Keeping it off of record

[marbol]

What is the name of your state? FL

My daughter got a ticket for rear-ending someone in an accident. Other than who is at fault, etc. (I think we know) what can be done to keep this off of her record?

She is in a profession where any prospective employer will first check to see any convictions on her driving record.

Can she still ask a judge for deferred adjudication? Probation? Defensive Driving? Plead not- guilty?

Assuming she hit someone from behind at an intersection when they stopped while they all had a green light, it's probably not likely for it to be found to be someone else's fault, how can she keep it off of her record?

Thanks

 

[FlyingRon]

Assuming she hit someone from behind at an intersection when they stopped while they all had a green light, it's probably not likely for it to be found to be someone else's fault, how can she keep it off of her record?

If she has no other tickets in 12 months, she can go to driver school and pay the fine, but she won't get points and it won't show up on the record accessable to most employers.

http://www.flsenate.gov/Statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0318/Sec14.HTM

 

[tammy8]

File wtih your insurance company and then ask the insurance company to get the court a letter stating the damages have been taken care of. The courts will usually drop the ticket.


HOWEVER your daugther may still have insurance points depending on the $ amount of the damages.

Just curious what type of job is your daughter getting? I have never known any company that would hold a simple accident/violation against an individual.

 

[marbol]

Just curious what type of job is your daughter getting? I have never known any company that would hold a simple accident/violation against an individual.

She is a Pilot

 

[ecmst12]

Yes, I can see how that might be a problem!

 

[moburkes]

Okay, let's say the ticket gets removed. What about the accident? That will also be on her record.

 

[marbol]

Okay, let's say the ticket gets removed. What about the accident? That will also be on her record.

So the accident is a seperate "violation"?

Is that a conviction? Or is it no-fault? For instance, if someone is involved in an accident, and it's not their fault, would it still show up as an accident on that persons record? If so, I don't think there is anything my daughter can do about that - other than it doesn't represent by itself, an "at-fault" accident.

But any violation at all is frowned upon by someone wanting to hire a pilot - as you can know why. But I don't believe this was a major accident - and I don't even believe an insurance company will get involved. I believe she's paying it all herself.

I know in Texas, from past experience, if there is no injuries, and one party pays the others damage, then the police don't even have to be involved. We don't even call the cops here for fender-benders. We just pay each other what we owe and be done with it. The less the cops know the better for all.

I guess it's not really like that in Florida. Do they still hang Chad's in Florida? Or only the pregnant ones with dimplpes?

 

[ecmst12]

If she rear ended someone, it is most definitely her fault, and will show up as an at-fault accident in her insurance record (they will get notification because of the ticket most likely). I doubt it will totally ruin her career, but I don't think it's something she's going to be able to totally erase, either.

 

[moburkes]

In most states the accident shows up on the driving record as "accident". In some states, and I'm not sure specifically about hers since I haven't ordered a driving record in so long, fault is listed as well. But, yes, if they order insurance reports (called C.L.U.E.) as well as MVR reports, then it may be there as well. If the other party, or daughter has already called the insurance company, it is too late to undo the fact that they know.

 

[marbol]

If she rear ended someone, it is most definitely her fault, and will show up as an at-fault accident in her insurance record (they will get notification because of the ticket most likely). I doubt it will totally ruin her career, but I don't think it's something she's going to be able to totally erase, either.

Ok, I guess I'm a little confused. I am not arguing who's "fault" it is, but I do know that tickets (i.e. Convictions) can be kept off of someone's record. If this is somehow adjudicated, then it won't show up in her insurance record (as you put - they will get notification because of the ticket) - then I'll have to say you are WRONG. Mere tickets do not get reported to the state, nor to insurance companies. Convictions, Guilty pleas, and no-contests do.

Even dumb ole' me knows that someone could have 100's of tickets but if you are found not guilty for them, then they don't go on yuor record - nor will your insurance company find out.

That's the whole point of my message - I already know what would happen if she just pleads guilty or pays the ticket. What I want to do is see if anyone thinks there is a good chance of getting deferred adjudication or something. Very often, a ticket in an accident is NOT a good indication of who is really at fault or how the judge/jury will render the final verdict in the case.

 

[marbol]

In most states the accident shows up on the driving record as "accident". In some states, and I'm not sure specifically about hers since I haven't ordered a driving record in so long, fault is listed as well. But, yes, if they order insurance reports (called C.L.U.E.) as well as MVR reports, then it may be there as well. If the other party, or daughter has already called the insurance company, it is too late to undo the fact that they know.

So my original question has morphed to be: "She has not notified any insurance company. So if she is able to keep this ticket from becoming a conviction - (judge dismisses, deferred, driving course, etc.) then how and why is this going to go onto her driving record?"

Thanks

 

[moburkes]

You're missing a few points. The police were called. An accident report has been filed. Even if the ticket disappears, the accident is on her MVR. Insurance companies order MVRs. The accident is there. It will be your daughter's responsibility to prove that the accident is not her fault. In any case, the accident will show up as an accident with her insurance company.

There are 2 classifications: Accidents, tickets/violations.

So, if the ticket gets dismissed or whatever, the accident is still there.

 

[ecmst12]

Plus, if the person that she hit reports it to THEIR insurance company, then it will go on her CLUE report and her insurance company (and potential employers) can find out about it. There are lots of ways that accidents get recorded, a ticket is only one way. Yes, she can try to fight the ticket but unless the officer doesn't show up in court, it's not likely she'll win. Always a chance of course though. But the police were called, people know the accident happened, most likely it's going to get recorded on SOME record, somewhere.

 

[marbol]

You're missing a few points. The police were called. An accident report has been filed. Even if the ticket disappears, the accident is on her MVR. Insurance companies order MVRs. The accident is there. It will be your daughter's responsibility to prove that the accident is not her fault. In any case, the accident will show up as an accident with her insurance company.

There are 2 classifications: Accidents, tickets/violations.

So, if the ticket gets dismissed or whatever, the accident is still there.

Ok - I understand all that - but that means, persons pulling her driving record will not see the accident correct? Only insurance companies will see that - not prospective employers.

Or can prospective employers see the CLUE reports? Can anyone get them?

 

[teflon_jones]

Ok - I understand all that - but that means, persons pulling her driving record will not see the accident correct? Only insurance companies will see that - not prospective employers.

Or can prospective employers see the CLUE reports? Can anyone get them?

It's impossible to answer your question unless someone on this forum works for the company that she is going to apply for employment with. Most background checks are contracted out to third parties and it's likely that they will have access to these reports.

The only way to keep things like this off of a driving record is to drive more carefully so it doesn't happen in the first place.