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Received citation under FLA SS 316.074 (no sub-section) seems to be errors on ticket and confusion about points and $$$

Gainesville, FL |

Violation traffic control device checked . Fail to bay stop sign and stop light written . fine $ 154 . Now the confusing part . under SS 318 says fine should be $ 158 and with some research seems it is a points violation depending how ticket was written 316 . 074 ( 1 ) non - points and 316 . 0741 Points . Mine just 316 . 074 I have not had a ticket in decades but , I am more worried about raise $ $ on insurance . is there grounds for dismiss with the errors on the ticket ? and how do I tell if its points or not ? What I did was a rolling stop at a stop sign , on a side street in the middle of the night . Thanks in advance

Could you please also explain the double talk in 322.27(3)(d) 6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. However, no points shall be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates.

Attorney Answers 3

Posted

Hire a lawyer and fight the ticket. Rolling at a stop sign is still a failure to come to a full and complete stop which is required. But there may still be deficiencies on the citation. By the very least, the lawyer may be able to prevent you from getting points on your license if he can't actually get it dismissed.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

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 .

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

If you don't get convicted (whether the ticket is dismissed or adjudication is withheld), your insurance can't go up. The insurance companies can only pull records of convictions, where you actually received points.

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