TrafficTicketTeam's Blog


Another Traffic Ticket Myth, Don’t Fall for It

This is the ultimate myth. Actually, it sounds plausible. It’s supposed to be a clever way to not get your speeding ticket reported on your driving record, which means points won’t be added and your insurance company won’t increase your monthly bill. Here’s how it supposedly works: When you get a speeding ticket, you’re supposed to mail in your fine, plus a few dollars extra. When the courts receive your payment, they will cash the check and supposedly mail you a refund for the extra dollars you sent. But, instead of you cashing this refund check, you tear it up and throw it away. By not cashing the check, its supposed to leave your case open indefinitely and not show up on you driving record. Points are not assessed to your driving record until all financial transactions are complete. Sounds pretty sneaky, doesn’t it? Sorry to burst your bubble, but this is a HOAX. I don’t know how it got started or who is behind it. All I know is that it doesn’t work because the minute you are found guilty, it automatically goes on your record, even before they receive your payment. Whatever you do, don’t try this. More than likely, the courts will cash your check and NOT mail you a refund. Actually, I wouldn’t be surprised if the traffic courts are behind this myth!

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TRAFFIC TICKET TIPS YOU MUST KNOW.

TOP 10 TRAFFIC TICKET FACTS THAT EVERYONE SHOULD KNOW:

1] Total number of people who receive a speeding ticket everyday-100,000

2] Speeding ticket issued in a year-41, 000, 0000

3] One out of 6 drivers is issued speeding tickets.

4] Cost of speeding ticket is $150

5] Total money amassed through speeding ticket fine is $6,150,000,000

6] Cost of insurance hiked for 3 years after one speeding ticket issued is $1050

7] Excess money made by insurance company in a year is $43.500, 000,000

8] Total percentage of people who never contest after receiving speeding ticket is 95%

9] Total percentage of people whose case gets dismissed or whose charges gets reduced without a lawyer is less than 5%

10] Total percentage of people whose case gets DISMISSED or whose charges gets reduced to NO POINTS with a Traffic Ticket Team lawyer is 99%



Traffic Ticket Troubles and Then Some.

The National Motorists Association Foundation NMAF recently sent out an email warning America’s drivers of the dangers of having a bad driving record. While many motorists are still unaware of the damage points can have on insurance costs the NMAF even went a step further in their newsletter. The NMAF warns truck drivers that just a few citations could cause them to lose their job and maybe not be able to find a new one. The release details how serious traffic violations like reckless driving, DUI or serious at-fault traffic accidents can stay on your record for a decade or more and in some states forever. Bad driving records will absolutely raise your car insurance rates but according to the NMAF those troubled records can show up on background checks when you apply for a job, rental property, life insurance or loans and credit cards. Bad driving records can affect you in ways you haven’t even thought about years down the road. A DUI conviction on your record could stop you from entering Canada as that country does not allow DUI “criminals” to cross their border. That vacation, fishing trip or sight-seeing jaunt you planned with your wife can be derailed for something you did before the two of you ever met. If you have a bad driving record it can cause a professional license to be revoked or kill a scholarship you have earned. So if you have ever thought about just paying a traffic ticket rather than fighting the citation, keep the NMAF’s advice in mind and call the Traffic Ticket Team, www.traffictikcetteam.com (954) 967-9888 before you do anything.



Tag Not Assigned!

This is a common criminal traffic violation. It is a second degree misdemeanor punishable up to 60 days in the county jail. Even though jail may be unlikley on a first time charge for attaching tag not assigned, the possiblity exists for up to 6 months of probation and up to a $500 fine.  Under Florida Statute 320.261 it is unlawful for any person to knowingly attach to any motor vehicle any registration license plate or attach a validation sticker in which the plate or sticker was not issued, assigned, or lawfully transferred to such vehicle.  Associated with this charge are fines, probation or even jail so be sure to contact our office right away to speak with one of our attorneys about your options.  We can assist you with your case in Florida.  Prevent a potential criminal history and call our office toll free at 1-866-433-3363 so we can discuss the facts of your particular case. Or go to our website www.trafficticketteam.com.



DUI on a Lawn mower? Not in Georgia.

Now I know what type of transportation to use the next time I decide to drink and use something motorized. John Deere, where are you? Reporter Greg Bluestein reporting for the AP cites a Georgia Supreme Court ruling this evening, stating: ‘A riding lawn mower may have four wheels, a powerful engine and can cost as much as a used car. If it’s stolen, however, the Georgia Supreme Court concluded Monday that it’s not a motor vehicle.’ The AP says the 4-3 decision overturned the conviction of Franklin Lloyd Harris, who was convicted of felony motor vehicle theft- after he loaded a Toro riding mower in 2006 from a Home Depot in Dalton into his van and sped away. Because Harris was a repeat offender, he was sentenced to 10 years in prison. Public defender Michael McCarthy told the justices that while Harris should still be charged with theft, he shouldn’t be punished as if he had stolen a car. A riding mower is many things, a modern mechanical marvel among them, but McCarthy said it’s not a motor vehicle under state law. Prosecutors countered that the state defines a “motor vehicle” as a “self-propelled” device, and there’s no doubt a riding mower meets that standard. The state’s top court agreed, concluding in an 18-page decision that the sentence should be overturned because the purpose of a riding mower is to cut grass, not transport people. They spent 18 pages debating this? “To be sure, a riding lawn mower is capable of transporting people or property and of driving on the street for short stretches,” Justice David Nahmias wrote in the opinion. “But that is not what the machine is designed for or how it is normally used.” In a dissent, Justice Harold Melton argued that Georgia lawmakers specifically defined “motor vehicle” broadly enough to include riding mowers. It warned that the ruling “has interpreted the statute in a manner that creates conflict and leads to an absurd result.” The case, which lawyers said set a precedent in Georgia, comes as other courts around the country grapple with similar concerns about whether riding lawnmowers and similar devices should be classified as vehicles. There was no discussion in the ruling over how the state defines motor vehicles for the purpose of alcohol-related arrests. That’s still a blurry issue in Georgia, where it’s a criminal offense to operate a car, truck or other “motor vehicle” while under the influence of alcohol. Despite the Supreme Court’s ruling, prosecutors might still pursue charges against those driving under the influence on mowers, too.



Unlawfull Display of a Driver’s License

There are different ways you can be charged with this offense. First, it is unlawful to display or represent as your own any driver’s license not issued to you. Second, it is unlawful to knowingly display a driver’s license that has been canceled, revoked, suspended, or disqualified. It is also unlawful to allow someone else to unlawfully use a license issued to you. All of these offenses are criminal infractions punishable up to 60 days in the county jail, a fine of up to $500, and/or up to 6 months of probation. In addition, it is unlawful to have in your possession, two driver’s licenses. We have represented numerous individuals over the years who changed their address with the DMV, received a new license but didn’t destroy their old one. Keep in mind that the law allows you to only possess one valid Florida license at a time. It goes without say that is is also not legal to give your licese to somone to get into a bar if they are under 21. It seems that this was, at a time, a right of passage for most young adults, but it is not worth going to jail for. Thus, if you get in trouble for any of these, or other, offenses, please call the trafficticketteam.com at 954-967-9888 or nationwide toll free 1-866-433-3363.



Don’t Lose Your License For 5 Years “HTO”

The Florida Supreme Court created a new rule that requires a judge to advise a defendant that a plea of guilty or no contest will result in a driver’s license suspension or revocation. One common situation in which the new rule will have a significant impact occurs when a defendant pleads guilty or no contest to a third-strike charge of driving while license suspended (DWLS) that will result in a five-year habitual traffic offender (HTO) driver’s license revocation. If a judge fails to give the required warning, the plea can be vacated under certain circumstances. The new rule goes into effect immediately. The new rule does not solve the problem that commonly occurs when a defendant incurs a five-year HTO revocation by paying the clerk of court a civil infraction DWLS fine.  It’s an all too common story. You get a traffic ticket for unknowingly driving with a suspended license. With the best of intentions, thinking you are doing the responsible thing by taking care of the problem, you pay the ticket. Then, you receive a letter from the DHSMV (Department of Highway Safety and Motor Vehicles) informing you that by paying the ticket you incurred a third habitual offender strike within five years, and as a result your driver’s license will be revoked for five years. Five years!  In a state of panic, you search for answers. Perhaps you call the clerk of court, the DHSMV, a lawyer, or you search the internet and find our website. Many of you call our office at the Traffic Ticket Team desperately seeking a way out of your dilemma. You learn, too late, that the five-year revocation could easily have been avoided simply by not paying the ticket and pleading not guilty instead.


We’re constantly amazed at how many people are never told the consequences of paying a DWLS (driving while license suspended) ticket. We are gratified that this Blog has to some degree raised the knowledge level in the State of Florida regarding HTO (habitual traffic offender) law. We are also gratified that we have been able to help many people remove a habitual offender strike and regain their driving privileges. But we have a long way to go. Many more people will receive the revocation letter, and will learn about HTO law the hard way. If this happens, call us at 954-967-9888 or www.TrafficTicketTeam.com and lets discuss your case. Jason A. Diamond, Esq.




FBI Agent Fails DUI Test

Miami-Dade, Broward, and Monroe Counties are inundated with “important” people who get arrested, particularly of DUI. The jails here have hosted a “who’s who” of celebrities, from Al Capone to Donté Stalworth. Recently, an FBI agent was arrested for drunk driving near Oakland Park, Florida. His behavior during the arrest was a perfect example of how not to act when you are suspected of driving under the influence.  FBI Special Agent Jorge Miyar was pulled over at a DUI checkpoint on Oakland Park Boulevard near Northeast 17th avenue. The officer’s first clue that Agent Miyar was intoxicated was when he ran over the curb. I will stand by my advice as a lawyer to all of you that running over a curb at a DUI check point is definitely not a good idea. It’s not quite as bad a peeing on an officer’s shoes, but it’s definitely going to get you unwanted attention.  During the course of the interview, Special Agent Miyar told the investigating trooper, “I know I’m F—–, I’ve been drinking and I’m in an FBI car.” He then went on to admit that he had been at a party where he had had about five beers. He took and flunked the field sobriety tests. However, he then refused to take the breathalyzer.  If there was ever any doubt that alcohol impairs your judgment, we can all look to Special Agent Miyar as an object lesson in the degenerative effects that booze has on the decision-making process. Needless to say, any lawyer worth his salt will tell you that you have the right to remain silent. That is not to say you should never speak to an officer, but confessing to the crime that the officer is investigating is certainly going to decrease you chances of getting a good plea bargain.  Just as you have the right to remain silent, you have the right to politely decline to perform the field sobriety exercises. There is no law that says you have to do the walk and turn or the Horizontal Gaze Nystagmus (HGN) test. The only thing this trained law enforcement officer refused was the breath test, but by that time, it was too late.  DUI cases are built on four things: driving pattern, statements, roadside tests, and the breath test. If you want to avoid a DUI: Don’t swerve on the road or break any traffic laws. When you are pulled over, respectfully decline to answer any questions. When offered field sobriety exercises, respectfully decline to do so. Refusing to perform a breath test is also a crime, although it is infrequently charged. If you perform a breath test, you have the right to an independent test at your own expense. You should definitely avail yourself to that right. If you get a traffic ticket or a DUI, call the Traffic Ticket Team and Jason A. Diamond to fight back for you.



Tresspassing In Florida, What to Do!

Trespass is a common misdemeanor offense, after Traffic Tickets for Criminal Infractions, although under limited circumstances it may be charged as a felony. One of the most common scenarios for a trespass arrest is when a patron is attempting to enter (or re-enter) an establishment, usually a nightclub, and a bouncer or off duty police officer takes exception. Most people who are arrested in this situation feel that they have done nothing wrong and that the bouncer or police officer treated them unfairly. It is not uncommon for a trespass charge to be accompanied by a disorderly or resisting without violence charge. Trespass can be basically defined as unlawfully coming on, or staying on the property of another when you are on notice that your presence is not wanted. As such, trespass is a fairly clear cut crime in Florida, but has really been abused in commercial applications. As a general rule, you cannot be guilty of “trespass” unless you have been properly warned that your presence is not permitted, or no longer permitted on the subject property. The warning may be verbal, and sometimes may be written. In a nutshell, if you enter the subject property having been “legally” pre-warned not to – you have committed the crime of trespass. Likewise, if you fail to leave property after being warned to do so by someone with greater authority than yourself you also commit the crime. Please call us if you are ever charged with Trespass. To learn more about tresspassing, traffic tickets or DUI or any other legal issue, please go to www.TrafficTicketTeam.com or call us at 954-557-5700 or click on our YOU TUBE Video



Cop Tries to Bury Friends Ticket

FHP Trooper Under Investigation For Trying To Get Rid Of Friend’s Speeding Ticket When you think about the Florida Highway Patrol and speeding tickets you usually think of a cop giving you a citation not trying to get rid of one. Tallahassee.com is reporting the story of one trooper who tried to get a speeding ticket taken away so a friend wouldn’t have to pay the fine. Trooper William Grissom is now under arrest. Grissom was charged with a felony for falsifying official documents when he completed a notice of dismissal for a speeding ticket fellow Trooper Matthew Rabun issued on August 14. Grissom changed the citation indicating the radar failed the end of shift test and then he signed Rabun’s name. Grissom realized how serious of a mistake he made and urged his friend to pay the fine. If you have been cited for a traffic violation anywhere in Florida and don’t have a friend on the force to take care of your ticket, please do not hesitate to contact experienced Traffic Ticket Lawyers, www.traficticketteam.com. 954-967-9888. The Traffic Ticket Team has  a 99% success rate in keeping points off their client’s driver’s licenses.