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Florida Traffic Tickets Questions & Answers
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

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

2 Answers | 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.

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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.

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.

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.

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