You just received a traffic ticket. Now what? Many people in Florida know about the traffic school option to avoid points on their license. What you may not know is that Florida Statute 318.14(9) limits this election to once every 12 months. This statute also limits the election to 5 times in your life. Simply paying the ticket will result in an adjudication of guilt and assessment of points on your license. Points on your license could raise your insurance premiums and turn a simple mistake costly. If traffic school is not an option for you, here are some things to consider.
In Florida there is a difference between formal conviction of a non-criminal traffic infraction and being found guilty but NOT formally convicted. Being found guilty but not formally convicted is called “adjudication withheld.” If you are guilty of a non-criminal traffic infraction but the court withholds adjudication, then you still have to pay a fine, but you won’t get any points on your license.
If you received a traffic ticket, you can always request your day in court. If you plead guilty then you freely admit you broke the law. This could have civil liability ramifications if there was a traffic crash. You can also plead not guilty. If you make this plea, the court will set a date and hold a contested hearing. There the judge will hear evidence and make an official determination of whether you are guilty of the charged infraction. If the judge finds you guilty, he will typically sentence you there at that same hearing. If you plead not guilty, the officer, and any witnesses to you breaking the traffic law, will come and testify against you. If no one is there to testify at the contested hearing that you broke the law, you can ask the court to dismiss the ticket as there are no witnesses. It is not a good idea to count on the officer or witnesses not showing up; officers normally will attend even if it’s on their day off.
In most places, you can call the law enforcement agency that ticketed you and ask to speak to the officer. Officers will sometimes engage in a form of plea bargaining; you can ask the officer to agree to a withhold of adjudication if you change your plea from not guilty to no contest (keep reading for more info) at the hearing. As the saying goes, honey gets more flies than vinegar. Being polite and respectfully asking the officer oftentimes makes them more willing to work with you, or at least not oppose your request of the judge.
The third option is to outright plead nolo contendere. This means pleading no contest. Essentially, this says to the court, “I neither deny nor admit guilt, but I will let the court punish me as if I were guilty.” Entering a no contest plea allows you to request a “sentencing hearing.” This just gives you an opportunity to talk to the judge before sentencing and present any mitigating factors. If your driving record is fairly clean, some judges are willing to withhold adjudication for you just by you asking. This means no traffic school and no points on your license.
Every situation is unique and this is not legal advice on how to handle your specific situation on your own. While everyone has a right to have his or her day in court and present his or her case, sometimes it’s best to hire a professional. For example, if you have a commercial driver’s license, even a civil traffic ticket can have substantial repercussions on your livelihood.
