Florida Traffic Ticket Point Suspensions
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If you have a suspended license odds are it is due to either unpaid traffic tickets or accumulation of points due to traffic tickets you simply decided to just pay. Just paying traffic tickets is the easiest way to find that your license is suspended. You can find better options to deal with traffic tickets (rather than just paying them) on my Traffic Ticket Defense page under "options."
We have been representing people for this for a long time...
I practice criminal and traffic law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case. I have studied the law and constantly stay abreast of all new legal cases that may help my clients (See my Law Blog for Attorneys). This is what I do and I want your good word of mouth when your case is resolved.
Traffic Tickets Can Put Points On Your License
Section 322.27 of the Florida Statutes provides the basis for the Department of Highway Safety and Motor Vehicles to suspend a person's driving privileges in Florida. Note that this section fails to mention that after the 24 points in 36 months, which is equivalent to eight 3-point tickets, there is another point suspension. It is 45 points in 60 months. This is the Habitual Traffic Offender points suspension. This suspension is for 5-years and is equivalent to 15 three-point moving violations within 60 months.
Under subsection (3) it describes the point suspensions for tickets.
| (3) There is established a point system for evaluation of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to 12 or more points as determined by the point system. The suspension shall be for a period of not more than 1 year. | My Notes are located below. |
| (a) When a licensee accumulates 12 points within a 12-month period, the period of suspension shall be for not more than 30 days. | 30 day suspension |
| (b) When a licensee accumulates 18 points, including points upon which suspension action is taken under paragraph (a), within an 18-month period, the suspension shall be for a period of not more than 3 months. | 90 day suspension |
| (c) When a licensee accumulates 24 points, including points upon which suspension action is taken under paragraphs (a) and (b), within a 36-month period, the suspension shall be for a period of not more than 1 year. | 1 year suspension; note that there is also a 45 points in 60 months suspension that is for five years. |
| (d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations: | Withholds on citations keep points from accumulating. This is important and the reason why all traffic tickets should be handled properly. |
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1. Reckless driving, willful and wanton--4 points. |
This is a criminal charge. You will be arrested for this offense. |
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2. Leaving the scene of a crash resulting in property damage of more than $50--6 points. |
Also a criminal offense. |
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3. Unlawful speed resulting in a crash--6 points. |
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4. Passing a stopped school bus--4 points. |
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5. Unlawful speed: |
Less than 5 mph over is a warning only |
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a. Not in excess of 15 miles per hour of lawful or posted speed--3 points. |
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b. In excess of 15 miles per hour of lawful or posted speed--4 points. |
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6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points. |
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7. All other moving violations (including parking on a highway outside the limits of a municipality)--3 points. However, no points shall be imposed for a violation of s. 316.0741 or s. 316.2065(12). |
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8. Any moving violation covered above, excluding unlawful speed, resulting in a crash--4 points. |
A 3-point ticket becomes 4-points if crash |
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9. Any conviction under s. 403.413(6)(b)--3 points. |
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10. Any conviction under s. 316.0775(2)--4 points. |
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| (e) A conviction in another state of a violation therein which, if committed in this state, would be a violation of the traffic laws of this state, or a conviction of an offense under any federal law substantially conforming to the traffic laws of this state, except a violation of s. 322.26, may be recorded against a driver on the basis of the same number of points received had the conviction been made in a court of this state. | Recognition of other states traffic laws. Note that this means that the Fla DMV will add out-of-state points to your Fla driving history. |
| (f) In computing the total number of points, when the licensee reaches the danger zone, the department is authorized to send the licensee a warning letter advising that any further convictions may result in suspension of his or her driving privilege. | DMV does send letters. Make sure the address on your license is up to date. |
| (g) The department shall administer and enforce the provisions of this law and may make rules and regulations necessary for its administration. | |
| (h) Three points shall be deducted from the driver history record of any person whose driving privilege has been suspended only once pursuant to this subsection and has been reinstated, if such person has complied with all other requirements of this chapter. | |
| (i) This subsection shall not apply to persons operating a non-motorized vehicle for which a driver's license is not required. |
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