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Florida Traffic Tickets Questions & Answers
2 Answers | Asked in Traffic Tickets for Florida on
Q: I live in a gated community with restricted public access. Got issued a traffic violation in the mail to go to court

Heres a quick brief. I went to the boat ramp inside my community and sat down at the end of the dock watching the moon reflect off the lake. As walked of the dock an officer in a unmarked vehicle approached me (with no lights on)and jumped out accusing me to be somebody else asking for... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2023

Good question. Did the citation you received in the mail indicate how you were supposedly driving with a suspended license?

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1 Answer | Asked in Traffic Tickets for Florida on
Q: Got a speeding ticket and cop changed the amount to a higher number after ticket was printed. Can he do that?

I got pulled over for speeding in Palm Bay Fl. Cop wrote the ticket and he was mad that I asked for why I didn’t get a warning. Had to try

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Good rule of thumb is don't upset the police officer that is writing you a ticket, you may get something you don't want. Is it invalid? Depends. If he originally gave you a break and wrote a lower speed because he though you had a good attitude then you were a jerk, it is not invalid,... View More

1 Answer | Asked in Traffic Tickets for Florida on
Q: My daughter received a ticket on 494 for 70 in a 60. Her car has out of state plates from Fl. First ticket - advice?

She was in Minnesota when she received ticket but now back in Florida for summer break from college.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 22, 2023

You need to seek advice from a Minnesota attorney concerning whatever question you want to ask. This has little or nothing to do with Florida law.

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can Florida file for extension of time 2/23/23 if judge orders 30days to show cause 12/20/22
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Insufficient information to provide a clear evaluation, probably Yes. Take it up with Gov. DeSantis, he is there to protect you.

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can Florida file for extension of time 2/23/23 if judge orders 30days to show cause 12/20/22
Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Yes. Take it up with Gov. DeSantis, he is there to protect you.

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Florida on
Q: Can the state of Florida file motion for extension of time on 02/20/23 if the judge orders the state 30 days from

12/20/22 to show cause

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Yes. Take it up with Gov. DeSantis, he is there to protect you.

2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Florida on
Q: I was convicted of a dui back in 2012 and it's my first conviction in fl how do I do the dui class if I live in nv

I have completed mental health program in nv can fl accept it as I did a substance abuse treatment

Kevin John Mawn
Kevin John Mawn
answered on May 10, 2023

You should contact the Bureau of Administrative Review, in Florida, to determine if your NV class will meet the requirements of Florida’s DUI level 1 school. Unless you live or work in a Florida County, you are prohibited from taking the FL DUI level 1 class. Thus, out of State classes should be... View More

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2 Answers | Asked in Criminal Law and Traffic Tickets for Florida on
Q: What do I do if the police search my car without permission for a simple improper lane change
Stephen Arnold Black
Stephen Arnold Black
answered on May 8, 2023

Under Terry v Ohio, a police officer is permitted to do a reasonable search for weapons for his protection where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The scope of this... View More

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1 Answer | Asked in Traffic Tickets for Florida on
Q: I tailgated into a private gated community and the security guard pulled me over and wrote a citation for illegal entry.

If I do not live in neighborhood where cited am I bound to pay the HOA for this citation and if not can they take legal action or send to debt collectors to try to collect?

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

Read the citation carefully, but chances are that they can sue you in civil court (small claims, probably).

1 Answer | Asked in Traffic Tickets for Florida on
Q: In FL is there a law that specifics what the minimum distance between cars needs to be while stopped at a red light?

This is a hypothetical question. I'm not asking about the distance between cars while moving. I'm specifically asking about the spacing between cars while they are stopped at a traffic signal. Can you be ticketed if you park too close (not touching) to the car in front of you? I have not... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 20, 2023

Florida Statute 316.0895 Following too closely.— :

"(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway....
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1 Answer | Asked in Traffic Tickets for Florida on
Q: In FL is there a law that specifics what the minimum distance between cars needs to be while stopped at a red light?

Not following distance while moving, but distance between cars while stationary waiting at a traffic light. I have not been able to find any statute that covers this. Thank you

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 20, 2023

Is this a hypothetical question, or have you been charged?

1 Answer | Asked in Traffic Tickets for Florida on
Q: Hello. My father got a traffic ticket (316.1995 DRIVE ON SIDEWALK/ BIKE PATH) when was driving a motorcycle (scooter)

My father got a traffic ticket (316.1995 DRIVE ON SIDEWALK/ BIKE PATH) while driving a motorcycle (scooter). For some reason, the traffic ticket contains only my data as the owner (such as DL#, my first and last name, and address), and there is no data on my father although he provided his DL to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 2, 2023

If the prosecution can prove that it was you who committed the violation, yes, the conviction will apply to you. If, on the other hand, you contest the ticket and the prosecution is unable to prove that it was you, the prosecution will not prevail against you.

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... View More

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

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... View More

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2 Answers | Asked in Traffic Tickets for Florida on
Q: My fault failure to yield. Changed if other driver was speeding?

I stoped and then proceeded through intersection. There was a curve where he was coming from and partially instructed view. As I went through the intersection his car hit mine. Would they change the at fault if he was found to be speeding. He's trying to sue me now and they did no... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 21, 2022

I assume you mean that his view was partially OBSTRUCTED. And, if your view was obstructed as well, yes, you could well argue that you would have safely made it through the intersection, or he would have been able to stop, if he had not been speeding.

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1 Answer | Asked in Traffic Tickets and Car Accidents for Florida on
Q: Who is liable for damages? Was she even suppose to be driving the vehicle without having general tags or temps on?

My husband was just in a car accident in FL with a driver that has NJ dealer tags on them, which she is not the owner nor dealer.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 1, 2022

Your husband can pursue a case against the driver and the car owner under the Dangerous instrumentality doctrine. Retain counsel here in Florida on contingency fee, which means your husband doesn’t pay anything unless he wins the case.

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... View More

Kevin John Mawn
Kevin John Mawn
answered on Oct 28, 2022

I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... View More

1 Answer | Asked in Traffic Tickets for Florida on
Q: i got a ticket and couldn’t pay it and i missed court because im in a different state i can now pay it should i
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 18, 2022

Sure, you should. If you don't, and you visit here (I assume the ticket was in Florida), you might get into trouble. Also, there is an interstate compact by which your driver license can be suspended for failure to pay the ticket.

1 Answer | Asked in Traffic Tickets for Florida on
Q: Can I sell a motorcycle that I could a ticket for no registration before the court date.

I was riding my motorcycle unregistered because I’m tight on money and my truck is not drivable right now.

I got stopped and ticketed for it and I’m wondering if I can sell the bike to have more money now and not have issues with the court. I’m hoping it would be okay. Or at least... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2022

No, when you were ticketed, the bike was not registered, so you are guilty. But if you get it registered before the hearing date, it is possible that the charges could be dropped.

1 Answer | Asked in Traffic Tickets for Florida on
Q: I was stopped at a Red Traffic Light, when suddenly I rear ended!! I got an “improper backing” citation of $163 dollars!

She had to suddenly stop, the car in front of me tried running the yellow light, then didn’t and caused me to slam on my brakes and then the car/SUV rear ended me!! She jumped out starting to yell at me!! She parades through 5 lanes of traffic asking for anyone willing to be her eyewitness that I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 27, 2022

If the car in front of you suddenly stopped, it seems like you probably shouldn't have been also trying to run the yellow light. But, at any rate, to prove you backed up, the prosecution will have to call the supposed witness. If that person testifies, you can impeach the witness'... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Florida on
Q: If my car spun out of control and went over a median on to the other side should I be getting a ticket for this ?
Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2022

That depends on what caused you to lose control - someone else's carelessness or your own?, or a combination of both? Regardless, to get the advice you really need for this issue, you must schedule an appointment with an attorney handling traffic ticket defense in your geographic area. With... View More

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