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Can an Order of Suspension/court fines for unpaid toll violations be cleared based on "no notice"?

Orlando, FL |

I received a letter from DHSMV notifying me that my license will be suspended on November 6 if I do not pay the court fines of approx. $300 each in relation to 3 citations for unpaid toll violations. The first time I was ever notified that I had these unpaid toll violations was in the Order of Suspension. I called SunPass and they advised me that the citations were issued by them, and that they had been sending letters to an address in Miami, where I have not resided for nearly a year. The matter had been forwarded to collections, who continued to send notifications to the wrong address and call the wrong number to reach me. Oddly, they had no problem locating me for the Order of Suspension. I'd like to fight this based on "no notice"/due process violations. How likely am I to prevail?

Attorney Answers 4

Posted

The notice requirement for toll violations is a lot lower standard and usually not the best defense.

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Ksenia Alexandrovna Maiorova

Ksenia Alexandrovna Maiorova

Posted

Are there other, more persuasive, defenses available? How difficult is it to get a writ of cert granted in these cases? I'm hoping to get a hearing and get some kind of leniency (reduced fine) from the judge, since I took care of the outstanding debt with the collections agency as soon as I found out about it.

Posted

Depending on the practices in your county, a traffic attorney may be able to file a motion to remove these citations from collections and set them for a hearing. Once a motion / infraction hearing is scheduled, you will be allowed to pay the late fees (not the entire fine) and have your license cleared while these citations get resolved in court. The FDOT representatives are normally pretty lenient when multiple toll violations are issued, so long as there was a legitimate issue with notice or your transponder was not functioning properly.

Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied upon as such. If you are seeking legal advice, contact a competent attorney in your local jurisdiction. Learn more about my practice at www.drivenlegal.com.

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Posted

You've got two choices. Bite the bullet and pay it. Or hire an attorney to file a motion on your behalf to POSSIBLY get those citations amended. Prevailing on "no notice" is unlikely to work.

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Posted

The Notice of toll violation, mailed by SunPass is mailed to the address you provided when you obtained your transponder. It's your responsiblity to advise Sunpass of a new address, tag number, car, and/or new credit card. The clients that I represent for toll violations are those that they failed to keep SunPass updated on a new address and/or tag number. The Order of Suspension come from which had your updated address (Florida law requires that you update your DL within 10 days of moving. Sunpass is dependent on the information you provide to them. I would recommend contacting at attorney to see if the court still has jurisdiction to have a hearing on the matter.

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