who thinks "I have nothing to hide."

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Discover how Lotter Law leverages a unique, interactive dashboard to analyze years of Orange County arrest and citation data, gaining unprecedented insights into local legal trends to build stronger, data-driven defense strategies for our clients.

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 .

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.

Even a first-time DUI can be complex. This case study details a client's challenging journey through diversion entry and program requirements, culminating in an unexpected dismissal after eating a honey bun on a lunch break caused a false positive breath result. Learn why legal counsel is vital.

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.

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.

"Probable cause" is a term you might hear frequently in relation to criminal law, but what does it truly mean, and how does it affect your rights? As a cornerstone of the American justice system, protected by the Fourth Amendment, understanding probable cause is crucial if you're facing criminal charges in Florida.

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.