What is a traffic case?
If you violate the Florida Vehicle Code or an equivalent local ordinance, and are issued a ticket by a police officer, you may be subject to fines, costs, and other assessments as well as points on your driving record. If the violation is for a misdemeanor traffic offense, the penalty may include a jail sentence. Tickets may be disputed in a court hearing or trial.
What should I know about traffic tickets and civil infractions?
If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear and what your rights are.
Most traffic violations are heard by district judges or magistrates in the district court located closest to where the incident occurred.
The penalty for a traffic civil infraction is payment of fines, costs, and fees. Points may be added to the driving record. A person cannot be sent to jail for a civil infraction unless found in contempt of court.
If you have received a civil infraction traffic ticket, you may respond in three ways.
First, you can admit responsibility for the violation and pay the amount indicated on the ticket or by the court.
Second, you may ask the court for an informal hearing where you and the police officer can explain to the judge or magistrate what happened. Attorneys are not allowed at informal hearings.
Third, you may ask for a formal hearing where the prosecutor will have to show that traffic laws were violated. You may hire an attorney to represent you at a formal hearing.
If you do not respond in one of these three ways, a default judgment will be issued, the court will notify the Secretary of State which may add points to your driving record, and your driver's license will eventually be suspended. Additional costs and assessments are incurred for failure to pay or failure to respond to the ticket. Depending upon the number of points on your driving record or the type of violation, in addition to the financial penalty assessed by the court, the Secretary of State may require you to pay a Driver Responsibility Fee each year the points for the violation remain on your license.
What should I know about adult traffic misdemeanors?
If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear, and what your rights are.
Most hearings regarding traffic violations are heard by district judges or magistrates in the district court located closest to where the incident occurred.
If you have received a misdemeanor traffic ticket and are 17 years of age or older, you must appear in the district court where the violation occurred for an arraignment. An arraignment is the initial step where you are formally charged with the offense, informed of your rights, and are asked to plead guilty or not guilty. If you fail to appear for the arraignment, a warrant for your arrest may be issued and your driver's license may be suspended.
If you are convicted of a traffic misdemeanor, you may be required to pay a fine and costs. Points will be added to your driving record by the Secretary of State, and some convictions may result in jail sentences. Depending upon the number of points on your driving record or the type of violation, in addition to the financial penalty assessed by the court, the Secretary of State may require you to pay a Driver Responsibility Fee each year the points for the violation remain on your license.
If a hearing is required, you may be represented by an attorney and have a right to a trial by a judge or jury. The prosecutor or city attorney must prove that you are guilty.
You may want to talk to an attorney prior to your hearing.
What should I know as a minor about traffic misdemeanors?
If you have received a traffic ticket, it is important to read both sides of the ticket. The ticket will indicate whether you are accused of committing a civil infraction or a misdemeanor. Also located on the ticket is information about how you can respond to the ticket, where you may need to appear, and what your rights are.
If you are under the age of 17, and have received a misdemeanor traffic ticket, you may appear at the family division of circuit court. You will be notified to appear for a preliminary inquiry or a preliminary hearing. At the preliminary hearing, you will plead guilty or not guilty, and be notified of the next hearing date. Your parents or legal guardian should be present during all proceedings.
If you fail to appear for the hearing, an order may be issued to the police to bring you to court.
If you are found responsible for a traffic misdemeanor, you may be put on probation and/or sent to a driver improvement course, and points will be added to your driving record. If a hearing is required, you may be represented by an attorney and have a right to a trial by a judge or jury. The prosecutor must prove that you are guilty. Depending upon the number of points on your driving record or the type of violation, in addition to the financial penalty assessed by the court, the Secretary of State may require you to pay a Driver Responsibility Fee each year the points for the violation remain on your license.
You may want to talk to an attorney prior to your hearing.
What offenses are involved in drunk driving violations?
If you have been stopped for drinking and driving, you may be charged with one of several misdemeanor offenses. First - an OWI which stands for Operating While Intoxicated, second - an OWVI which stands for Operating While Visibly Impaired, third - an OWPD which stands for Operating with any Presence of Drugs, or fourth - a Zero Tolerance which applies to persons under 21 years of age. There are also felony offenses involving drunk driving, including OWI or OWVI causing death or serious injury, and child endangerment.
Anyone convicted of the first three of these charges will automatically lose his or her drivers license for a period of time and have at least six points added to his or her driving record by the Secretary of State. If you are eligible, the Secretary of State will issue a restricted driver's license allowing you to drive only for certain reasons such as going to work or school.
In all drunk driving offenses, you have the right to an attorney and to a trial by a judge or jury. If you have been previously convicted of a drunk driving offense, the penalty may be increased.
Anyone convicted of a drinking and driving offense may be sentenced to jail, ordered to pay fines and costs, required to do community service, be put on probation, and ordered to attend an alcohol education or treatment program. Your car insurance coverage and rates may be affected if convicted. Repeat offenders may also have their vehicle immobilized or forfeited. Depending upon the violation, in addition to the financial penalty assessed by the court, the Secretary of State may require you to pay a Driver Responsibility Fee each year the points for the violation remain on your license.
If you are a Florida resident and are arrested for drinking and driving, the law enforcement officer will take and destroy your driver's license. The officer will provide you with a temporary Florida driving permit until your case is resolved. If you are a repeat offender, your vehicle registration plate will be taken and you will receive a temporary paper plate. You will not be eligible to get a new metal plate until your case is adjudicated.
If you are stopped for drunk driving by a law enforcement officer, you may be asked to take a breath test while on the road. This breath test is called a PBT or a preliminary breath test. If you refuse to take the PBT, a civil infraction ticket may be issued for refusing to take the breath test.
You will be taken to a police department to take a breathalyzer test. If you refuse, your drivers license will be suspended for a minimum of six months and six points will be added to your driving record.
A drunk driving conviction has many consequences. You may want to talk to an attorney before the first court hearing.
How do I obtain a restricted driver's license?
If you are eligible for a restricted driver license, you will be notified by the Secretary of State.
How are points assessed to my driving record?
Points are added to your driving record if you are found responsible for most civil infractions or if you are found guilty for most traffic misdemeanors. Points are added by the Secretary of State as required by law. The court does not assign points and cannot dismiss or waive them.
Points remain on a driver's record for two years from the date of the finding of responsibility or conviction, and the offense appears on the driving record for seven to ten years depending upon the type of offense. Convictions and accidents may also affect car insurance rates.
If a person gets too many points, the Secretary of State may put the driver on probation or suspend his or her license. The Secretary of State may also require you to pay a Driver Responsibility Fee each year the points for the violation remain on your license.
If you want to obtain a copy of your driving record, contact your local Secretary of State. There may be a charge for this service and it may take up to four weeks.
What is district court?
The court that most people have contact with is the district court. The district court handles most traffic violations. The district court also hears both criminal and civil cases including small claims and landlord-tenant disputes. Civil disputes seeking money damages cannot exceed $25,000 in district court.
All criminal cases, for persons 17 years or older, are started in the district court. The district court explains to the defendant the charges, his or her rights, and the possible consequences if convicted of the charge. The court also determines the bail amount and collects bail. If the defendant is charged with a misdemeanor that is punishable by not more than one year in jail, the district court will conduct a trial and sentence the defendant if found guilty. In felony cases (cases that are punishable by more than one year in prison) the district court will set the bail amount, hold a preliminary examination to determine if a crime was committed, and if there is probable cause to believe the defendant committed the crime. If so, the case is transferred to the circuit court for trial.
District courts hear civil cases with claims of $25,000 or less. Examples of civil cases are traffic civil infractions, landlord and tenant disputes, land contracts and forfeiture cases. Civil cases with claims of less than $3,000 may be heard by the small claims division of the district court.
How do I find an attorney?
If you do not have a lawyer, consult the local telephone book for a Lawyer Referral Service number or contact us for a FREE consultation.
