A recent study by the traffic researching firm Data Nexus, Inc. revealed that nationally, about one out of every ten motorists on the road is operating with a suspended or revoked drivers license. Florida statistics are actually higher than the national average. Authorities in the "sunshine state" confirm that out of our 15.4 million drivers, 2.2 million are currently suffering a suspension or revocation (meaning essentially, one out of every seven Florida drivers is on the road unlawfully).
Unpaid Traffic Tickets Lead the Pack in Drivers License Suspensions
Our office has previously commented on the great number of ways the DHSMV can justify the suspension of your driving privilege. See: Is Florida Hell Bent on Suspending Your Drivers License? However, the worsening economy is making the task easier. It seems that in the first seven months of this year alone, the Clerks of Court throughout our state have forwarded 2,479,525 "D-6" indefinite suspension notices to Tallahassee as a result of unpaid traffic fines. More Floridians suffer a drivers license suspension as a result of failing to pay a traffic ticket than for any other reason. (i.e. DUI convictions, failure to meet child support obligations, excessive points, etc)
Ways to Deal With a Traffic Ticket Without a Lawyer
Ignoring a traffic citation is of course the easiest way to suffer a drivers license suspension. Motorists have a statutory obligation within 30 days of the issuance of the citation to take one of the following four courses of action:
1. Visit the local Clerk's office and pay the ticket with cash, check or a credit card. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
2. Visit the Clerk's "Payment Kiosks" at the Mid-County Tax Collector's Office at 13025 Starkey Road, Largo or at the North County Tax Collector's Office located at 29399 US 19 North in Clearwater and pay the ticket with cash, check or a credit card. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
3. Pay the ticket with a check or money order using the envelope you received from the law enforcement officer. The envelope can be placed in the U.S, Mail after affixing proper postage, or placed in one of the "Drop Boxes" located outside of the Clerk's Office locations. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
4. Pay the ticket online with a credit card using the Pinellas County's Payment Center. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
5. Pay the ticket by telephone using an automated payment line at: (727) 464-4846 that accepts Visa, Master Card and American Express credit cards. (3.5% service fee) (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
6. Pay the ticket with cash at any Amscot ($2.00 service fee) or Ace Cash ($1.50 service fee) location. (This payment of the fine results in a formal conviction & points assessed against your D/L record.);
7. Visit the Clerk's Office and make an election, if eligible, to attend a "driver improvement" course in contemplation of Florida Rules of Traffic Court, Rule 6.330 and Florida Statute Section 318.14(9). Once you make this election, and paid the full civil penalty, you have sixty days to provide proof of completion of the course to the Clerk's office. (This strategy will result in you receiving a "Clerk's withholding of adjudication." No points will be assessed against your D/L record and your insurance premium cannot be impacted.); Note that the election to complete a driver improvement course can not be made more than one time in a twelve month period or more that five elections in a lifetime. For more information, see: Electing to Attend Traffic School;
8. Visit the Clerk's office and pursuant to Florida Rules of Traffic Court, Rule 6.630(d) request that your case be set for an infraction hearing in the evening hours before a traffic court magistrate. (Outcome unknown and dependant upon magistrate's ultimate finding of "guilty" or "not guilty."). See: Florida Rules of Traffic Court, Rule 6.450 for the procedural method of administering a traffic court hearing.
9. Visit the Clerk's office and pursuant to Florida Rules of Traffic Court, Rule 6.630 (m)-(n) request that your case be set for a daytime infraction trial with a regular county court judge. (Outcome unknown and dependant upon judge's ultimate finding of either "guilty" or "not guilty.");
Don't Just Pay the Ticket!
In a recent news article that focused on Pinellas County Traffic Tickets dated September 6th, 2011, the St. Petersburg Times noted that
"An attorney can make a difference, pointing out technicalities or errors on the citation that may lead to dismissal or a lesser penalty. Cases may be dismissed if no witnesses appear to testify."
If you simply pay the ticket, the DHSMV will assess points against your drivers license. Your insurance premiums will be impacted and your driving privilege could be jeopardized.
See: The Four Things They Don't Want You to Know About Traffic Tickets
The Cost to Secure a Lawyer's Help is Probably Less Than You Think
Our office only handles ticket cases arising out of Pinellas County. This provides us with the efficiency afforded by not having to travel to the neighboring counties of Pasco, Hillsborough or Manatee. We have the privilege of routinely appearing in front of the same Pinellas County traffic court judges on almost a daily basis. Hiring a lawyer to handle your Pinellas County traffic ticket may therefore be less expensive than you think. When you weigh our legal fee to the additional expense incurred by an increase in your insurance premiums and other potential driver's license ramifications, we believe you will find the benefit may far exceed the cost.
Avoid Attending Court & Avoid an Absence from Your Job
As experienced St. Petersburg / Clearwater traffic ticket lawyers, we may be able to satisfactorily resolve your ticket without the inconvenience of your having to appear in traffic court.
"I am Guilty... But With an Explanation"
The facts & circumstances of your traffic stop might not justify an outright dismissal of your traffic ticket. Nevertheless, at times, we can explain to the judge the unique set of facts associated with your case and the importance of maintaining your driving privilege so as to not jeopardize your employment. This strategy can be effective in many cases in avoiding a formal conviction and the points that would otherwise accrue on your driver's license record.
Seeking No points & No Driving School
We can intervene on your behalf with the St. Petersburg or Clearwater Traffic Court Judge. Your Judge has the authority and discretion to save you points on your driving record & he can waive your need to complete a driver improvement course or attend driving school.
The Perils of Driving on a Suspended License
Regardless of whether you were arrested or received a "notice to appear," Florida Statue section 322.34(2) makes it a criminal offense if you knowingly operate a motor vehicle while your drivers license is suspended or revoked. Getting caught three times within a five year period complicates matters further, since the the DHSMV will declare you a "habitual traffic offender" pursuant to Florida Statue section 322.264 and administratively suspend your privilege to drive for an additional five year period.
Only too late do motorists sometimes discover their drivers license has been suspended because of their failure to maintain automobile liability insurance or pay child support obligations. (Financial responsibility suspensions) Others, get caught up in the confusion associated with the question of whether a valid drivers license is required to operate a moped, goped or electric scooter.
First time offenders are justifiably concerned about having a criminal record, should they be convicted of driving on a suspended license. In many circumstances, driving on a suspended license in Florida can even be charged as a felony offense. Furthermore, prosecutors with the Pinellas County State Attorneys Office will typically seek a jail sentence for individuals convicted of driving on a suspended license:
- Where the underlying suspension or revocation was caused by a DUI conviction;
- Where the driver has previously been convicted of driving on a suspended license one or more times in the past;
- Where the individual has previously been declared a "habitual traffic offender"
- Where the motorist was operating under a drivers license suspension caused by his refusal to submit to a breath, urine or blood test.
- Where the underlying drivers license suspension was caused by a drug conviction mandated by Florida Statute section 322.055
- Where the accused has a bad driving record, or his charge of driving on a suspended license is accompanied by an accident, aggressive or reckless driving.
Charged with Driving on a Suspended License?
Call a Team of Former State Prosecutors
(727) 578-0303
Discuss Possible Solutions Right over the phone
Related Links:
Red Light Cameras Going up in St. Petersburg
Understanding the charge of Leaving the Scene of an Accident
Are You a Probation Candidate?
How to Check Your Florida Drivers License Status
Florida Highway Patrol Targets Aggressive Drivers
Determine Who is Your Pinellas Judge
Suggestions on Selecting the Right St. Petersburg / Clearwater Attorney
"Trapster" Smart Phone Application Warns of Local Speed Traps
