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Traffic Tickets: No Points

Traffic Ticket Defense Attorneys Orlando, FloridaOrange, Seminole, Osceola, Lake & Polk Counties

Our attorneys defend Florida traffic tickets and citations, primarily in Orange, Seminole, Brevard, Osceola, Lake & Polk Counties.

We focus much of our practice on traffic tickets and criminal traffic cases. Our attorneys are in traffic court on a regular basis, and keep on top of changes in the law and traffic matters that may affect our clients. Attorney Jill Hampton is the Chair of the Florida Bar Traffic Court Rules Committee, which oversees changes to the rules that govern traffic court and has completed the training program required of Traffic Court Hearing Officers.

We proudly defend violations such as:

  • Accident Tickets
  • Careless Driving
  • Careless Driving with Serious Bodily Injury
  • Careless Driving with a fatality
  • Following Too Closely
  • Aggressive Driving
  • Improper Lane Change
  • Speeding
  • 30+ Over the Speed Limit Tickets
  • 50+ Over the Speed Limit Tickets
  • Reckless Driving
  • Leaving the Scene of an Accident
  • Violation of a Traffic Control Device
  • Driving While License Suspended (click here for more
    information on DWLS and license suspensions)
  • DUI
  • Toll Tickets
  • Red Light Camera Tickets
  • Stop Sign Violations
  • Expired Driver’s License
  • Expired Tag
  • Failure to Use Turn Signal
  • Improper Passing
  • Improper U-Turn
  • No Proof of Insurance
  • No Registration
  • Obscured Tag
  • Passing a Stopped School Bus
  • Seat Belt Violations
  • Stopping on Railroad Tracks
  • Too Fast for Conditions
  • Unsafe Equipment
  • Tint Violations
  • Blocking an Intersection or Crosswalk
  • Driving without Headlights
  • Equipment Violations
  • Failure to Yield Right-of-Way
  • Failure to Use Due Care
  • You must make an election within 30 days of receiving your citation,
    and you must notify the Clerk of the Court in the county where the
    citation was issued which election you choose.
Radar Gun

Why hire an attorney for a traffic ticket? An attorney who regularly handles traffic infractions can review your case and advise you as to your options and the best course of action for you. We can also review your citation to make sure it complies with the law, and for possible defenses. Our attorneys handle hundreds of traffic citations each year, regularly appear before the various judges and hearing officers, and follow changes in the law, recent decisions, and trends in sentencing. Additionally, an attorney is experienced at knowing what the State must do to prove the elements of your charge and what defenses do and do not typically work. Your attorney will attend the hearing for you, and you normally do not have to attend, keeping you from missing work/school.

You might especially want to consider hiring an attorney if:

  • You have a CDL (Commercial Driver’s License). CDL drivers are not allowed to elect school so a hearing is your only chance at keeping the points off.
  • You have elected school in the last year or a total of five times, or you do not want to use one of your school elections.
  • You got a ticket for speeding more than 30 miles per hour over the speed limit, since this requires a mandatory court hearing, which an attorney can attend for you.

What if I have already elected school in the last year or used all my elections? If you cannot elect school, then your only option to avoid points is to request a hearing and ask the judge to keep the points off. He or she can still order you to attend school, and it does not count against your elections. We encounter this situation regularly, and we may be able to keep the points off your license by going to court for you. You might also consider electing a hearing so that you do not use one of your school elections and save those elections for future tickets.

What is a “withhold of adjudication”? A withhold means that you may still have to pay a fine and/or attend school, along with other possible sanctions but you do not receive any points on your driving record for that offense. Unless your ticket involved a car accident, your insurance company normally will not raise your rates if you received a withhold.

How does the “point system” work? If you simply pay a ticket or are adjudicated guilty of a moving offense, you will receive points on your driving record. The number of points will depend on the violation: most moving violations are worth 3 points; speeding 16 mph or more over the speed, running a red light, moving violations resulting in an accident, and reckless driving are each 4 points; leaving the scene of an accident with property damage is 6 points; unlawful speed resulting in an accident is 6 points.

If you accumulate 12 points in 12 months, your license will be suspended for 30 days; 18 points in 18 months is a 3-month suspension; and 24 points in 36 months is a 12-month suspension. The State of Florida may require that you complete driving classes and pay reinstatement fees to regain your license. In addition to possible point suspension, your insurance is likely to increase if you receive points. Therefore, it is a good idea to talk to an attorney when you receive a citation to discuss your options to avoid points.

What if I have a CDL (Commercial Driver’s License)? Because most holders of a CDL rely on their licenses to make a living and because many commercial drivers’ employers do not allow any points on their driving record, it is important to avoid having points assessed. Unfortunately, drivers with a CDL can no longer elect traffic school for a moving violation. Therefore, you should get an attorney to assist you in keeping points from you license.

What should I do with the traffic ticket(s) I was issued with my criminal charge? If you have been charged with DUI, DWLS, or other criminal charges, you may have also received a traffic ticket such as speeding, red light, etc. Talk to your attorney about consolidating them with the criminal charges as one case. We may be able to have the associated infractions dismissed as part of the resolution of your criminal charges.

Florida law requires that anyone ticketed for going 30 miles per hour or more over the speed limit is required to make a mandatory court appearance. Electing school or just paying the ticket is not an option.

However, you can still hire an attorney to handle the court appearance for you, and he or she can appear in court on your behalf, so you don’t have to go to court yourself.

In addition, anyone cited for 50 miles per hour or more over the speed limit faces additional penalties, and repeated 50-over tickets carry criminal penalties.

  • Florida traffic laws for drivers under 18 are more strict than for adults:
  • First-Time Driver (“DATA”) School: First time drivers in the State of Florida are required to take the Drug Alcohol Traffic Awareness (DATA) course before applying for their license. The Florida DMV keeps a list of approved Florida DATA courses. If you receive a moving traffic conviction while you have a Learner’s License, the one year period you are required to hold your Learner’s License will be extended for one year from the date of the conviction or until you are 18 years old, whichever happens first. If you receive 6 points on your driving record within a 12 month period, your driving privileges are automatically restricted to business purposes only for 12 months or until you are 18, whichever happens first. If you receive additional points during this restricted period, the restriction is extended 90 days for each additional point.
  • DUI: If you are under 21 and have a blood alcohol level of .02% or more, the DMV will suspend your license for six months for a first offense, one year for a second offense. Refusal to submit to testing results in a suspension of twelve months for the first offense, eighteen months for a second offense. Visit our DUI information page if you or a loved one is facing a DUI charge.
  • School attendance: If you are truant in your school attendance, your driving privilege will be suspended until you provide proof you have attended school for 30 consecutive days.
  • Tobacco, drug or alcohol possession: If you are convicted for possession of illegal drugs, or alcohol or tobacco products your license will be suspended.