What is the difference to the driving record between no points from traffic school versus no points from fighting a ticket.

Asked 8 months ago - Boca Raton, FL

I can't seem to get a straight answer to this. Florida DMV tells me there is no difference to the driving record whether I get no points from fighting the ticket (I do not mean that the ticket was dismissed - just the attorney was able to negotiate no points) or from going to traffic school - the ticket will show on my driving records (with no points). But in some places I've read that there IS a difference - that the insurance company (GEICO in my case) for example can see that I've attended school and can therefore use that to raise my rates. This implies that this would not be the case if I (or a lawyer) fight the ticket and get 0 points. What's accurate? I'm hesitant to call GEICO and give them any reason to look into my driving record, so I hope you can help me.

Thank you very much.

Attorney answers (3)

  1. Michael Adam Haber

    Pro

    Contributor Level 20

    Answered . DMV is correct. There is no difference to your record. It appears as a "withhold" (no points) either way.

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq.... more
  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . There were no points assessed. You have to be truthful with your insurance company. Did you receive a moving infraction is the usual question.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  3. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

    Answered . A withhold of adjudication weather by traffic school or court order is not considered a conviction. However, in an accident case, unless you present the insurance company with a certificate that your case was dismissed or you were acquitted, they can use the withhold to raise your insurance rates. This is because of a quirk in the insurance statute.

    What most attorneys have probably told you is that if you elect traffic school, you will most certainly get a record indicating that you pled no contest and adjudication was withheld. If your attorney fights your case and gets it dismissed, no such entry will be put on your Tallahassee record for any insurance companies to see.

    Thus, it pays to fight your citation through an attorney, because there is a high likelihood that if your attorney fights the case through trial, your case will be dismissed. As a backup, in those cases where it is impossible to get a dismissal, your attorney is most likely to get you a withhold of adjudication, or a no points disposition.

    The moral of the story is, find a traffic ticket defense attorney that you trust to fight your tickets. You will most likely have no record as you would when you elect traffic school. That is the subtle distinction.

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law... more

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