The ticket was on 1/20/2009 making it a little over 8 years, it was a violation for doing 89 in a 70 zone.
No, you cannot remove any entries from your driving record by using FDLE's sealing / expunction process, but the disposition may be amended (if you were convicted) by filing the appropriate motion or you could even get the citation dismissed by filing a motion to re-open the case / to withdraw your plea, but you'd need a very liberal Judge and an extremely compelling argument in support of that motion. Without knowing the reasons behind your question / request, it is difficult to provide guidance on this issue.See question
I was new to Orlando, FL and was not aware of no turn on red violations. Turned out I had one and never received notice. This caused my license to be suspended and was not aware until an officer pulled me over. I paid the fine, but would like to k...
The traditional sealing / expunging process that is available through FDLE applies only to certain criminal offenses (and criminal traffic offenses, even those that have been reduced to a civil infraction as part of a plea agreement with the prosecuting attorney). However, the FDLE process - even when successfully completed - will not remove the citation entry from your driving history (DHSMV driving record). However, an experienced traffic attorney may be able to remove the citation from your driving record by filing a motion to withdraw your plea, vacate the prior judgment/sentence, and set the case for an arraignment or infraction hearing - but that is just the first step of the process. IF the motion is granted, the citation is removed from your record... pending the outcome of the final hearing. If the case is dismissed or you are found "not guilty" as a result of the infraction hearing, then the citation will stay off of your driving record. Obviously, this is a very involved process and it is only recommended (in my opinion) in cases where the outcome is of the utmost importance (employment threatened, citation caused collateral suspension or CDL disqualification, etc.). Before going all out and using such an extreme procedure, your employment issue may be the result of the conviction (points) and not the citation entry - and if that's the case, then an attorney can file a motion (request) for the Judge to reconsider the sentence and if granted, the Judge would order the Clerk to amend the disposition to "adjudication withheld" - and you would no longer be convicted of this offense. It definitely sounds like you have an issue that may be addressed / corrected by filing the correct motion with the Court, but I need more information (such as your employer's policies) to determine the best course of action and your particular situation.See question
i changed lanes 2x in 3/4 of a mile with using a turn signal and never speeding but was ticketed for weaving in & out of heavy traffic. He felt i was changing lanes with not enough space. he felt i was in a hurry only to never speed during lane ch...
There are several statutes contained in chapter 316 that apply to lane changes, but each violation is determined on a case by case basis and it would be up to the judge or hearing officer to determine whether a violation of the specific statute that you are charged with occurred. if you are just asking this question out of curiosity, then I would recommend reading the entire chapter 316, Florida statutes, it doesn't take that long and it's a good refresher on traffic laws, but if you are asking this question because you are planning on contesting this violation-I definitely recommend that you hire an experienced and reputable traffic attorney in the local area.See question
Or can you just plead no contest so you get an adjudication withheld?
No, you're not required to hire an attorney for a civil traffic infraction. You can request a court date on your own, but should you choose to be heard by a hearing officer or a County Judge? Does your case fall outside the hearing officer's jurisdiction - causing it to be transferred to a County Judge? Do you know the demeanor of the Judge or hearing officer in this particular county (is one more lenient than the other)? Have you attended several hearings (arraignments or infraction hearings) to prepare for your hearing and to find out if the hearing officer or Judge that you're going to be in front of is as lenient as you're imagining (just plead no contest and get a withhold and that's it - or does the Judge / hearing officer have strict rules about certain offenses, prior record, etc)?
Again, no you do not need an attorney but you'd be better off electing traffic school (if that's an option), since you'd know exactly what you're getting - a disposition of adjudication withheld and an entry that remains on your record for 75 years (instead of the usual 3-5 year period).See question
I was given a ticket on 02/04/17 and today is 02/16/17 and the cop still hasnt filed it
According to 316.650, Fla. Stat., the officer shall deposit the original citation - or in the case of electronic citations, an electronic replica of the citation - with the Clerk's Office's traffic violations bureau within five days of issuance. However, the statute does not indicate that dismissal is the remedy for failure to comply with this requirement, but certain judges-a very small minority of Judges - will dismiss a citation based on a violation of the "five day rule", when a motion to dismiss is properly filed and presented at the appropriate time.
Lately, it is extremely common for citations to be filed outside of the five day period due to issues with the electronic filing process (both on the officers' side and the clerks' side), but the longer it takes for the citation to be filed-the closer you get to the speedy trial period (180 days), which can result in dismissal if your case has not been heard by that time (provided there are no delays that are attributable to the defendant).
Hire a reputable, experienced traffic attorney in your local area and let the attorney take care of everything for you. ***Even though the officer has not filed the ticket on time- you must still be mindful of the 30 day time period that applies on your end.See question
I am visiting in Florida and got the ticket because my handicapped placard had expired and I hadn't realized it. I thought it was renewed same date as my tag, but I was wrong. If I show that I am legitimately handicapped, can I fight the ticket?...
I have represented a few individuals with handicapped parking violations and I've witnessed many pro se (self-represented) individuals challenge their parking citations in court.
Based on my experience and what I've witnessed, it is very important to hire a lawyer when challenging any traffic-related violation, even a minor violation like this
because you are expected to understand the laws and procedures that apply in these cases. However, the hearing officers / magistrates that preside over these cases will often give a brief overview of the process (before calling the cases) and it is very important that you listen to their instructions - since failure to do so can turn your $250+/- citation into a costly learning experience (resulting in a civil penalty up to $500, plus subpoena costs).
The best advice that I can give (to any individual who insists on handling their traffic / parking case all on their own, without the assistance of an experienced attorney) is that if you do not have a valid legal defense to the violation and you are just seeking to mitigate the final disposition, you should commence a full evidentiary hearing for your violation - and this is the most common mistake that I see in many "pro se" civil traffic cases, which can also be a very costly mistake (and if you do you not understand what I am saying - then I definitely recommend hiring an attorney for your case).
Basically, if you are trying to contest this violation for the sole purpose of mitigating the fine amount-you should seek the guidance and/or representation of an attorney that has experience with these matters in the Jacksonville area.See question
On Oct 30th I received a ticket for not stopping at a stop sign. I went to court to pay it on Nov7th and the ticket was not reported or filed yet on to the court. Does that make the ticket void?
Unfortunately, these delays are fairly common, especially with the computer generated citations. I have numerous cases from weeks ago (some even months ago) and they are still not filed. In these situations, the best way to use the delay to your advantage is to hire a knowledgeable traffic attorney, who may be able to get your citation dismissed on speedy trial grounds or by arguing a violation of the "Five Day Rule" §316.650(3)(c), Florida Statutes (not a widely accepted argument). However, it is very important that the case is handled properly - prior to the due date, since any delay (or the appearance of a delay) that is attributable to the Defendant (you) can result in your right to a speedy trial being waived.See question
On November 23, 2013 I received a DUI in Florida. I was released from probation in the summer of 2015. On November 22, 2016 I received a speeding ticket for going 15 miles over the speed limit. From what I can see online, a DUI is worth 10 p...
First, there are no points assessed in Florida for a DUI conviction, but you are correct about the speeding violation: you could receive four (4) points for the speeding offense if CONVICTED, but if you receive a disposition of adjudication withheld (or if the citation is dismissed), then you will not receive points for this offense. Points are used by the Florida DMV (also known as DHSMV or FLHSMV) to keep track of how many serious traffic violation (moving violation) convictions an individual has received within a certain time frame - and for those who tend to just pay their tickets (without electing school or fighting the citation in court), then those individuals are more likely to be suspended due to the accumulation of points (12 points in 12 months = 30 day suspension; 18 points in 24 months= 90 day suspension; 24 points in 36 months= 1 year suspension). In addition to the points suspension, if your license is suspended due to points and you wait out the suspension period, you must purchase form SR-22 insurance and carry it for three (3) years if you did not have property damage liability (PDL) and bodily injury liability (BIL) on the date of the last offense. For many individuals, SR-22 insurance can be very expensive and in some cases, it prevents individuals from reinstating their license - forcing them to wait out the SR-22 suspension period (three years) before they can reinstate without the SR-22 coverage.
But to answer your question - no, your license will not be suspended if you simply just paid the speeding citation because you would only have four (4) points assessed and there are no points assessed for the DUI (and when calculating points for a points-based suspension, the "DMV" uses the offense date, not the conviction date- so these offenses are three years apart....so you are fine). However, if you pay the speeding citation, without electing school or contesting it in court, you will be convicted - since your payment of the fine is considered an admission of guilt (guilty plea) and your insurance can use this offense to raise your insurance premiums (with a somewhat recent DUI conviction, you don't want to give your insurance any reasons to increase your premiums). It is definitely worth electing driving school to avoid the points / conviction, but you also may want to consider fighting the ticket in court (depends on many factors). I recommend contacting a reputable Florida traffic lawyer to discuss your situation - so you have a better understanding of your options. Good luck!See question
I was coming out of the store and the cop that was parked in the parking lot decided to run my tag. When I came out of the store he asked about my tag. It was a tag to my previous vehicle since I hadn't yet registered my new vehicle that I drove t...
Hire an attorney to file a motion to "quash" or "withdraw" the capias (warrant) and to vacate (or void) the related D6 suspension / late fee. It is also important that your attorney reviews your current and prior offenses to make sure that the resolution of these offenses will not "trigger" any collateral consequences / suspensions. Offenses such as "No proof of insurance" and "DWLS w/o Knowledge" (or w/ Knowledge) are common causes of collateral suspensions / revocations - depending on your prior driving record (and the disposition of each offense). Contact a Florida Traffic Lawyer to help you get back on the road (in your own car ....not the paddywagon).See question
Florida highway patrol officer States He Pace clock me in two locations speeding but pulled me over at a totally different location to give me a citation for the prior location. It was my understanding that if an infarction occured, then the citat...
If a Trooper (or any other LEO) observes an individual commit a civil traffic infraction and the Trooper maintains constant visual contact with the vehicle, then the Trooper may continue following the vehicle and initiate a traffic stop several blocks or in some cases, several miles later (subject to certain limitations). If you are planning on contesting your citation(s), you should retain an experienced traffic attorney in your local area because there are many more potential defenses to your unlawful speed offense, but traffic court requires you to think on your feet and no matter how much reading you do - there is no substitute for courtroom experience.See question