Legal Question in Traffic Law in Florida

Re: cited for running a red light and no seat belt.

Hello:

I just read your question. I assume since you ask what will happen next month, you took the appropriate action as listed on the back of the ticket to request a hearing. If not, you need to read the back and elect a hearing if that is how you want to proceed.

As an aside, I always advise people to never pay a ticket. Either hire an atty. or go by yourself to a hearing. I say this not to contest the infraction, but to plead no contest and ask the judge to WITHHOLD THE ADJUDICATION OF GUILT. This means there will be no points. The court will usually do this unless it was speeding in a school zone or construction zone or one has a bad driving record. The court will still order court costs in the amount of the ticket.

You will prob. be offered a withhold if you want to enter a plea. If you want to have a hearing, it will not be held the first court date. The court will pick a later date so the officer can be sent a subpoena. At that time, the court will ask the officer what he/she observed and give you a chance to cross examine the officer and then state your side. You can bring a witnesss if there was one with you or happen to see the incident.

If you want legal counsel, and this is in North Fla., I do this stuff all the time. I usually advise my client to plead to a withhold if it is his/her word vs. the officer. That way we get a withhold of adjudication...NO POINTS. I will fight for my clients, but sometime you goota pick your fights. You have to ask yourself if this is worth your time and emotion. 'Hope this helps. Tom Rosenblum

Re: cited for running a red light and no seat belt.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The information provided by Mr. Rosenblum is very good. I would go a step further, however, and based on your apparent need not to have any points on your record, advise you not to go to court without an attorney. Traffic law has become a field where there are many attorneys who are willing to handle these cases for a very reasonable fee. You should explore your options and retain an attorney who will be well versed on the appropriate defenses and how to plead your case to get the best possible result.

Scott R. Jay, Esq.