FAQs

Q. If I'm guilty, why not just pay the fine?

 

A. By just paying the fine you are deemed to have entered a Guilty Plea (admitted) to the infraction and waived your right to a hearing on the offense. The Florida Department of Highway Safety and Motor Vehicles (DMV) will assess the appropriate number of POINTS on you license, and in all likelihood, your insurance rates will GO UP. Many people do not realize this and just pay the fine on their traffic ticket.

Here is what happens when you pay the fine on your Florida traffic ticket:

 

  • your payment of the traffic ticket fine is deemed to be an admission of guilt to the traffic infraction under Florida law;
  • your admission of guilt will lead to an entry of a guilty verdict by the court;
  • your guilty verdict is considered a conviction under Florida law; and
  • the conviction requires the DHSMV to assess the assigned points to your driving record under § 322.27 of the Florida Statutes.

Summary of the system of points used by the State of Florida.

 

6 Points

 

  • Unlawful speed resulting in a crash
  • Leaving the scene of a crash with more than $50 in property damage

 

4 Points

 

  • Passing a stopped school bus
  • Reckless driving
  • Speeding - more than 15 mph over the posted or lawful speed
  • Any moving violation (except speeding) resulting in a crash

 

3 Points

 

  • Speeding - not more than 15 mph over the posted or lawful speed
  • All other moving violations
  • Violation of a Child Restraint §316.613

 

In addition to the above, the accumulation of points can result in a suspension of your Florida driver's license as follows:

 

  • 12 points within 12 months - 30 day suspension
  • 18 points within 18 months - 3 month suspension
  • 24 points within 36 months - 1 year suspension

 

Other Florida Law enhancements:

 

  • Fines are doubled if the infraction occurs in a school or construction zone, up to $1000.

 

Q. What happens if I just ignore my traffic ticket?

 

A. If you ignore your traffic ticket past the 30 days you are given to pay, the Clerk of Courts in the County in which you were cited will forward an administration suspension order to The Florida Department of Highway Safety and Motor Vehicles (DMV). Your driving privilege will be suspended until the ticket is paid as well as any other reinstatement fees.

 

If you find yourself in this situation, Leon County traffic lawyer Ian D. Nesbeth may be able to get your case back into court, remove the suspension of your driver's license, and avoid points, thus higher insurance rates.

 

Q. Will mistakes on my ticket automatically dismiss my case?

 

A. Possibly. While not always a basis to dismiss your case, certain mistakes and/or omissions on your ticket can be a basis to dismiss the infraction.

 

Attorney Ian Nesbeth prides himself on thoroughly investigating your case and raising every possible defense.

 

Q. If I get a traffic ticket in Leon County, Madison County, or Bay County Florida, will my home state find out about it?

 

A. Most likely yes. Florida will forward the record of your citation the state in-which you have your driver's license. You should check with your state's Department of Motor Vehicles to determine the ramifications of receiving a ticket in Florida.

 

Q. If I can show that my speedometer was defective, can I win my case?

 

Q. If I can show that I drive the road I was cited on every day and that I always drive the speed limit, can I win my case?

 

Q. If I can show that I had my cruise control on and driving under the limit when the officer clocked my speed, can I win my case?

 

A. Probably not. The law in the State of Florida provides that if the law enforcement office used an approved speed measurement device (laser, radar, car speedometer, stop watch, etc...) and the device is properly calibrated (in proper working order). And the office can prove that he/she is properly certified in the use of the device, the Court will presume that the officer's speed is correct.

 

This does not mean that all hope is lost, through investigation, Madison County Attorney Ian D. Nesbeth may be able to win you case or at the very least avoid points on your license, thus higher insurance rates.

 

Q. Does the officer have to show me his radar reading, if asked?

 

A. No. The officer does not have to show his radar reading at the time he/she issues your traffic ticket. However, the officer must have his logs available for review at the time of your hearing. Bay County Attorney Ian Nesbeth has the experience that allows him to attack any deficiency in the officer's paperwork and potentially get your ticket dismissed.

 

Q. If I already paid my ticket, is it too late to avoid points on my license?

 

A. If you recently paid a Florida traffic ticket you may still be able to avoid the points on your license. If you paid the fine for a Florida traffic ticket or citation in the last 60 days and you did not know at the time of the payment that paying the fine would lead to a conviction and assessment of points for the traffic infraction you may still be able to avoid the points. You should immediately contact an experienced traffic ticket attorney in the county where you paid the fine and discuss the possibility of setting aside the conviction. But, you must act within 60 days from the date you paid the fine on the traffic ticket.

 

Contact Attorney Ian D. Nesbeth Today | Serving All Of North Florida

 

Please contact The Law Offices of Ian D. Nesbeth, LLC, at 1 (844) 484 9349 when you need effective legal representation from an experienced Leon County traffic violations lawyer. Free initial consultations. Call 24/7. Off-site consultations available. Fees start at $44.99.

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2018-12-05, 08:59
Highly skilled with excellent communication

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