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

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.

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Attorney answers 3

Posted

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

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Posted

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 make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

Asker

Posted

Yes, absolutely - my question was more from the perspective if they look at my record without me present (like when I renew my policy, for example) - they will see that moving infraction whether or not I choose traffic school or an attorney negotiates 0 points on my behalf.

Posted

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 Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.

Asker

Posted

Very interesting about the quirk in the insurance statute. Yes, thank you, I understand that the goal is to have the ticket dismissed so there is no record of it at all. I think you've hit the nail on the head with "find a traffic ticket defense attorney that you trust" - both to give me the best advice (even if that means going to traffic school), give me realistic expectations of what he/she can do, or do his/her best on my behalf.

Alberto Marino Quirantes Jr.

Alberto Marino Quirantes Jr.

Posted

I do not think that the best advice is to go to traffic school. If you go to traffic school, you're giving up and you will be equivalent to being convicted. The only shot you have at winning is to fight it either yourself or with a traffic ticket attorney. I would go with the traffic ticket attorney because that is your real the shop

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