How can I get a judge to reopen a traffic ticket case and have the charge reduced in Florida polk county Bartow court house.

Asked about 3 years ago - Brandon, FL

I got 6 points on my license and over 450 dollars in fines for two 50 cents toll violations. How can I get this case reopened with a judge for something fair.

Attorney answers (2)

  1. Royce Brent Bishop

    Contributor Level 16

    Answered . FL Rule of Traffic Court 6.490 allows a traffic magistrate to correct/change a penalty within 60 days of its imposition. You have to write a motion requesting a hearing very soon or hire an attorney. And if it is not the same traffic magistrate/judge the new judge has to become familar with your case. Good question never heard of someone requesting to change the penalty. It will be a lot easier if you or the attorney can explain why that fine is illegal or unfair with case law or statutes. I don't know those standards off the top of my head. If it turns out the fine is too much for you--even though its legal--the judge has discretion to reduce the penalty. The judge may have thought why didn't you just pay the 50 cents or when you realized you did not pay the toll, why didn't you just pay that, so now it seems the judge is sort of trying to teach you a lesson. Maybe not, I'm just guessing. Visit website. TY

  2. David P. Gilbert

    Pro

    Contributor Level 13

    Answered . Polk County isn't big on discounting fines - but they do like to increase total costs by adding subpoena fees, etc. However, if you really wanted to pursue this you would file a motion to re-open, motion to mitigate, or motion for withhold (depending on what stage your tickets are at and how long it has been since they were issued / paid).

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