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I was issued a citation for driving 64 mph in a 45 mph zone. How do I avoid a fine AND points on my record?

Waldo, FL |

Two weeks ago, I was issued an "unlawful speeding" ticket for going 64 mph in a 45 mph zone. These roads are very tricky, as the speed limit constantly changes from 65 to 45 and the change in zones caught me off guard.

I'm 20 years old (driving for two years) but I have never received a driving citation before. My goal here is: 0 points assessed against my Driver's license and to pay no fine.

The county that my ticket was issued in, offers a driving school, which will negate points on my record. However, I have to then pay the original fine.

If I contest this in court, can I avoid the fine and the points? If I lose in court, will I have to pay the fine and be docked points on my record? If the cop who issued the ticket doesn't show up, can't I avoid a fine AND points?

Thanks!

Attorney Answers 4


  1. The only way you even have a chance of avoiding points and a fine is to contest the ticket in court. If the police officer who issued the citation doesn't show up the case will be dismissed and you will not have any points or a fine. If the officer does show up you can still try to fight it- although it is unlikely that you will win. Instead, typically you can get the officer to agree to a withhold of adjudication so at least you don't get any points and you just pay the fine plus court costs.


  2. You have 3 choices:

    1) Pay the ticket, in which case you will be convicted and you will receive 4 points. The conviction will remain on your driver history.

    2) Elect driving school, in which case you will pay a portion of the ticket, and pay for the 4 hour class, and upon successful completion you will receive a withhold of adjudication (no points). The withhold will remain on your driver history.

    3) Hire a ticket defense attorney and let them fight your ticket for you. If they win then your case will be dismissed. If you lose then almost all of them guarantee you no points and no school or your money back, and the overwhelming odds are that you will receive a withhold (no points), no school and a fine (likely more than what you would have paid under option # 1 above).

    I have no idea what's what in Waldo, but I know that there are ticket lawyers / "clinics" everywhere, they are like ants at a picnic - except these guys and gals know what they are doing and may get your case dismissed. In the 305 they advertise anywhere from $49-$99.00 fees and, as I said, they guarantee (in the form of money back) no points no school.

    Traffic court is not rocket science but it is not elementary either. You are best advised to hire a ticket lawyer and let them handle things from there, but I don't want to discourage you from experiencing defending yourself if you so choose.

    For more information on your options in regard to traffic citations see: http://www.dmvflorida.org/speeding-ticket.shtml

    Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).

    Either way best of luck!


  3. By contesting the ticket in court.


  4. You have 30 days to make an election, choice of whether you will pay the ticket and get points, elect to take a school and pay the fine or go to court. So you really only have two options to avoid the points. The best option is to hire an attorney to go to court and try to get the ticket dismissed or if you have a good record then the attorney could get fine reduced and possibly no school.

    orlandofamilyandcriminallaw.com

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