The Ins and Outs of Traffic Tickets

Almost every driver has experienced the dreaded traffic ticket at some point or another. No sooner do you accelerate on the highway than you see the flashing lights and siren behind you indicating a wrong-doing. A momentary lapse of good judgment should not, however, tarnish your clean driving record. Knowing how to fight a traffic ticket will ensure that you don’t pay excess fines or get your license taken away.

It is extremely important to remember to always respect the law; never get angry with the officer or start arguing with them, as this will only get you further into trouble. Be sure to directly answer all of the officer’s questions in a courteous and polite manner. Do not exit your vehicle unless they ask you to.

Another important thing to keep in mind is that you should not openly admit your guilt or try and come up with unbelievable stories or excuses. Let the officer explain your infraction and if they ask if you know what you did, answer with a simple, “No, I don’t.” For a speeding offense, be sure that they inform you of what speed you were going and what the limit is in the area.

The name and badge number of the officer will be listed on the ticket, but it can sometimes be unreadable, especially if they have bad handwriting. Be sure to ask them for this information and write it down for yourself, as you will need it for when you go to court. You will also need to ask them detailed and specific questions about the device they used to determine your speed or other infraction and where they were located. For speeding, check for clearly marked signs; if there are none then be sure to take videos or pictures to further prove your case in court.

The officer may come to the conclusion that because you are being so thorough with your questions, that the case may get dismissed, and it is not worth the effort of showing up in court. They do not get paid for court dates and hearings, and many of them would rather be spending time with loved ones or friends anyway. If they do not appear, your case is automatically dismissed.

Your case can still be won, though, even if the officer does show up. The judge may consider all of your evidence and dismiss the case altogether or lessen the fine that you must pay. For more serious offenses, it may be worthwhile hiring an attorney. There are also companies that are comprised of former police officers that give you advice and tips on how to proceed in court. You will have to decide for yourself if spending money on this type of assistance is needed.

Knowledge is power, and gathering every detail possible is paramount to proving your case, whether or not you hire anyone to help you. Immediately after receiving your ticket, file a motion of discovery. This will let you know exactly what you are being charged with, and what type of evidence will be used against you.

Volunteering for traffic school may also be a way for you to get your offense lessened or dismissed completely. Not all areas offer this, so be sure to check with your local jurisdiction. There is a great benefit to receiving a refresher course and can help to prevent future tickets and fines. Knowing how to fight a traffic ticket could be as simple as preventing one in the first place. Fight your Florida Traffic Ticket now, 954-967-9888 http://www.TrafficTicketTeam.com

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How Points Work on Your License

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The most common civil traffic citation given by law enforcement around the state is for the offense of speeding. In 2007, there were 1.3 million speeding tickets issued by police in the State of Florida. That number is not a true reflection on the real number of speeding tickets, because law enforcement has the discretion to “cut someone a break” and charge them with violating the speed limit sign. That violation is referred to as violation of a traffic control device, and it is possible that the number of speeding tickets would be closer to 1.8 million. Given those unbelievable numbers in the Florida, Speeding tickets can be divided in to 3 distinct categories as far as punishment is concerned.

1) 15 MPH OR LESS OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 15mph or less over the speed limit carries with it a fine along with 3 points on your license. The amount of fine is usually listed on the back of the ticket and is actually set by each individual county. The points will stay on your license for 3 years and the ticket will be on your driving record forever. Depending on your insurance company it could also result in an insurance increase. No court date is required if your citation fits within this category. You can either pay it and get the points, do traffic school if eligible, or contact our office immediately to obtain information on fighting it.

2) 16 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 16mph or more over the speed limit carries with it a specific fine along with 4 points going on your license. The amount of fine is usually listed on the back of the ticket or you can visit a website that lists every clerk’s office. Then just look in the upper left hand corner of your citation and find the county in which you received the citation. The points will stay on your license for 3 years and the ticket will stay on your record forever. Depending on your insurance company it could also result in your insurance costs increasing. No court date is required.

3) 30 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

This is the 2nd most serious type of speeding citation you can receive. If you receive a citation for going 30mph over the posted speed limit, it carries with it a fine, possibility of 4 points on your license, possibility of a license suspense, and a mandatory court date. The amount of fine is set by the Judge at the court hearing. The points will stay on your license for 3 years and the ticket will stay on your record forever. Depending on your insurance company it could also result in your insurance costs increasing. Failing to appear at your court date could result in your license being suspended. This is referred to a D-6 suspension.

4) 50 MPH OR MORE OVER THE SPEED LIMIT-STATUTE 316.1926

Beginning October 1, 2008, the Florida legislature passed a new speeding bill. If you are charged with driving 50 MPH over the posted speed limit pursuant to Florida statute 316.1926, you will be facing a civil penalty of $1000.00. On a second offense, the fine is up to $2500.00 and the court will revoke your license for a period of one year. On a third offense you will be charged with a third degree felony and will face a fine up to $5000.00 and the loss of your driver’s license for 10 years.

Regardless of which type of ticket you receive we do not recommend just paying the ticket before contacting our office to go over possible defenses. Often we are able to get the ticket dismissed or keep the points off your license, which normally will save your insurance costs from increasing. **In addition you will not have to attend your court date, we will attend it for you. So call the Traffic Ticket Team now. 954-967-9888 http://www.TrafficTicketTeam.com

**each insurance company is different, contact your carrier to discuss how receiving a ticket will affect you.

 

Speeding Cameras. What’s Next!

Traffic Ticket Team

Traffic Ticket Team Fight Back

Everyone knows that speed cameras work. They create the discipline of a lissom lady in leather and make sure everyone understands just what the rules are. In fact, some people are so in awe of speed cameras’ discipline that they develop speed camera phobia and try to steer clear of them whenever possible. This being a troubled world, there are those who believe that these marvels of technology are merely there to make money for local authorities. So what can these troubled people say to the fact that Arizona has removed their cameras because it couldn’t make them pay? Well, they could say that Arizonans simply weren’t too keen on paying their tickets. Now, though, speed camera technology is going a little further. My heart began to chug beyond all speed limits when I read  that there are new speed cameras, ones that don’t merely check your speed. This astounding conjunction of art, technology, and justice–known as Asset (Advanced Safety and Driver Support for Essential Road Transport)–is so packed with gizmos that it can discover you are breaking a multitude of laws all at the same time. Yes, Asset can check whether you’re insured, whether you’re wearing your seat belt, whether you’re too close to the car  in front. It can even check whether your hands are in the correct 3:40pm position currently recommended in many states. Oh, I’m not entirely sure about that last one. But I am sure your veins are already pulsating at the idea of a speed camera that could, potentially, issue three or four tickets to you at once. Asset is currently being tested in Finland. So one can only wonder whether these speed cameras will be able to detect alcohol levels emerging with drivers’ breath, as Finland has a long and interesting history with alcohol consumption.The Asset mechanism is really quite simple. It takes a multitude of pictures and wafts them back by satellite to a large central database. Think of it as a real-time Google search of your car. The Mail suggests that these fine machines–you know, machines that issue fines–will be in service across Europe by 2013. I know that many who live outside of Europe’s confines will already be booking their trips in anticipation of such a large and speedy step forward for civilization. But if you get a traffic ticket in Florida, call the Traffic Ticket Team to Fight Back for you. Our attorneys have handled over one million traffic tickets. So don’t hire a random ticket clinic lawyer, hire a Team. That is, call the Traffic Ticket Team, 954-967-9888

 

 

DMV System Crashes, Long Lines to Get Your License

Traffic Ticket lawyer Intermittent outages of the Florida Department of Motor Vehicles mainframe servers have led to system crashes at driver’s license offices across the state, making already long waits even longer for frustrated customers. ”All I’m doing is sitting here waiting,” said Jeff Gilman, who arrived at the DMV office on Military Trail at about noon Friday and was still waiting to be served four hours later, along with about 60 other people.  The system has been unstable since Nov. 3 and it has been declared it a critical situation, said Courtney Heidelberg, DMV’s deputy communications director. The problem has not been fixed yet, she said. Customers at DMV offices were already facing long waits because of tougher ID requirements for obtaining licenses since the Sept. 11, 2001 terrorist attacks. Although Gilman said officials offered to let people make appointments to come back another day because of the sporadic outages, he said he was concerned he’d just run into the same problems again. The lengthy wait times were exacerbated at the Deerfield office because its two bathrooms were out of order most of the afternoon.  ”The bathroom backed up and the sewage came up out of the floor,” said Uranius Cruz, of Deerfield Beach, who arrived at the office at 11:30 a.m. and wasn’t finished until 3:45 p.m. Scott Vincent, of Margate, came to the Deerfield DMV office Friday after stopping by the Margate officefirst. ”The line was even longer in Coral Springs,” said Vincent, who arrived at 2:30 p.m. and planned to stay as late as necessary. Officials said anyone in line as of 5 p.m. would be seen. The Traffic Ticket Team is aware of the problem and trying to help people in a similar situation. If you get a traffic ticket, call the www.trafficticketteam.com, Jason Diamond, Diamond, Kistner & Diamond, 954-967-9888. Let us Fight your Traffic Ticket. Do not pay that traffic ticket, fight back.

 

She Wears Short Shorts… He Wears Baggy Shorts…

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If you’re headed to traffic court in California better leave the flip-flops at home. Have a court appearance in district court in Inkster, Mich.? Jeans are on the not-to-wear list. And don’t even think of wearing short shorts to court in Dover, Del. Judges in those jurisdictions and others across the USA are cracking down on skimpy, sloppy or what they consider inappropriate attire in an effort to maintain decorum and beef up security.  A provision in Delaware  that bars skirts shorter than 4 inches above the knee when standing “sounds like Catholic school,” says Timothy Fautsko, who advises courts on security issues for the National Center for State Courts. But, he says, the dress codes serve a purpose.

“I think it maintains order in the courtroom,” he says. Fautsko says some people seem determined to push the fashion envelope. “I had a report of one court that had an individual keep coming into court dressed like a clown,” he says. “Again, that pushes the dignity of the court.” Courts are a place where serious business is conducted, and that demands appropriate attire, says Delaware Superior Court Judge William Witham Jr. “We’re not out to treat people as school kids, but we do expect if you come to court, you need to treat it with the appropriate respect and dignity it should deserve due to the occasion,” he says. Among recent examples:

• In May, Jennifer LaPenta was jailed briefly after a judge in Lake County, Ill., held her in contempt for wearing an offensive T-shirt to court.

• In Inkster, Mich., Joseph Kassab was turned away in April from the courtroom for wearing black jeans. He missed his traffic court appearance and was fined, and he’s challenging the dress code in the state Court of Appeals.

• The same thing happened to Linda West, who missed her court date after being refused entry in June to court in Bakersfield, Calif., for wearing flip-flops.

• In July, in Hamilton County (Ohio) Municipal Court, William Morse’s T-shirt featuring slasher-movie character Chucky and the words “Say goodbye to the killer” earned Morse a warning that he’d spend a day in jail if he came to court again with inappropriate attire.

Though some attire may seem obvious choices to ban, other clothing can be a tougher call — and barring some attire can raise troubling questions about race, religion and access to justice, legal experts say. “It would seem inappropriate to have the security officers be the determiner unless it’s a safety issue … especially when the result could be they miss their court appearance and are subject to a penalty. That would be questionable,” says Micah J. Yarbrough, a professor at Widener University School of Law. Many dress codes single out baggy pants, particularly those that expose undergarments. That fashion began in the African-American community, says Holly Alford, an assistant professor in the department of fashion design and merchandising at Virginia Commonwealth University. Banning such attire is “almost like you’re making racial statements without actually saying it,” says Alford — who admits she pesters her son daily to pull up his pants. Fautsko says an increasing numbers of courts are adopting dress codes, and for security reasons some specify that faces be uncovered, posing problems for Muslim women wearing veils or burqas. That issue has come to the fore among judges and security personnel in the past six months, he says, adding that courts are “seeking some definitive direction on what to do, and what to do in a uniform manner, so it’s not different from court to court.”

A spokesman for the Council on American-Islamic Relations, says courts can follow the lead of the Transportation Security Administration and have a female officer take a Muslim woman to a private setting where she can remove her face covering. “There should be no issue for anyone entering a court with either a face veil or a head scarf,” Hooper says. Dress codes can play a role in public safety. For instance, gang-related clothing or gang colors could be used to intimidate witnesses in criminal cases. Dress codes pose few problems for defense attorneys, according to Brendan O’Neill, Delaware’s chief public defender. Most lawyers customarily advise clients about proper attire, he says, and many will supply garments to indigent clients. Gayle V. Fischer, a professor at Salem State University, has written extensively on the history of clothing and society. In her view, court dress codes are the product of a casual society and ignorance of court culture.A pajama-clad woman who was turned away from court in Delaware “probably wears that outfit to the grocery store,” Fischer says. “Dressing up, that’s something that you’re taught, and if you don’t live or participate in any of the arenas where you need to dress up, you probably just don’t think about it.

If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

Be Prepared to Wait for Your License.

Traffic Ticket Team

Traffic Ticket Team

With a drastic cut in Clerk of Court funding, here is what you can expect the next time you go to renew your drivers license.

Broward County
Lauderdale Lakes; 5,723; 11 min 3 sec; 35 min 23 sec; 16
Fort Lauderdale; 4,988; 8 min 53 sec; 48 min 33 sec; 10
Lauderhill Oakbrook; 4,655; 10 min 3 sec; 56 min 46 sec; 11
Pompano Beach; 3,185; 7 min 34 sec; 28 min 6 sec; 8
Deerfield Beach; 4,339; 50 min 5 sec; 141 min 6 sec; 12
Margate; 3,787; 8 min 36 sec; 22 min 57 sec; 11
Pembroke Pines; 8,055; 9 min 33 sec; 48 min 59 sec; 17
Palm Beach County
West Palm Beach; 5,878; 9 min 1 sec; 52 min 45 sec; 19
Delray Beach*; 6,505; 11 min 13 sec; 66 min 13 sec; 9
Lantana; 5,006; 9 min 18 sec; 53 min 38 sec; 8
Palm Beach Gardens; 5,215; 8 min 52 sec; 16 min 59 sec; 10

Note: Average wait times do not include time spent standing outside the office waiting to get in.

If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

Published in: on August 22, 2010 at 2:32 pm  Comments Off on Be Prepared to Wait for Your License.  
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DUI Labor Day 2010

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In advance of the upcoming Labor Day holiday, law enforcement agencies throughout the state and in South Florida are taking part in a nationwide crackdown on drunken and impaired driving. The Plantation Police Department is one of the agencies that will be conducting DUI saturation patrols for the 18-day period that began Friday and runs through Monday, Sept. 6. “Many people choose to celebrate with alcohol during the summer,” said Plantation Police Sgt. Joe Gallignani in a statement from the agency.”Our goal is to apprehend impaired drivers in the area before they cause crashes,” the statement said. Statewide, the Florida Highway Patrol is also taking part in the enhanced enforcement campaign called “Over the Limit, Under Arrest.” According to FHP figures, 875 people were killed in alcohol-related crashes in 2009, including 29 who died during the official Labor Day holiday period. This was first reported in the Florida Sun Sentinel.

If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

Clerks Of Court Facing More Cuts $$$

As elected clerks of court, we are deeply concerned about the amendment to the Senate General Appropriations Act, which proposes another $23 million cut to the clerks’ statewide budget. In Broward and Palm Beach alone, more than 250 employees were laid off last year. These additional cuts mean up to another 130 people may be laid off. The result will be a direct impact on the citizens we serve and our local economy. There are documented, quantifiable costs associated with court-related delays in civil cases, with a direct economic impact approaching $10.1 billion annually in the state of Florida. You may recall that clerks’ budgets across the state were cut by almost $90 million last year, and almost 1,300 people were laid off statewide. More than 30 clerk branch service offices were closed. Those reductions, combined with the ones proposed, will critically impact the ability of Florida’s clerks to provide constitutionally and statutorily required services. However, before we cut services, we adopted technologies to ensure our offices were running as lean as possible. We have been cut to the bone, and with 90,000 foreclosures pending, we’re not getting the job done. The public’s access to the courts will be further restricted as customers wait in line for hours. Businesses will lose thousands of dollars because of case processing backlogs delaying certificates of titles, writs of possession and court docket updates. Civil court lawyers will be the hardest hit by backlogs, as clerks shift from civil departments to criminal to meet statutory requirements such as “speedy trial” — a mandate to give criminal cases top priority. Our legislators need to hear from everyone that cutting the clerks’ budgets for two years in a row will limit access to the courts and directly affect court users. It is unconscionable to impact Florida’s economic recovery by restricting access to the courts in these difficult times. If you are a local Florida Bar member, a member of the business community or just a person who has dealings with the courts, you need to reach out to your state senators and representatives to prevent another direct hit on your economic future and the future of Florida. If you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

New Documentation To Renew Your License

Traffic Ticket Team

Traffic Ticket Team

A visit to the driver’s license office has always been a little slice of hell.  Now it’s gotten even worse.  Florida’s strict new identity requirements for license renewal are steering drivers to new heights of confusion, costing them time from work, sending them on laborious paper chases and forcing return trips to the dreaded DMV. “It’s very frustrating,” said Harmony Hoot, of Lake Worth who, along with her fiancé recently was on her third attempt in a day to renew his license. “I’ll admit I was yelling. There were some profanities.”  The source of Hoot’s woe: A new state law that went into effect Jan. 1 requiring drivers to provide more documentation before renewing a license. Where formerly you needed only to produce your old license to get a new one, you must now cough up more solid identification such as a birth certificate or passport.  Further proof is required in the form of a Social Security card. If the flimsy card has disintegrated in your wallet over the past decades, a W-2 tax form or paycheck bearing the nine magic numbers will do. But that’s not all. The state demands not one, but two proofs of residency bearing your address, which can be a utility bill, mortgage statement or vehicle registration or title. Parents can accompany minor drivers and attest to their residency as long as the parent has the required proof of address.  Married women using their husband’s name will need to produce a marriage certificate. “I was not told I need a marriage certificate just to renew my license,” said a disheartened Lucy Garcia, of Tamarac, who for a second time was turned away from the license office in Lauderhill. “Who knows how much longer I’m going to be coming here?”  But at least the Lauderhill office had staffers out front to cull from the herd people who lacked sufficient documentation, sparing them a wait in line.  The documentation requirements are part of the REAL ID Act passed by Congress in 2005 in response to the Sept. 11, 2001, terror attacks. The hijackers used false identification, including Florida driver’s licenses. A majority of states has refused to comply with the act, and federal authorities have postponed until mid-2011 a deadline for it to take effect. Gary Biller, director of the National Motorists Association, a driver’s advocacy group, said the new requirements are too extreme. However, if you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. Call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.

Speeding Ticket Iphone Application

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Traffic Ticket Team

A popular phone app could help you avoid a pricey speeding ticket. Sounds like the kind of program police wouldn’t embrace, but that’s not necessarily the case. When Art Acevedo took over as Austin police chief, one of his first orders of business was to eliminate the daily news releases about where APD was running radar. However, the Travis County Sheriff’s office is embracing new technology and the concept that the more information the public has, the safer the roads will be.  It’s not uncommon to see law enforcement officers armed with radar guns aimed at oncoming drivers. Now with a simple check of the app on a 3-G phone or by going on line, Central Texas drivers can know in advance where deputies with the Travis County Sheriff’s Office will be running radar. “It’s simply a way for us to communicate with the public the areas where they need to slow down and comply with the speed laws. The added benefit is notifying people if there is some change in the road conditions that affects their safe driving,” said Roger Wade, the public information officer for the Travis County Sheriff’s Office.  The Trapster App also alerts drivers to flooded roadways or accidents that could delay their trip, but the main focus is on radar detection.  “The bottom line is we want to make the roads safer for Travis County and this is another tool that will do that,” said Wade. The question seems to be whether it’s better to let the public know where radar is being run or not.  Austin Police Chief Art Acevedo prefers not to give advance notice. “It kind of defeats the purpose of being out there,” said Acevedo. “We want people to know that we were working it but telling them the specific roadways was a little counterproductive for us.”  Drivers we spoke to were split.  “Yeah I think it is a good idea and I probably would use it,” said John Egan. “If you know we are running late for work or if I am in a hurry, we would want to know there is going to be a cop around the corner. I will slow down,” said Sean Munoz. “Some people are going to have radar detectors anyway and they are going to find out if they want to find out,” said Diane from Austin. “But most people are not going to take the time to look into something.”  Drivers can add data to Trapster, just like the Travis County Sheriff’s office does — but if it’s inaccurate, it can be taken down.  By the way, Roger Wade tells us his office doesn’t make any money off Trapster. The app is free of charge. However, if you get caught speeding, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. Call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.