Central Florida attorney lawyer practing criminal defense, traffic ticket defense, consumer bankruptcy, and arrest record sealing and expunging. Office in Orlando. Visit www.ejdirga.com.The Law Office of
Eric J. Dirga, p.a.
P. O. Box 3591
Orlando, Florida 32802-3591
Phone: (407) 841-5555
Fax: (407) 841-9090
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Physical Address:
100 E. Pine St., Ste. 203
Orlando, Florida

Home > Traffic Ticket Defense > Driving School Option

Driving School Option
The Benefits and Limitations

It is the advice of this office that a driver should elect the driving school option always unless barred by the statutory limitations or the ticket was issued in error.  All Careless Driving citations issued due to an accident are suspect - call for a free consultation.

Benefits of Driving School Election

Even the hiring of an attorney to represent you for a traffic ticket may not prevent the court from ordering you to take a 4 or 8 or 12-hour driving school.  Dismissal is always the goal for attorneys but sometimes the court rules in favor of the police and keeping the points off is the goal.  Often when defending traffic tickets the judge will withhold the points from your record as a matter of resolving the case.  But even drivers represented by an attorney with bad records may have the withholding of points conditioned on completing a driving school.

If, however, you elect to attend and complete a state certified traffic/driving school instead of setting your infraction for a hearing, you will receive the following benefits pursuant to Florida law.

  • Your insurance rates cannot go up and your policy cannot be cancelled except for citations involving accidents that cause loss to the insurance carrier.  (§626.9541(1)(o)12, Fla. Stat.)
  • Points will not be added to your driver's license record, adjudication of guilt is withheld, safe driver status is maintained if applicable, and the fine is reduced by 18%.  (§318.14(9), Fla. Stat.)

Enrollment Procedure

  • Within 30 days from the date you received the traffic citation and prior to attending class you must perform the following:
    (a) Inform the Clerk of Court in the county where you received the traffic citation that you want to go to traffic school, and
    (b) Pay an election fee to the Clerk of Courts in the county where you received the citation.
  • Call the traffic school of your choice to register for class.  Available traffic schools are listed in your local telephone directory under the heading "Driving Instruction" or "Driving Schools."  Go to Our Links page to find some driving schools we've already listed.

Notes Concerning Options

  • If you elect the driving school option, you must complete the class and provide proof of completion within the time constraints imposed by the Clerk of Court in the county where you receive the citation.  A registration fee is required by the traffic school.
  • If you elect the option to just pay the civil penalty, points will be applied against your license when applicable and your insurance rates may go up or your policy may be cancelled.
  • If you elect the option to request a court appearance (with or without an attorney) for the violation(s) and it is determined that an infraction has been committed, the Court may adjudicate you guilty, assess points, impose civil penalty not to exceed $500.00 ($1,000.00 for certain violations) or require you to attend traffic school, or all of the above.  Additionally, your insurance rates may go up or your policy may be cancelled.

The Benefits of an Attorney

Florida law limits an individual to 5 opportunities to go to traffic school.  You cannot attend traffic school within 12 months of the last attendance.  However, if a court orders attendance to a traffic school, that limitation does not apply.  What does that mean:  If you hire an attorney he can present your traffic ticket case to a judge and ask to keep the points off despite any previous tickets.  You may be required to attend traffic school within 12 months of the last attendance but the points will be kept off you license.

What the Points are and What they Mean

Points Assessed

Moving Violations 3 Points
Speeding 15 MPH or less over posted speed 3 Points
Speeding more than 15 MPH over posted speed 4 Points
Passing stopped school bus 4 Points
Moving violation (non speeding) resulting in an accident 4 Points
Unlawful speed resulting in an accident 6 Points
Reckless driving (criminal traffic violation) 4 Points
Leaving scene of accident with damage (>50) 6 Points
Littering (over certain amount) 3 Points
Violation of child restraint laws 3 Points
Running Red Light 4 Points

Points/Time/Suspension

12 points within 12 months 30 day suspension
18 points within 18 months 3 month suspension
24 points within 36 months 1 year suspension

Drivers, age 15-17, who receive 4 points will be restricted to business purposes only for 12 months or until reaching age 18 (if less than 12 months).  Restriction time may be increased if additional points are accumulated.

Fifteen moving violations within 5 years or three driving while license suspended violations within 5 years will classify  a driver as a habitual traffic offender (HTO) and your license will be suspended for 5 years.  Click HERE for more information regarding HTO.

To get a copy of your driving record you can receive a transcript on-line by going to the Florida Department of Highway Safety Webpage at http://www.hsmv.state.fl.us/ and selecting "Driving History."  Also, the Orange County Clerk's Office, the Osceola County Clerk's Office and the Volusia County Clerk's Office are authorized to issue driving histories when requested.  There is a fee for this service.  We can obtain a your driving record for you and mail or email it to you.  There is a $25 charge and the record will omit your personal data.  Call (407) 841-5555 for details.

To change your address on your driver's license click HERE.

 


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Disclaimer: This web site has been designed to provide educational  information only and is not intended to offer legal advice. Every case is unique and  outcomes will vary depending upon the facts and legal issues of your case. Please do  not make any decisions about any legal matter without consulting with an attorney first.  There is no Attorney Client relationship formed by any use of the information provided.
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Copyright © 2002 The Law Office of Eric J. Dirga, PA
Last modified: April 23, 2008