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• Introduction
• Driving School
• Fighting It
• Speeding
• Defenses
• Conclusion
• Further Information

INTRODUCTION

Along with death and taxes, there is probably one other thing you can count on in life and that's receiving a traffic ticket The good news is it doesn't have to be as bad an experience as you might think. If you keep a few simple things in mind, you might be able to avoid much of the unpleasantness surrounding the experience.
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DRIVING SCHOOL

Most people are concerned with receiving points on their driver's license, as that is how insurance companies determine your rates for the coming year Additionally, points on a driver's record can affect your employability and your credit rating. This aversion to "points" is usually what makes people run and sign up for driving school. However, there are a few misconceptions about traffic school. If you want to elect traffic school, you must pay for the ticket, enter a plea of no contest and pay for the driving school. You must, of course, attend the school after signing up. Florida allows drivers to elect traffic school five times in a lifetime. However, you can only attend the 4-hour course once a year. After attending the 4-hour course in one year, you must take either the 8 or 12 hour course. The worst part about electing traffic school is that it appears on your driving record forever. Many people think that by electing traffic school, they are ensuring themselves a perfect record and this is not the case.
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FIGHTING IT

The other option is to fight the ticket in Court. By pleading 'not guilty" you are ensuring that you will be given an opportunity to have evidence presented on your behalf at your trial. Either you or your attorney can do this. For civil traffic infractions, the appearance by the defendant is not even required as long as the defendant gives permission in writing for an attorney to appear on his/her behalf. At trial, the defendant or the defendant's attorney can view all the police officer's paperwork and make appropriate motions based on the ticket or the paperwork. There are legal defenses for every type of traffic violation, the key is knowing which defenses to assert for each type of offense.

SPEEDING

The most common type of violation is speeding. There are a variety of ways a police officer can determine how fast you are going, and not all of them involve radar. A police officer can use her police car to pace your vehicle aircraft can be used along with VASCAR, which utilizes a time/distance computer to determine speed, and of course, the officer can use radar. Most defenses for speeding infractions are based on the validity of the police officer's equipment. In other words, is the device used by the police accurate, and has it been checked for accuracy within the time allotted by the Florida Statutes.
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DEFENSES

The problem for many people is that they do not realize that most traffic infractions are violations for which an individual's mental state is not relevant. As a result, it is not a defense to argue in Court anything relating to "why" you did what you are charged with doing. For example, it is not a defense to a speeding ticket to argue that your speedometer was broken, or that you were on your way to the hospital because you did not feel well. Any reason as to why you may have been speeding is irrelevant in Court as a defense. The question the judge will have is very simple-Were you speeding? If the answer is yes, regardless of the reason, you do not have a defense. You may have very good mitigating circumstances, but that is not a complete defense to the charge.

Many people try to argue that their speedometer was broken and therefore had no idea they were going as fast as the officer said they were. Again, this is related to mental state and is not allowed as a defense to speeding. The frustration usually begins for people when they attempt to argue things in court that they honestly believe the judge needs to hear in order to render a decision in their case. Unfortunately, what people want to tell the judge and what the judge is allowed to take into consideration is not always the same thing. When confronted with this problem, it is never a good idea to then begin telling the judge what you think of the judicial system or the police etc. It only gives credibility to the officer when you begin your tirade.

Many people hire an attorney so that their emotions do not get involved and so that they can have an advocate arguing their points the way they would like, but realize the emotional involvement would make it difficult for them to do so. You must remember to always maintain a sense of decorum when in court, even if you don't agree with what is happening. Usually, if you are polite, most judges will at least allow you to tell your side of the story, again remember it may not be relevant as a defense but as a mitigating factor.
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CONCLUSION

After the trial, you are told by the judge what was determined -- if you were guilty, not guilty, ordered to pay court costs, a fine, or attend traffic school or any combination thereof. If you would like to appeal, there are forms available in the clerk of court's office; however, keep one thing in mind, there is usually very little to appeal. If you did not make a record of the trial and document it properly the appeals court will have nothing to consider.

If you would like to appeal or if you would like to fight your ticket, you can do it yourself or hire an attorney. Most attorneys for traffic matters are not as expensive as you would think because most do not charge an hourly rate, but rather by a flat fee. Therefore, you can find out in advance how much it will cost you to hire an attorney. If you have an infraction your appearance is not even necessary. Therefore, you can have an attorney arguing for you in Court and not have to miss any time out from work. It is one of the better legal "bargains" available and it should be considered.
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FURTHER INFORMATION

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Remember to change your driver's license address within ten days if you move. If you do not and you get a ticket, you will not know when your court date is because the state notifies defendants by mail using the defendant's driver's license address. If you miss your court date your license will be suspended and you will have a warrant out for your arrest.

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