Thursday, August 4, 2016

What do I do about a Collections Notice for a Speeding Ticket that the Clerk Lost? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I received a speeding ticket back in February of this year. A week after receiving the ticket, I moved from an apartment into a house and somewhere along the way, lost my copy of the ticket. Knowing that I had to pay the fine within a month, I called the county clerk's office to see how I could make a payment in the beginning of March. They were unable to locate my ticket in their system at that time. I verified this with them on several occasions and with several people within the clerk's office. I was even advised by one representative that it didn't appear that my ticket was ever submitted by the officer as they were unable to locate it by either my SSN or first/last name.  I received a notice of collection from a collection agency last week stating that I have failed to pay my cost for my speeding ticket. The same one the county clerk's office had told me that they had no record of. According to Florida statute 316.650(3)(a), the officer had 5 days to submit the ticket to the clerk's office, which obviously was not done seeing as I had called several days past this 5 day limit. I spoke with them again today and was told the officer submitted the citation on June 22.




 A:     Chosen as "Best Answer" by Asker on www.AVVO.com


Licensed in FL



2

Lawyers agree
Best Answer
chosen by asker
Answered . Hire a lawyer.

You will get nowhere quickly blaming the clerk - even if you are right.

You need a traffic lawyer to file a motion for relief seeking to pull the case from collections and get it back before a Judge.

I can't speak to Clearwater but in the 305 cases do not get dismissed for failure to comply with 316.650(3)(a).

My advise is firm: Do not play lawyer... hire one.

My guess is that you have about as much business practicing it as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and art of cross-examination. You have a potential winner and I'd hate to see you blow it.

That said, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Clearwater area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, 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 25 years 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.  


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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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