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Florida Traffic Tickets Questions & Answers
0 Answers | Asked in Traffic Tickets for Florida on
Q: if someone is being held for failure to comply with weekend jail should a lawyer be retained for a quicker court date

He was on medication and the jail emailed the judge saying he was inebriated

1 Answer | Asked in Traffic Tickets for Florida on
Q: Can the fine for a speeding ticket be considered excessive and reduced?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

Can it? Yes, but not likely. The jurisidiction you are in has a set fine schedule and what other fees/amounts which may be assessed in connection with an adjudication. Unless the Judge has gone in excess of this it is not considered excessive. If you are unable to pay the fine, you can go back... View More

2 Answers | Asked in Traffic Tickets and Criminal Law for Florida on
Q: Can you be arrested for driving with suspended license on private property, not in a vehicle, and plate not called in.

Arrested in my yard, not in a vehicle, for driving with suspended license, BUT the LEO did not see me driving, he only assumed. He didn't run my tag until he pulled in my driveway and he had to wait for 2 vehicles to pass before he could pull in my driveway. I told him he's on private... View More

Jonathan Blecher
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answered on Feb 22, 2024

Law enforcement officers have the right to enforce traffic laws anywhere the public has a right to travel- even private property in most cases. Shopping mall parking lots are privately owned, but the public can navigate them. The next issue becomes if you were in or out of the vehicle or the... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: Wanting to know a quote on a price for a DUI, revoked license and VOP.

My son was out on probation from a dui/manslaughter from 2014 where he did 8.5 years and 5 years on probation. While on probation last week he was arrested again for DUI, Revoked license and VOP wanting to know a quote to represent him and what he might be lookin at.

Robert Arnold Melchiorre
Robert Arnold Melchiorre
answered on Jan 19, 2024

This goes without being said that this is a serious matter. However, I personally would want to know more about both the underlying case(DUI manslaughter) and the new DUI case before quoting a price. For example, I would want to know the victim's position on this matter, is the new DUI case... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Does 316.088 (2) apply to private "parking lots" or just private roads? For instance a grocery store parking lot.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2024

Florida Statute 316.003 (73) defines "roadway" as "That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. I...". "Street or highway" is defined in subsection (89) to include any area, whether or not... View More

1 Answer | Asked in Traffic Tickets for Florida on
Q: Cop is in front of me at least 500 yards, guy in front of me is doing almost 90 in a 70. Slams on the brakes and travels

The rest of the distance at 69, just before passing the cop I had to get over in the right lane to take my exit, cop let's him go and pulls me over for following to close! There was no accident and no way for him to "see" if I was following to close. I simply signaled and got over.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 28, 2023

What should you do? Contest it. Give the judge or magistrate your version of what happened.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: What happens when I get a driving with a suspended lic after my dui over a year ago

I think I have enough money saved to get my iid and insurance to reinstate them is this a good idea

T. Augustus Claus
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answered on Dec 27, 2023

If you are caught driving with a suspended license in Florida more than a year after a DUI, it indicates a serious violation. While you may have saved enough money to obtain an Ignition Interlock Device (IID) and reinstate your insurance, it's crucial to approach this situation carefully.... View More

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Florida on
Q: My wife got into a car accident and didn't know her license was suspended.

she was dont found at fault and the lady that hit her, was given a ticket for running a red light and causing a accident. My wife was given a ticket for driving with a suspended knowledge without knowledge. It was for unpaid tolls. We got her license now showing Valid within one day of the... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 26, 2023

This is a question that her lawyer should answer, but if she is not represented then she should retain counsel so that the case is handled properly and all questions like this one can be adequately investigated into and timely responded to.

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1 Answer | Asked in Traffic Tickets for Florida on
Q: Pulled over and informed I was >30 mph over, was told no ticket but then a week later notice of arraignment in mail?

I was not given a ticket/citation therefore not sure why the court date?

T. Augustus Claus
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answered on Dec 19, 2023

If you were pulled over in Florida for driving more than 30 mph over the speed limit and initially told there would be no ticket, but later received a notice of arraignment in the mail, it suggests a potential change in the situation. It's important to address the notice promptly, as an... View More

3 Answers | Asked in Traffic Tickets and Gov & Administrative Law for Florida on
Q: How can I get my 21 year old daughter to change her drivers license address to where she has been living now for a year?

She’s has told me numerous times that she'll do it but she has not done so yet at this point and it’s been over a year now. Thanks

Charles M.  Baron
Charles M. Baron
answered on Nov 27, 2023

She's violating the law, likely subjecting her to a potential fine if caught. If she uses her old address for voting purposes and now lives in a different precinct, she may even be subject to a potential criminal charge. If you'd like to try forceful persuasion, you can hire a lawyer to... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on
Q: I was arrested May of this year after my car was searched during a traffic stop. The probable cause cited for initiating

the traffic stop was "failure to dim headlights" FL Statute 316.238. The road I was driving on at the time was divided by a grassy median. Am I correct in wanting to get a motion to suppress filed since according to the definitions of the statute I shouldn't have been stopped in the first place?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2023

I don't see, in the statute you cited (or in FS 316,2385 or 316.003), an exception for roads divided by grassy medians. But you could make the argument. And, depending on the circumstances of the search, you might want to also argue that the search was not justified even if you were properly... View More

2 Answers | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Florida on
Q: I have always traveled by motorcycle therefore didn't have to have insurance or even license to travel freely.

As the same is also my constitutional right to do so. The police department unknown to me issued me a license then suspended it so they could charge me. Legal?

Charles M.  Baron
Charles M. Baron
answered on Sep 30, 2023

Licenses are not issued without an application and a fee submitted by the person seeking the license. Wonder if you're an identity theft victim. Request a copy of the license application, then see a lawyer. Regarding driver's license requirements for motorcycles, if the engine size... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Legal Malpractice for Florida on
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?

The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 15, 2023

Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Florida on
Q: What to do if I woke up sick Sunday but have a court pre-trial hearing tomorrow on Monday afternoon? (Covid)

Recently exposed to someone who had Covid. I woke up today sick, fever sore throat, but have court tomorrow. Today is Sunday so I won’t be able to contact the court till tomorrow - and my hearing is at 130pm the same day. It’s a pre-trial for a traffic ticket I chose to dispute. How easily will... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 10, 2023

What action you should take depends on whether you're well enough to appear. "Don't want to get others sick" is not an issue because you can simply wear a mask. If you're not well enough to make the trip, the best thing you can do is, first, try to reach a traffic ticket... View More

2 Answers | Asked in Bankruptcy and Traffic Tickets for Florida on
Q: KY: Will bankruptcy cover a civil suit which has my DL sus.

License has been suspended for 205+ years due to civil suit. Can I file bankruptcy in order to negate this?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 9, 2023

It is unclear how your driver's license was suspended, especially for that long, but no, bankruptcy will normally only discharge many debts, not remove other effects of civil suits, such as license suspensions.

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1 Answer | Asked in Traffic Tickets for Florida on
Q: What happens if I got pulled over for speeding while having a permit
T. Augustus Claus
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answered on Aug 8, 2023

If pulled over for speeding with a learner's permit, you could receive a ticket, fines, and points on your record. This might delay getting a full license and could impact insurance. Rules vary by state, so check with your local DMV for specific consequences. Drive safely to avoid such situations.

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Civil Rights and Small Claims for Florida on
Q: Can a judge refuse to see documents that shows evidence and causes of actions that where authorized by JSO

Being sued for property damages that where authorized y Sheriffs office in Jacksonille Fl.Judge did not allow me to defend myself or show documentations that showed the reason of my actions....its was put boots on truck while was asleep

Charles M.  Baron
Charles M. Baron
answered on Jul 28, 2023

In order to receive advice on whether the judge acted properly or improperly in your case, as well as what can be done if the he/she acted improperly, you need to schedule a consultation with an attorney. Whether a judge can refuse to review items of evidence depends on various factors, including... View More

1 Answer | Asked in Products Liability, Traffic Tickets, Insurance Bad Faith and Insurance Defense for Florida on
Q: I recently purchased a 2021 BMW X5. They didn't disclose vital information to me

I told the car lot I was specifically looking for a car for my wife that had the front end collision prevention all the safety features available.

They showed me the X5 told me the vehicle would automatically apply the brakes if its getting too close to an object/person ran out. This was... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear about your problems. Sounds like you need a product liability attorney. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: Do bail Bond conditions from your state apply to other states if you travel?

I've been on bail bond now for a year and the case has yet to be filed (Criminal information / Boating While Intoxicated) in Texas. I've since moved to Florida and changed all my registrations and Driver's license to Florida. Do the bond conditions from Texas still apply to me in... View More

Jonathan Blecher
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answered on Jun 20, 2023

Your open case could show up on a police check of your ID if you get pulled over and might subject you to some scrutiny-particularly a DUI arrest. More likely if you're on probation. Simply notifying the court of your change of address may be insufficient and should require a signed Order... View More

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