My question involves a ticket in Charlotte County , Florida . I got my first ticket for speeding ( Violation of traffic device ) while I was driving from Tampa to Fort Myers . I was doing 80 something to 90 on a 70 speed - limit area on I - 75 Charlotte County . The state trooper officer who gave me the ticket said I could take the class to erase the points on my license . I have already paid for the ticket . I sent a money order and a copy of the ticket to Charlotte County Clerk of the Court . I haven't heard from the court . Should I go on the INTERNET and take the class and send a copy of my certificate to the Court or should I wait for the Court to contact me or should I contact it first before I take the class ? Thanks for your help .
Unless you specifically elected to take the traffic course prior to making the payment, you have already been adjudicated guilty of the infraction. You need to speak with a local attorney about filing a motion for acceptance of late completion of traffic school, which will allow a county judge to "undo" the adjudication of guilt and withhold adjudication upon successful completion.
You may be able to avoid the points WITHOUT taking the class. Contact a criminal defense attorney to file the appropriate motion. Good luck!
If you don't want to use up one of your elections, it's entirely possible to hire an attorney who can file a motion with the court asking the judge or magistrate to withhold adjudication (meaning you get no conviction and no points on your record). This of course depends on your record. If you believe the citation was given to you in error by the officer, you can also have the attorney request a new hearing and compel the officer to appear at court for trial where you can present a defense or move to dismiss it on various grounds. If you're ordered by the judge to attend traffic school, you'll gain a minor victory since a court order to attend traffic school does not count as an election.
DUI / DWI Attorney
Sounds like you will need an attorney or will be assessed the points. Nothing wrong with taking the class but you only get 5 in a lifetime. If you live an average life that works out to around one ever 12 years. If you hire an attorney on your first tickets they will be able to easily keep the points of your license. I would save the classes in case you get to a point when you have accumulated a bit of a record.