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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