How can i contest my accident ticket to get no points on my license?

Asked over 4 years ago - Orlando, FL

My moms car has a gearshift that is off-tune(its not in what it says. When in park, its one above. ie, i put it in "drive" but its really in neutral). because of this, i was involved in an accident were after i put the car in drive, pressed the gas, but it was in neutral. So moved it down one, which put it in reverse, so I accidently hit the car behind me. there were no injurys, but they had a little bumper damage. we had no damages(my mom owns a 1999 Lincoln Navigator). is there an way to contest a ticket so i cant get any points?

Attorney answers (5)

  1. Ayuban Antonio Tomas


    Contributor Level 20

    Answered . The best thing would be to hire a traffic attorney to represent you. If you take it to court yourself, your best hope is that the victims (the people you hit) don't show up to court the day of trial. If they don't, the judge will dismiss your case.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

  2. Matthew Phillip Konecky

    Contributor Level 15

    Answered . You should hire an experienced ticket attorney who will appear in court for you. Chances are if your insurance covered the costs of the damage the other person may not show up for court and your attorney could make a motion to dismiss.

  3. Scott Patrick Distasio

    Contributor Level 10

    Answered . The other attorneys have given you good advice. You could represent yourself. Sometimes people that represent themselves are successful. However, an attorney experienced in handling ticket cases will usually get better results than an unrepresented person.

  4. Bryan David Caulfield

    Contributor Level 9

    Answered . Your question does not indicate what you were charged with nor does it explain why the car was in a gear other than drive when you were apparently on the road at either as stop sign or stoplight. In general you can attempt to beat the ticket but if you do not you may still not get points on your license if you attend a driving course. You should consult a lawyer and have one defend you at traffic court.

  5. Alejandro Rafael Lopez

    Contributor Level 15

    Answered . It depends on the ticket. Usually it has on the ticket one part where you choose to contest it in court. You have 30 days to let the clerk of court know you are contesting it. You will then receive a hearing date to go before a judge or a magistrate to show proof why the ticket should not have been given. In your situation, you may need the testimony of a mechanic, etc., to show the problem with the car. You may want to check right away with a traffic/ticket attorney of your choice to review all the facts with you and to give you an opinion of the possibility of your success in court.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Drive,
    Suite A
    Orlando, Fla. 32804
    Ph.: (407) 649-1404
    Fax: (407) 649-9890

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