1.
This is my first traffic ticket in Sarasota and/or Manatee County. Should I elect driving school to avoid the points or hire a lawyer to have a hearing?
Driving School can only be elected once per year and only 5 times in a lifetime. If you hire a lawyer and the ticket is not dismissed at the hearing, the Court may order driving school in addition to a fine and court costs. However, it will not count as any of your lifetime elections. Consequently, if driving school is required by the Court, you can attend without using any of the 5 lifetime elections.
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2. I got a traffic ticket in Sarasota and/or Manatee County. What can a lawyer do for me?
A lawyer can help you limit the negative consequences that a ticket imposes, including avoiding points so your insurance is not increased, avoid you having to attend driving school and avoid any possible suspension on your driver's license. Also, if a legal challenge to the ticket exists, a lawyer could have your ticket dismissed.
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3. Does the fee I pay the lawyer satisfy any of the payments required on the citation?
No. The fee paid to our firm is solely the fee to represent you on the ticket. In the event your ticket is not dismissed, the Court may assess a fine and court costs at the hearing. If your ticket is dismissed, no other costs will be incurred.
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4. Will I have to go to court if I hire an attorney?
No. Once you hire an attorney on a civil traffic infraction, you are no longer required to appear in court in either Sarasota or Manatee County. The attorney will appear on your behalf. However, our office will send you notice of any hearing date, and if you wish to appear, you may at your own election.
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5. Should I pay the fine indicated on the ticket if I hire an attorney?
No. Once my office is retained you will not pay a fine unless ordered by the court at the hearing on your ticket. In that case, we will notify you after the hearing regarding the amount to be paid, and where and when to pay it (payment will be made either at the Sarasota or Manatee Clerk of the Court).
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6. After I receive a ticket, how long do I have to pay it if I do not hire a lawyer?
On a civil traffic infraction, you have thirty (30) days to either plead not guilty, request a hearing, or pay the ticket. Otherwise, the ticket will be late and the court will impose a late fee. Moreover, the Court will suspend your license. In that case, you will have to pay another fee to have your license re-instated. You will have to check with your county clerk's office to determine how they handle payment of late tickets and fees for re-instatement of your driver's license as each county may have different rules.
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7. How long will I have to pay any fine or court costs, and where do I pay it?
If your ticket is not dismissed and a fine and/or court costs are assessed, my firm will send you a letter with instructions on how, when and where to make any payment. In Manatee and Sarasota counties, the Court usually gives 60 days from the date of the hearing to pay the fine and costs.
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8. After I hire a lawyer, how long will it take to finish the case?
Although times may vary depending upon when the clerk's office schedules your case for hearing, it generally takes about 3 to 6 months to resolve a traffic ticket in Sarasota and Manatee counties.
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9. How many points can I get before my license is suspended?
If you receive twelve (12) points in a twelve (12) month period, your license will be suspended for thirty (30) days. If you receive eighteen points (18) points in an eighteen (18) month period, your license will be suspended for three (3) months. If you receive twenty-four (24) points in a thirty-six (36) month period, your license will be suspended for one (1) year.
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10. Can the Court suspend my license on a regular civil (non-criminal) traffic citation?
Yes. The Court is authorized by statute to impose a maximum fine of $500.00 and may suspend a driver's license on any moving violation.
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No. If your license is suspended in another state, Florida will not issue you a license.
The Clerk of the Court will suspend your license. In order to get your license back, you will have to pay certain fees in addition to the fine and costs imposed by the Court in order to reinstate your license.
You can not avoid going to court by paying the ticket. You must appear in court (in Sarasota, there are two courthouses, one in Venice and one in downtown Sarasota. In Manatee, there is only one courthouse in downtown Bradenton. The particular courthouse should be noted on the citation). This type of traffic citation is considered a notice to appear for a criminal violation. It means that you have been charged with either a misdemeanor or felony traffic charge which could subject you to penalties including jail. In cases like this, you should always have legal counsel to represent you in defending such charges as the consequences are much more severe and will affect your criminal record. My firm handles these cases which include no valid driver’s license, driving with a suspended license with knowledge, operating a vehicle with an expired license, tag not assigned, and reckless driving.
If you hire my office, the traffic ticket will be challenged and it will be scheduled for a hearing. Witnesses will be subpoenaed to testify and can then be cross examined under oath in Court, and your defense will be presented. Prior to any hearing, I will speak with the officer and any witnesses to determine the strengths of your case. If there is a valid defense, I will attempt to have the officer agree to a dismissal without a hearing.
