Should you hire an Attorney for your Traffic Citation?
Caution: Nothing on this webpage is directed toward a "Driving While License Suspended" ticket. All Suspended License citations should be handled by a knowledgeable Attorney - please call us immediately if you receive a "Driving While License Suspended Citation."
All Careless Driving citations issued due to an accident are suspect and should be challenged - call for a free consultation.
The Benefits of Electing Driving School
If 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.)
Driving School Enrollment Procedure
- Within 30 days from the date you received the traffic
citation and prior to attending class you must perform the
following:
- Inform the Clerk of Court in the county where you received the traffic citation that you want to go to traffic school, and;
- 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."
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 Hiring 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. If you have a CDL license you cannot elect a driving school at all. If your citation requires a mandatory court hearing you cannot elect a driving school.
However, an attorney experienced in handling traffic tickets will (1) know the judge or hearing officer, (2) probably have dealt with the law enforcement officer before, and (3) has a pretty good idea what will happen before a hearing. An attorney has a much better perspective of the situation and can make the best decision to protect your driving privilege.
Moreover, an attorney may be able to have the court order no points be accessed against you. if the court orders attendance to a traffic school, the statutory limitation does not apply. This means that despite any previous schools you have taken you may still be able to keep your license free of any points. The Court may still require you to attend traffic school but the points will be kept off you license.
Points on your license - It's a no-go!
| 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 |
| 12 points within | 12 months | 30 day suspension |
| 18 points within | 18 months | 3 month suspension |
| 24 points within | 36 months | 1 year suspension |
| 15 Moving Violations within | 60 months | 5 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." This is not the best driving record, however. It is not official and has occasional mistakes and omissions.
A better driving record can be obtained directly through the Department of Highway Safety and Motor Vehicles branch offices and the Clerks of Court in each county. These records are official or contain the exact same information as your official record.