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Florida Traffic Tickets Questions & Answers
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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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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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?

James L. Arrasmith
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answered on Oct 15, 2023

Traveling by motorcycle without a license or insurance is generally not a constitutional right but rather subject to state laws and regulations. In the United States, each state has its own laws regarding the licensing and insurance requirements for operating a motorcycle on public roads. While the... 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 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 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

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 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, 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

Jonathan Blecher
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answered on May 18, 2023

You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... 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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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
Jonathan Blecher
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

Police misconduct in search and seizure is still around - despite the Exclusionary Rule and thousands of cases trying to rein in police overzealous behavior. If you were arrested as a result of evidence found during an illegal search, your lawyer can try to exclude the seized evidence from court... View More

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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?

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: 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

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 21, 2022

You should retain an attorney to file suit against the other driver. The police report is not dispositive of who was at fault. A clever attorney can hire an expert witness to establish that the other driver, and not you, was at fault.

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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 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

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