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speeding ticket with incredible cost

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Florida
Duval county
Jacksonville

My girlfriend was driving on I10 which is a posted limit of 55.
She was apparently doing 65 when she was pulled over.
She used a turn signal to change lanes from behind a vehicle that at that same moment changed the same lanes without a signal.
A Jaksonville Sherriffs Officer pulled in front of her at the same speed and gradually slowed down without any lights on.
This in turn forced her to gradually slow down.
The officer then pulled to the next lane (3-lane highway) and slowed further, then he pulled behind her and put his lights on and pulled her over.
He started by declaring she was tailgating and the moment she opened her mouth to say a thing, he cut her off "I'm talking, don't interrupt."
He stated the law's view of tailgating and then said he clocked her at 65 in a 55.

Here's the thing, her ticket states 65 in 55 and the radar model used. Does NOT say a thing about tailgating, but has a fine of $189.00 and 3 points. I know that in Florida statutes 3 points is a norm for speeding under 15mph but the $189 seems steep to me.
Her last speeding ticket was also under 15 mph but was around $100
As was my last such ticket.
The fact that the fine is so high and that theres no information regarding the tailgating issue leads me to question if the fine reflects the price tag for tailgating.
Wouldn't a separate infraction such as tailgating be on a separate ticket as well?
So, is it worth it to try to fight this ticket based upon that lack of explanation of a large fine?
Worth it to speak to a prosecutor to bust the fine down?
Or should she just pay the fine and avoid hassle and possible court costs? And possibly just be happy the tailgating wasn't marked and that the fine wasn't over $200?
 


Some Random Guy

Senior Member
this is not an incredible cost. It is about normal for a speeding ticket nowadays. It sounds like she was not ticketed for tailgating, but merely speeding.

see the approximate fee schedule for Orlando is here
Speeding Ticket | Florida Options and Fines
so $189 is entriely reasonable.

If you think that that fine is excessive, try parking in a handicapped spot sometime. In some states it seems like you'll have to sell your car to pay for the ticket.
 

Cupcakus

Junior Member
I dont know about Florida, but in California, appearing to defend the ticket in court will usually net you a 25% to 50% reduction in the fine if you plead guilty in the courthouse before getting your official court date/time. They offer this to you here.
 

Some Random Guy

Senior Member
I dont know about Florida, but in California, appearing to defend the ticket in court will usually net you a 25% to 50% reduction in the fine if you plead guilty in the courthouse before getting your official court date/time.
Well I don't know about Florida or California, but in Indiana you can pay an EXTRA $100 and stay out of trouble for 12 months, and the ticket will not appear on your driving record at all and won't be reported to insurance companies.

But of course, all states are different, so we need to stick with what we know about Florida.
 

I_Got_Banned

Senior Member
I dont know about Florida, but in California, appearing to defend the ticket in court will usually net you a 25% to 50% reduction in the fine if you plead guilty in the courthouse before getting your official court date/time. They offer this to you here.
Off topic and WRONG!!!
 

DRTDEVL

Member
The fine is not $189, it's $100:

Title XXIII
MOTOR VEHICLES

Chapter 318
DISPOSITION OF TRAFFIC INFRACTIONS


(b) For moving violations involving unlawful speed, the fines are as follows:


For speed exceeding the limit by: Fine:


1-5 m.p.h **************..... Warning

6-9 m.p.h **************..... $25

10-14 m.p.h **************..... $100

15-19 m.p.h **************..... $125

20-29 m.p.h **************..... $150

30 m.p.h. and above **************..... $250
And you can thank your legislature for the following articles:

(11)(a) In addition to the stated fine, court costs must be paid in the following amounts and shall be deposited by the clerk into the fine and forfeiture fund established pursuant to s. 142.01:


For pedestrian infractions **************..... $4.

For nonmoving traffic infractions **************..... $18.

For moving traffic infractions **************..... $35.

----------------------------

(c) In addition to the court cost required under paragraph (a), a $2.50 court cost must be paid for each infraction to be distributed by the clerk to the county to help pay for criminal justice education and training programs pursuant to s. 938.15. Funds from the distribution to the county not directed by the county to fund these centers or programs shall be retained by the clerk and used for funding the court-related services of the clerk.

(d) In addition to the court cost required under paragraph (a), a $3 court cost must be paid for each infraction to be distributed as provided in s. 938.01 and a $2 court cost as provided in s. 938.15 when assessed by a municipality or county.

-----------------------------------

(13) In addition to any penalties imposed for noncriminal traffic infractions pursuant to this chapter or imposed for criminal violations listed in s. 318.17, a board of county commissioners or any unit of local government which is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the Constitution of 1968:

(a) May impose by ordinance a surcharge of up to $15 for any infraction or violation to fund state court facilities. The court shall not waive this surcharge. Up to 25 percent of the revenue from such surcharge may be used to support local law libraries provided that the county or unit of local government provides a level of service equal to that provided prior to July 1, 2004, which shall include the continuation of library facilities located in or near the county courthouse or annexes.

(b) That imposed increased fees or service charges by ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the purpose of securing payment of the principal and interest on bonds issued by the county before July 1, 2003, to finance state court facilities, may impose by ordinance a surcharge for any infraction or violation for the exclusive purpose of securing payment of the principal and interest on bonds issued by the county before July 1, 2003, to fund state court facilities until the date of stated maturity. The court shall not waive this surcharge. Such surcharge may not exceed an amount per violation calculated as the quotient of the maximum annual payment of the principal and interest on the bonds as of July 1, 2003, divided by the number of traffic citations for county fiscal year 2002-2003 certified as paid by the clerk of the court of the county. Such quotient shall be rounded up to the next highest dollar amount. The bonds may be refunded only if savings will be realized on payments of debt service and the refunding bonds are scheduled to mature on the same date or before the bonds being refunded. Notwithstanding any of the foregoing provisions of this paragraph that limit the use of surcharge revenues, if the revenues generated as a result of the adoption of this ordinance exceed the debt service on the bonds, the surplus revenues may be used to pay down the debt service on the bonds; fund other state-court-facility construction projects as may be certified by the chief judge as necessary to address unexpected growth in caseloads, emergency requirements to accommodate public access, threats to the safety of the public, judges, staff, and litigants, or other exigent circumstances; or support local law libraries in or near the county courthouse or annexes.

A county may not impose both of the surcharges authorized under paragraphs (a) and (b) concurrently. The clerk of court shall report, no later than 30 days after the end of the quarter, the amount of funds collected under this subsection during each quarter of the fiscal year. The clerk shall submit the report, in a format developed by the Office of State Courts Administrator, to the chief judge of the circuit, the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(14) In addition to any penalties imposed for noncriminal traffic infractions under this chapter or imposed for criminal violations listed in s. 318.17, any unit of local government that is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and that is granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, that is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge of up to $15 for any infraction or violation. Revenue from the surcharge shall be transferred to such unit of local government for the purpose of replacing fine revenue deposited into the clerk's fine and forfeiture fund under s. 142.01. The court may not waive this surcharge. Proceeds from the imposition of the surcharge authorized in this subsection shall not be used for the purpose of securing payment of the principal and interest on bonds.

-------------------------------------------------

(17) In addition to any penalties imposed, a surcharge of $3 must be paid for all criminal offenses listed in s. 318.17 and for all noncriminal moving traffic violations under chapter 316. Revenue from the surcharge shall be remitted to the Department of Revenue and deposited quarterly into the State Agency Law Enforcement Radio System Trust Fund of the Department of Management Services for the state agency law enforcement radio system, as described in s. 282.1095, and to provide technical assistance to state agencies and local law enforcement agencies with their statewide systems of regional law enforcement communications, as described in s. 282.111.

(18) In addition to any penalties imposed, an administrative fee of $12.50 must be paid for all noncriminal moving and nonmoving traffic violations under chapter 316. Revenue from the administrative fee shall be deposited by the clerk of court into the fine and forfeiture fund established pursuant to s. 142.01.
So, in addition tot he $100 fine, the court is authorized to assess the following (the ones I could easily find in Title XXIII, Chapter 318 of the FL Statutes):

$35
$2.50
$3
$2
$15
$15
$3
$12.50
------------
$88.00

Add on top of that whatever else I couldn't find easily, and you would have your last $1 fee.

Remember, it's about safety, not revenue.:rolleyes:
 

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