How to Fight a Traffic Ticket in Florida

Traffic tickets in Florida are official receipts, showing that a motorist has violated traffic laws in the state. According to Florida Statute Section 316.650, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) is in charge of traffic tickets issued in the state. However, the tickets may be issued by any local law enforcement official in the state.

Generally, there are two types of traffic tickets issued in Florida. These are:

• Moving violations i.e., speeding, texting while driving, and so on.
• Infractions or non-moving violations i.e., illegal parking, damaged tail lights, and so on.

Offenders can respond to a traffic citation through any of the following means:

• Pay the ticket fine
• Challenge the ticket citation in court
• Enroll in a driver improvement course

Refusing to respond to a Florida traffic ticket within 30 days may result in the suspension of the offender's driving license.

Alongside official custodians, third-party websites also maintain records of traffic violations and other public records. These websites enable convenient and expedited retrieval of public records since they host information aggregated from various geographic locations and can be accessed remotely. To use these databases, inquirers are usually required to furnish the search engine with:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused.

Third-party sites operate independently of government sources and are not sponsored by these government agencies. Thus, record availability on third-party websites may vary.

Is it Worth it To Fight a Traffic Ticket in Florida?

Offenders who believe they are wrongly accused of a traffic offense may choose to fight a Florida traffic ticket in court. However, only alleged violators with a non-criminal violation or parking ticket are eligible for this option.

Generally, deciding to pay a ticket fine may be regarded as an admission of guilt. Hence, points may be added to the offender's driving record following the payment. Traffic violation points on a driving record may negatively affect car insurance rates. So, in order to maintain a clean driving record and retain the best insurance rate, motorists may choose to fight a traffic ticket in Florida.

Nonetheless, offenders who go to court risk having to take a Basic Driver Improvement (BDI) course to remove the violation points. If found guilty of the offense, traffic violators are still required to pay the ticket fine and bear the court costs.

Consequently, offenders are advised to speak to expert legal counsel before choosing to fight their traffic ticket. The outcome of a traffic ticket may depend on key factors, such as the type of ticket, the offender's driving history, the judge or magistrate hearing the case, and the offender's behavior toward the official who issued the ticket.

Ways to Fight a Traffic Ticket in Florida

The information on a traffic citation is typically sufficient to direct offenders on how to fight a ticket. Some of the main details on a ticket include:

• The name of the offender
• The name and violation code of the offense
• The time, date, and location of the offense
• The name of the officer that issued the ticket
• The model, license plate, and other identification of the car
• Detailed information on how to challenge the ticket in court

According to Section 318.14 (4), violators are expected to notify the traffic court of their decision within 30 days. The traffic ticket has information on who, how, and where to forward your notification. Afterward, it may be necessary to employ the services of a legal representative. The traffic ticket attorney typically outlines the legal process and strategies; gathers witnesses and evidence; and then, gets the offender prepared for the trial. During the court hearing, the offender is allowed to plead their case before the judge who eventually determines the outcome.

How to Fight a Traffic Ticket Without Going to Court

In Florida, there are several options available to offenders seeking to contest a traffic ticket without appearing in court. These options are as follows:

Elect a Defensive Driving Course:

Under Florida Statute § 318.14(9), offenders may attend a state-approved Basic Driver Improvement Course (BDIC) to avoid points being added to their driving record. Eligibility for this course may be confirmed by checking the ticket or contacting the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Offenders are usually required to complete the course within the specified time frame (usually 60 days) and submit the completion certificate to the county clerk of court listed on the ticket.

Request a Hearing by Mail:

According to Florida Statute § 318.14(4), a hearing can be requested within 30 days of receiving the ticket.

Write a letter to the court clerk in the county where the ticket was received, explaining the case and why the ticket should be dismissed.

Include any evidence, such as photographs or witness statements, and mail it to the address provided on the ticket.

Hire an Attorney:

An attorney specializing in traffic violations can represent the defendant in court without the defendant being present per Florida Rules of Traffic Court 6.340. The attorney can handle all the paperwork, court appearances, and negotiations on behalf of the defendant. This option may incur legal fees but can increase the chances of a favorable outcome.

Online Dispute Resolution (if available):

Some Florida counties offer online dispute resolution platforms for traffic tickets. Check the county clerk of court's website for availability. This allows submission of the case and any evidence online for review by a magistrate or judge.

How do You Get a Traffic Ticket Reduced in Florida

Offenders can reduce a Florida ticket fine by 18%, provided they are eligible to take a driver improvement course. Drivers eligible for the course are those who:

• Have notified the court before the 30 days stipulated time
• Have not taken the course up to five times in a lifetime
• Have not chosen to fight the ticket in a traffic court

Apart from reducing the traffic fine, taking the course may be helpful for removing violation points from a driver's record. To choose this option, offenders should:

• Notify the clerk of the court of their decision within 30 days from the date of the traffic citation
• Tell the clerk where the ticket was issued and pay the reduced traffic fine.

Section 318.14 (4) of the 2019 Florida Statutes makes provisions for offenders who wish to enter a payment plan with the court's clerk. However, installment payment is not available in all counties. Therefore, offenders who need more time to pay or don't have the capacity to pay at once should approach the clerk of court to discuss the arrangement.

Can you Get a Speeding Ticket Dismissed in Florida?

The type of speeding ticket issued typically determines if it can be dismissed in a court hearing. Regular speeding tickets issued for going five mph or 21 mph beyond the stipulated speed limit in Florida may be dismissed easily in court.

Severe punishments are given to offenders who drive 30 mph or 49 mph beyond the speed limit. According to Section 316.1926, road users who drive 50 mph beyond the speed limit stand the risk of getting a jail sentence on the third violation. As such, these offenses are not easily dismissed in a Florida ticket court.

Dismissal may be possible if the prosecutor (the officer who issued the ticket) fails to show up at the court hearing. The offender's attitude at the scene of the offense may also be considered when determining ticket dismissal.

What Happens if You Plead Guilty to a Traffic Ticket in Florida?

In most cases, an offender who pleads guilty may be required to pay the ticket fine and enroll in a traffic school course. However, admission of guilt usually results in violation points being added to the driver's record. This has two implications:

• The driver is less likely to get a fair car insurance rate in the future
• The driver's license may be suspended due to the accumulation of points.

How to Find a Traffic Ticket Attorney in Florida

Fighting a traffic ticket in Florida may be less strenuous with the assistance of an experienced traffic ticket attorney. Given the abundance of expert attorneys in Florida, it is essential to understand how to select the right one. Offenders may begin by examining the lawyer's credentials, as those with more experience are generally more successful in court. Reviewing client testimonials and feedback can also aid in making an informed decision.

It is imperative to select an attorney who can effectively communicate during the trial. A reputable lawyer who attentively listens to the specifics of the case is more likely to provide optimal guidance and secure a favorable outcome. Furthermore, it may be helpful to choose an attorney whose office or residence is conveniently located nearby and ensure that their services are budget-friendly.