Commonly Asked Questions If You Have Been Charged With a Non Criminal Traffic Ticket
Do I actually need an attorney to represent me on my traffic charge?
Ultimately, that will be your decision to make. To begin with, anyone who either wants a trial or is facing jail time will almost certainly need an attorney. An attorney who has a background in traffic defense may investigate any possible legal defenses you might have, such as lack of probable cause to stop your vehicle, improper calibration of the speed measuring device, and traffic citations which were improperly prepared by the police officer citing the wrong statute number. An attorney may also contact the prosecutors at an early stage in the proceedings, if there are facts or witnesses that need to be presented in your defense. The attorney may also investigate certain diversionary programs you may be eligible to participate in, such as traffic pretrial intervention.
Does my traffic charge carry points, and what do the points actually mean?
I have been falsely accused of the charge, and I am not guilty. What are my options?
In Florida, you always have the absolute right to a trial in this matter. For some traffic infractions, you will only have a right to a trial by judge, while in many criminal traffic cases you will have the right to a jury trial, comprised of six people. A jury verdict must be unanimous, which means to be found guilty all six jurors would have to agree upon your guilt. In either case, you have the right to be represented by an attorney. Although you can be “pro se”, which means to represent yourself, this is usually an unwise decision, since the judge will require you to know and follow the Florida Rules of Evidence and Criminal Procedure. Your lack of legal training will not excuse you from these requirements.
Florida Traffic Ticket & Points Resources
Click on the links below to determine the number of points your Florida ticket carries. The top link includes a brief chart showing the number of points for the more commonly issued Florida traffic tickets. The bottom link is much more detailed. But to use it you will need to know the exact statute number, which is either written or printed on the ticket itself.
