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
We were at a stop sign the lady in front of me went and I went to go also and she suddenly stopped so my mirror hit her tail light. And I state trooper happen to be coming by but did not see the incident. And gave me a ticket. How can that be if I...
First, you should definitely hire a lawyer to represent you in this matter, if you have not already done so. Second, your jurisdiction question can be answered (in part) by reviewing section 316.006, Florida Statutes. However, reading a statute and having an idea of the theoretical application of the law is much different than the practical, real-life application of these principles, which requires significant experience and familiarity with each Judge's / Magistrate's position on these issues, since some Judges will base their inquiry solely on whether an enforcement agreement exists between the landowner and the agency that the issuing officer belongs to, but some other judges will delve more deeply into the subject and inquire into the status of the individuals that are on the property (licensees / invitees / etc) and determine whether the property is considered private using that type of analysis.
While you do have a decent argument-depending on the judge who will ultimately be presiding over your case-there are many other potential defenses that can arise during the process and only an experience traffic lawyer will be able to identify your best defenses and make an informed decision, on your behalf, on how to proceed with your infraction hearing.
Unless this was a mandatory court offense, it sounds like you set up a court date on your own and generally, pro se defendant cases are set with the hearing officer (unless this is set in Plant City, then you will either be in front of Judge Weis or McNeil), and they have their own opinions and procedures in these matters - and knowing the Judge's demeanor / interpretation of the law is just as important as the law itself. Consult with a local traffic ticket attorney and learn more about your options.See question
Immigrant and unable to get a DL
Unlike DWLSR offenses, which can be enhanced from a second degree misdemeanor to a first degree misdemeanor and then to a third degree felony (3rd or subsequent conviction), the offense of 'No Valid Driver's License" (NVDL) is always a second degree misdemeanor (up to $500 fine, 60 days in jail) - regardless of how many prior offense you may have. However, you are more likely going to face harsher penalties (up to the legal max) if you are charged with a second or subsequent NVDL offense.See question
Looking for some citations of Florida case law where the court ruled that the instance of an accident was not, in and of itself, proof that the driver was guilty of careless driving under 316.1925 Going to traffic court and would like some defe...
While I respect the fact that you are doing some research to prepare for your upcoming hearing, there are significant limitations (and many potential pitfalls) associated with representing yourself at a civil traffic hearing, especially when you are charged with an offense that involves an accident. While it seems that you are opposed to the idea of hiring a lawyer to represent you, I urge you to reconsider - it's often much more affordable than you think.See question
So, I got pulled over after going two blocks, and the cop said he ran my plates because he heard "a scream from my car", and said i had a suspended license, which I had zero idea about, i didnt receive anything in the mail regarding this! It was f...
DO NOT MAKE ADMISSIONS LIKE THAT ON A PUBLIC FORUM- It is very important that you do not provide any more information about your case on this public forum because the State Attorney's office and/or law enforcement could easily identify you by the result of your breath test and the timing of this question. I really hope that you already admitted to drinking that amount and that the officer already had that admission in the arrest affidavit and/or police report.
ACT SOON - you only have ten days to protect your driving privilege - you should contact an attorney that handles cases in your local area - the Sixth Judicial Circuit (Pinellas / Pasco) and discuss the details of your case during a free confidential legal consultation-since it sounds like you have a very good case, but you could easily damage your case by providing information that law enforcement or the state attorney does not already have in their possession.
That being said, it is very difficult to evaluate a DUI case based solely on information provided by a prospective client / defendant at this stage, since there are often discrepancies between a defendant's recollection of events and the narrative contained in the officer's report (for many reasons). In addition, the video evidence, if any, plays a large part in the outcome of the case-if that evidence is admissible. It usually takes a few weeks for your attorney (after you have hired one and the attorney has filed their pleadings with the court) to obtain the discovery materials from the State Attorney's office - once the discovery (police report, witness list, citations, other relevant documents, etc.) and the video is obtained, then your attorney will be able to provide you with a much more accurate opinion / answer to your question. Also, it is difficult to provide an answer without knowing your prior driving/criminal history and other information that should not be provided on this website.
Pasco county is one of the toughest counties in the Tampa Bay area when it comes to prosecuting DUI cases, so even with a low breath result, you will have to battle long and hard to get the results that you deserve.See question