What is a criminal traffic ticket?
A criminal traffic ticket is a case in which a person is suspected of committing a traffic violation which is punishable as a misdemeanor offense. Under the laws of the State of Florida, these violations can be punishable with a variety of penalties which may include, but are not limited to, probation, fines, and incarceration. Most cases are closed with fines and costs assessed as well as some form of rehabilitation program. Most cases are not disposed of with incarceration but it is a possibility if a defendant is found guilty of this type of violation. (Examples are DUI, knowingly driving with a suspended license, reckless driving, etc.)
What are my options if I received a criminal traffic ticket?
If you receive a criminal traffic ticket, you must wait for your hearing date to come to you by mail. You must appear in court. At that time, you may enter your plea to the violation. Failure to appear in court could result in a bench warrant being issued for your arrest. The Clerk of Courts can accept no payment until your case has been disposed and the judge has ordered you to pay fines and/or costs.
What if I cannot attend my hearing on a criminal traffic ticket?
If you cannot attend your scheduled hearing on a criminal traffic ticket then you should contact the judge who is assigned to your case. The judge's name should be listed on your notice to appear.
What can I do if I did not attend my scheduled court hearing for a criminal traffic ticket?
If the case is a criminal traffic violation, you must file a motion to set aside bench warrant and contact the Judge's Assistant to have the case set on the judge's calendar.
What are the steps to expunge or seal a criminal traffic ticket from my record?
Pursuant to Section 943.059, Florida Statutes, and Florida Rule of Criminal Procedure 3.692, you may expunge a criminal traffic citation. You are only eligible provided you have not secured a prior records expungement or sealing. If you were adjudicated guilty of a charge, you are not entitled to expunge or seal the record.
Why spend more to fight a less expensive fine?
The cost of representation may be more than the fine, but the long-term effects of a charge are costly. Paying a fine means you are pleading guilty to a charge. Once convicted, your insurance premiums will most likely increase significantly. Depending on the charge you are convicted of, your insurance rating may change, resulting in your insurance company significantly raising your automobile insurance premiums over time or even possible cancellation of your policy.
Why shouldn't I just pay my traffic ticket by mail?
By simply paying your ticket, you are pleading guilty as charged. This will result in points on your driving record and higher insurance premiums. The State of Florida keeps track of the number of points on your driver's license record. If these points exceed a certain number, within a certain period of time, your driver's license will be suspended.
I really committed the traffic related offense, why should I fight the ticket?
You should know that by paying a traffic ticket fine you automatically admit to wrongdoing. And by doing so, points will be assessed to your drivers' license record. The result could potentially affect your ability to drive legally, and will probably cause you to experience significant increases in your automobile insurance premiums. It is necessary to confirm that the citation was properly completed, and that the officer(s) were properly trained and qualified to issue the traffic ticket to you. If you were given a ticket for speeding, it is extremely important to confirm that the radar, laser, or other speed detecting device was properly calibrated and approved for use as required by Florida law. Just because you received a traffic ticket from a police officer does not, in any way, mean you are guilty of the driving infraction. It simply means that you have been charged with a driving violation, and have received a ticket. If you maintain your innocence, you are presumed not guilty, and you remain not guilty until the State/Police Officer, which has the burden of proof, proves to the Traffic Judge or Traffic Magistrate that you were guilty beyond a reasonable doubt. Before you consider paying any traffic fine, remember that you owe nothing until you are proven guilty.
Do I need an attorney?
An attorney who defends traffic tickets can assist you in many ways. Though we cannot guarantee dismissal of a ticket, we can help in many ways to try and prevent your ticket from becoming a conviction on your driving record, and as a result, help protect your driving privileges and keep your automobile insurance rates from being increased. We can assist with proven strategies to help reduce the chance of conviction. As an example, sometimes a case can be legally dismissed because there is a defect in the completion of the traffic ticket. This is something a non-lawyer might overlook, or have no idea, and could be legal grounds for the dismissal of your case. Sometimes the case will need to be tried to a judge or jury. Attorneys are familiar with the rules of criminal evidence and criminal procedure which are used in these types of trials. Attorneys can counsel you as to what all your options are in the Traffic Court.
Is the police officer required to show me the radar/laser gun results when issuing the ticket?
No. The police officer is not required to present the radar/laser gun at the time you are being cited. The driver is only entitled to know the nature of the charge. The officer must only provide sufficient evidence to the trial judge, and is not obligated to prove guilt to the driver. It is up to the driver to dispute the traffic ticket to avoid points and increases in automobile insurance premiums.
Do I have to appear in court for a traffic related matter?
If you have a non-criminal traffic infraction, our office can represent you without your need to attend court.
How much time do I have to decide what to do?
The law provides that once you have been cited with a traffic violation, you have thirty (30) days to perform one of the following options:
- Admit guilt and pay the ticket, thereby having points assessed to your driving record
- Plead not guilty, hire an attorney, or represent yourself, or
- Select to attend traffic school, if eligible, as well as pay the ticket, have an entry into your driving record that you elected traffic school, and attending either the 4, 8, or 12 hour driver improvement course, depending on your particular driving record.
If you fail to perform one of the following actions within 30 days, from the date you receive the traffic ticket, your license could be suspended, which would prohibit you from driving legally, and cause you additional expenses to reinstate your driver's license.
What if my case does not get dismissed?
If your case is not dismissed, you may be assessed court costs and/or a fine, payable to the clerk of the court in which you received your ticket. Our firm attempts to have every case dismissed, however, this is not always possible.
If I don't sign my ticket, does that mean it is invalid?
No, but not signing for a ticket in Florida can lead to other charges. Signing for your ticket merely means that you will pay the fine or plead not guilty and show up in court. If your name was spelled wrong, that could be used in court with other anomalies to introduce reasonable doubt in the officer's testimony. However, if all the information relevant to the stop is correct, a spelling error will not result in the dismissal of the charge(s).
If I prove that my speedometer was defective when the officer stopped me for speeding, will the court dismiss the ticket?
No. The court might consider it a mitigating circumstance, but it's likely you will still be found guilty.
What will happen if I just ignore the ticket?
If it is for a moving violation such a speeding, ignoring it may result in a suspended license and/or a bench warrant being issued for your arrest. This is true even if you got the ticket outside of your home state.
What is a "continuance" and how do I request one?
A continuance is the moving of a trial date to a later date. The prosecution or the defense may request a continuance for any of several reasons. Work conflicts, school schedules, health problems, vacations and the need for more preparation time are all acceptable reasons for requesting a continuance.
