Traffic citations in the State of Florida are governed by Chapter 316 of the Florida Statutes. To read the laws in their entirety, please reference the following link: Florida Traffic Laws.
Furthermore, the Florida Department of Highway Safety and Motor Vehicles is the administrative agency governing the issuance of and retainment of drivers licenses. For information, please click here.
There are several options when you receive a traffic citation:
1. Traffic school (if eligible)
2. Pay the civil penalty
3. Request a court appearance
You are required to answer to your traffic citation within thirty (30) calendar days. If you simply mail in the payment for the ticket, or pay online, you will be adjudicated of the offense charged and will incur points upon you license. However, if you complete driving school, you will receive a withhold of adjudication. If you go to court, or hire counsel to attend court on your behalf, you may be eligible for a withhold of adjudication without any requirements to attend driving school depending on the discretion of the hearing officer.
Traffic School Option
Typically, electing the traffic school option will not cause your auto insurance to increase and your policy cannot be cancelled. If you complete a state approved traffic school course and submit your certificate of completion to the clerk of court in the county where you received the ticket by their specified deadline adjudication is withheld, which means you are not deemed guilty and you received no points.
Note that when you select traffic school your fine will be reduced - this varies by county.
According to Florida Statute 626.9541(1)(o) 12: "No insurer shall impose or request an additional premium, cancel a policy, or issue a non renewal notice on any insurance policy or contract because of any traffic infraction when adjudication of guilt is withheld and no points have been accessed pursuant to s.318.14(9) and (10). However, this subparagraph does not apply to traffic infractions involving accidents in which the insurer has incurred a loss due to the fault of the insured."
Pay the Civil Penalty
If you pay the full fine points will be applied against your drivers license when applicable and your auto insurance rates may go up or your policy may be cancelled.
Traffic Fines vary by county.
Request a Court Appearance
If you elect the option to request a court appearance for the violation(s) and it is determined that an infraction has been committed, the Court may adjudicate you guilty, assess points, impose a civil penalty not to exceed $500 ($1000 for violations involving a death or speeding in school/construction zones) 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. Many arguments may be made before a judicial hearing officer to attempt to mitigate your record and the offense charged to prevent the assessment of drivers license points.
If you speed in a school zone or construction zone your fine can be doubled.
It is very important to contact an attorney as soon as possible so that your defense may begin. Call The Law Office of Maggie Jo Hilliard, P.A. at (904)247-7600 to discuss your case today.