No, a dismissal is not likely based upon that defense. However, an experienced traffic attorney that routinely handles traffic cases in your local courthouse may be able to get the ticket dismissed or reduced based upon a technicality.
Your daughter should retain an experienced traffic lawyer to fight this ticket on her behalf. I have handled hundreds of tickets at the St. Pete traffic court. There are many possible grounds for a dismissal or not guilty verdict. Feel free to call my office to discuss your options.
Some Judges/Magistrates will grant a motion to dismiss, pursuant to Florida Statute 316.650(3), for the officer's failure to deposit the original and one copy of the citation with the clerk of the court within 5 days. However, only an experienced traffic attorney in your local area will be familiar with the success of such a motion.
Yes, you should be able to seal this record, but I wouldn't recommend that you use your "one-time" seal/expunge on such a petty offense. However, any future convictions will eliminate the possibility of sealing this record.
FR HTO is the financial responsibility (insurance) suspension that comes along with the original HTO revocation. It just means that you need to get SR-22 once you are eligible for reinstatement. Don't assume that you are stuck with your HTO - contact an Orlando traffic attorney to see if you can get your HTO removed, sometimes it only takes six weeks to get your license back.
Failure to obey traffic control device, Fla. Stat. 316.074(1), is a moving violation, which may result in three points being assessed to your driving record. In addition, a conviction or adjudication withheld which is the result of a no contest plea may subject you to a mandatory driving school requirement. Any facial defects with the ticket may be corrected anytime prior to trial with the approval of the Judge or hearing officer. Hire an attorney .
Without knowing more about the charge you are speaking of and whether or not you have prior convictions or unresolved charges, it would be difficult to answer this questions for you, but you can check the reasons for denials at the link below.