Law enforcement officers in the State of Florida are very busy people, so there are occasions where they forget to file traffic tickets. However, there are procedures in place to ensure that no ticket is missed, and even if your ticket is filed late, it is likely that you will still face the penalties.
It is not sensible to assume that your ticket might be forgotten or lost. As soon as you are issued with a traffic citation, you should seek legal advice. We have answered some common questions below, but for more information, call The Ticket Lawyers today at (866)-985-7740.
It is unlikely that your traffic ticket will be lost in the system or that the police officer who issued it will not remember to file it correctly. Firstly, not only do they have the option to submit your ticket in person, but they also have other options, such as submitting tickets online. Therefore, the process is relatively easy. Secondly, each ticket is numbered and issued in sequence, so it is easy to see if one has not been filed.
You have 30 days to respond to a traffic ticket, so if you have been stopped for a traffic violation and think that it has not been filed, it is important that you seek legal advice before this time period has expired. Otherwise, you or risk facing further penalties, including license suspension. A traffic ticket lawyer from our law firm can tell you what to do in this situation, call us now for a free consultation.
Once a traffic ticket has been issued, a traffic enforcement officer has 5 days to file it, according to Florida Statute 316.650. However, contrary to popular belief, forgetting to do so does not mean that your ticket will automatically be dismissed. There are many cases of cops finding tickets in their paperwork weeks later and then submitting it, and the charges have still been upheld in court.
However, you do have the right to a speedy trial, according to The Sixth Amendment of the United States Constitution. According to this rule, all cases must be brought to trial within 180 days.
If this time limit has expired, an experienced Florida traffic lawyer can protect your constitutional rights and fight for dismissal on this basis. Call us now for more information.
The signature required on your citation is to confirm that you have acknowledged it. It is not an admission of guilt, so we advise that you comply with this request. If you do not sign the ticket, it will still be filed, and your non-compliance will only make you look bad when your court date arrives. Judges do not respond well to drivers who disrespect police officers and conduct themselves badly. Any issues that you have with your ticket can be addressed later at your court date with the help of a qualified lawyer.
Although filing a ticket late is not usually a cause for dismissal, there are other things an officer can do at the time of your stop that could make your traffic stop, and therefore your ticket, invalid.
If the officer who made your traffic stop fails to show up in court, the judge may throw out your ticket. After all, if they are not there to present the evidence, this could be seen as an unfair trial.
However, dismissal on this basis is not guaranteed, and many judges will still proceed with charging you for the violation. However, an experienced lawyer can protect your rights or present a valid defense on your behalf.
Once the ticket has been issued, you have 30 days to respond to your ticket. There are three available options:
You can pay the fine online or in person by reporting to the County Clerk of Court’s Office where your ticket was issued. Information on how to pay your fine and the locations of the Clerk of Court offices in each county be found on the Florida Highway Safety and Motor Vehicles website (FHSMV).
This might be a desirable option, but once you pay the fine, you have admitted guilt, and the conviction will remain on your record. Points will be added to your driver’s license, and this could mean an increase in your insurance premium or a license suspension if you have accumulated the maximum of 12 points.
A driving course is a great option for some because you may be able to avoid the points. However, some drivers are not given this option because you can only take the course five times in your lifetime and just once within 12-months.
If you have grounds for dismissal, it is a good idea to save the option of traffic school for a future offense. Call us now to talk about your options in a free consultation.
With an experienced traffic ticket attorney in your corner, you can take your case to court and fight to have it dismissed. Make sure that you elect to do so within the 30-day time limit by contacting the County Clerk of Court and requesting a court date. Our law firm can even appear on your behalf if you live out of state.
If you decide to contest your ticket, you are going to need legal representation from a qualified lawyer who can provide a comprehensive defense. Your defense strategy will be based on the nature of your infraction. For example:
Stop sign ticket – It is common for cautious drivers to pull up at a stop sign a few feet from the limit line. In these cases, the officer who issues the ticket may have assumed that the driver failed to stop because they were not in view. In fact, most defenses for these tickets involve challenging the observation of the officer because there is usually no physical evidence.
Speeding ticket – If you have picked up a citation for traveling over the posted speed limit, it is possible to challenge the evidence from typical speeding devices used by Florida law enforcement, such as radar and laser guns. These devices must be properly calibrated and maintained, and the officer should have had the proper training.
In some cases, a dismissal may not be possible, and the best defense strategy will be to seek to reduce the charges and penalties, saving you money and protecting your driving license from points.
If you have been issued with a citation, it is never a good idea to rely on a law enforcement officer not doing their job properly and hoping your ticket will go away. The best thing you can do for yourself is to seek legal representation.
If you want to fight your citation so that you can avoid paying fines and any points being added to your license, contact us today. With our collective knowledge and experience with the Florida traffic court system, we can resolve your case quickly and achieve the best possible outcome for you.
The Ticket Lawyers can guarantee an attorney-client relationship that is built on trust and understanding.
For more information about what we can do for you, call us today at (866)-985-7740.
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