Sunday, January 18, 2015

What happens if a Judge finds you Guilty after a Trial on a Traffic Ticket? ~ AVVO.com ~ Best Answer ~ Call Michael A. Haber, Esq. @ **ARRESTED

Q:     If you contest a ticket and then at hearing lose, have you forfeited the chance to take off those points at traffic school?  I need to know in order to make decision to plead not guilty or not, but those points involving school bus (I believe 4 to 6) in Florida can hurt my insurance costs. Right now have no points and I don't want to raise my rates.




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Michael Adam Haber

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Answered If you lose after a trial then sentencing is up to the Judge. The Judge can assess point, withhold adjudication, require school or not, impose fines and or court costs or do any combination of those things.

That said, you enjoy the same 3 options that anyone cited in Florida for a non-mandatory court appearance traffic citation enjoys: A) Pay it (in which case you will get points assessed on your driver license); B) Elect driving school (in which case points will NOT be assessed, but you can only do this 5 times in your life and cannot do it 2 times within any 12 month period); or C) Set it for Court and challenge it. In all 3 events you face fines ad court costs on top of what I have outlined, and, regardless of which you choose, in all 3 cases you must make an election within 30 days of issuance of the citation.

In my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Sarasota area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for 23+ years, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. "Its all about reasonable doubt"!










THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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