Speeding Ticket in FLORIDA

[cepe10]

Absolutely - bring in you drivers record and show it is clean.

female judge - that doesn't sound good, you can try crying your eyes out during your pleading for the sympathy approach

 

[JL514]

How do I get a copy of my Florida driving record? Is it free? Do I just go to a Florida DMV and request one? Will they even have a record for me since I don't have a Florida license?

 

[sukharev]

How do I get a copy of my Florida driving record? Is it free? Do I just go to a Florida DMV and request one? Will they even have a record for me since I don't have a Florida license?

You have good questions, but once again show lack of even trying to search for answers on publically available government DMV sites. So, please try doing this first before asking here.

Of course, Florida would not have the record, it's NY record. Anything posted to it will be showing anywhere across US if officer wants to look it up. In reality, though, many states ignore petty offences, or translate them into something like "out-of-state moving violation". If you have none, your record is clean in any state.

If it's not on their website, call DMV, it's likely that all you need is to pay the fee to get your record.

 

[JL514]

I searched for "florida driving record" before posting, but the search was fruitless. I should have searched for the DMV website, and gone from there, but I was in a rush to classes. I don't mean to take advantage of anyone's help.

As far as I know, I should only have one moving violation on my record from an accident where I was found at fault. In fact, I may have even gone to court and had that dropped/lowered. I can't remember. (Do non-moving violations appear on a driving record?)

I just finished ordering my record, which will be sent to my home address. Hopefully my parents can send it down to me in FL before I have to appear in court, I have up to 30 days to send in the ticket, so maybe I'll wait a while longer to ensure I can get my record in time.

I don't have any more questions until I call the county clerk to get some answers, and I assume they're closed on the weekends. I will call on Monday and update this thread.

Again, many thanks to those that have helped.

EDIT: I forgot to mention that the record costs $10. At least in NY. Fun fact of the day!

 

[The Occultist]

Be careful with that 30 day window. Those 30 days can pass all too quickly, and you can suddenly find yourself past the due date and no longer able to contest/plead down your ticket, as well has have late fees tacked on. Not to mention the ensuing bench warrant...

 

[JL514]

Thanks, I can imagine how those days disappear especially with schoolwork to keep me distracted. I will send the ticket in before the end of January, and the ticket was on 1/15, so I'm sure I'll be fine. I didn't mean to imply I was going to wait until day 29 to send it

Anyway, after some *careful searching* I answered my own question

A driver abstract shows:

* the name, the date of birth, and the mailing address of the driver;
* the driver license class, endorsements, and restrictions;
* the current status and the expiration date of the driver license;
* any suspensions or revocations of the driver license; accidents, and moving violation convictions.

 

[sukharev]

You are a quick learner

Make sure you have a copy of front and back of the ticket, sign and send it by certified mail with return receipt requested (~$3, and that's a total of $13 so far - baby steps...).

 

[JL514]

I was told on another board that Florida does not offer probation before judgment. I attempted to call the clerks office today but it was busy, and after 4 attempts the automated machine told me it was just "giving up" and I should try back later. Instead, I drove to the court and asked a clerk. She didn't understand my question, and started telling me that for traffic violations that are not criminal I don't need probation and I can just go to traffic school. First she asked if I had seen my public defender, lol.

I'm starting to get the feeling that it is not offered in FL, or they just haven't heard of it. Can anyone confirm? Any FL experts here?

If there is no probation before judgment, what's my best option? How would I go about getting a diversion? Do I just ask for one? On what grounds?

Thanks for your help.

 

[sukharev]

Why do you want to get probation? Just go to court, try to plea bargain with DA. It also sounds like you can indeed get a public defender, which is great, he will do all the work for you, just explain that you are a poor student and would like to get a reduced fine, and a non-moving violation if possible. Take whatever deal he will offer, and just pay up. Your record in NY will not be affected.

 

[JL514]

Why do you want to get probation? Just go to court, try to plea bargain with DA. It also sounds like you can indeed get a public defender, which is great, he will do all the work for you, just explain that you are a poor student and would like to get a reduced fine, and a non-moving violation if possible. Take whatever deal he will offer, and just pay up. Your record in NY will not be affected.

Probation was the best option for me because I could have the ticket deferred and eventually dropped as this case was an anomaly for me and I do not speed or drive unsafely so another citation was not probably.

I can't get a public defender, she misunderstood me and thought I was asking about a criminal offense as soon as I asked about 'probation.' If it was a criminal offense I would be allowed to get a public defender.

 

[sukharev]

Every court has its own rules. Go to the court you have before trial, sit in on the hearing and you will know how it happens. Regardless, basic premise is same - you either get to talk to DA or officer before trial or you don't (in which case you face the judge or magistrate directly, and there is no negotiation, just pleading and hoping for the best). Good luck, and let us know how you make out...

 

[JL514]

(in which case you face the judge or magistrate directly, and there is no negotiation, just pleading and hoping for the best)

What do you mean by this? I can't "motion" for a diversion or withheld adjudication or something?

How do plea bargains work? I don't ask for them right? They are offered?

 

[sukharev]

Look, it's impossible for anybody here to explain to you how particular court will work, unless somebody has been in it. So, we can only give you general pointers, and it's up to you to see what's going on in there. Just sit in on one of the sessions, and you will hear all sorts of crazy stories, see a few traffic attorneys and what you can and cannot do.

To answer your questions: you can always motion, but if you are in a magistrate court, most rules don't apply, and your motion can be ignored or denied for no reason. If you are facing the judge or not even the judge but some clerk, you know you are in trouble. If, on the other hand, you hear something like "anybody who wants to talk to prosecutor/DA/officer before trial begins" or just get invited into a room with a table and two chairs, you have a plea bargain, AKA shortcut in procedure where you get a small break in exchange for saving the court time. You don't just demand the plea bargain. Sometimes you can ask if you can talk to DA before trial. You can even call the officer, at any time, and explain that you are a poor student, and cannot afford the fine, etc. He may just take mercy on you, and make the ticket disappear. Try it, it does not hurt any, since you got nothing to loose.

 

[seniorjudge]

What do you mean by this? I can't "motion" for a diversion or withheld adjudication or something?

How do plea bargains work? I don't ask for them right? They are offered?

You need to ask for what you want. If you don't ask, the judge won't think up things you might want.

 

[JL514]

So I can say "Your Honor, this case was an anomaly, I have brought my driving record as evidence that I am not a repeat traffic offender. I have been in Florida three years without a traffic infraction. In light of this, I ask for withheld adjudication and economic leniency."

Is that about right?

Sukharev: I understand that you nor anyone else could possibly know how my particular situation will play out. I am just asking for a starting point. I realize other things may come into play. I realize I may not even have a chance to speak, or the ticket may be dismissed when my officer doesn't show up. However, IF I do get to speak, and the judge/clerk is WILLING to hear what I have to say, I am trying to figure out what TO say. My goal is to receive no points, and a lesser fine monetarily.