Legal Question in Traffic Law in Florida

Driving school

I just found out my license has been suspended because I elected to take the driving school twice in 12 months, although I did not know I had done it in the past 12 months...The state now has a case open because of that....What am I up against


Asked on 11/01/06, 5:47 pm

1 Answer from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: Driving school

Hello: I believe you are saying the State has a case open over this. A moving violation is only a civil matter, not criminal. They may have suspended your license, but there would be no new charge. You should contact the Dept. of Highway Safety and Motor vehicles or a local drivers license office and ask what you need to do to remedy this. I believe they will tell you to pay a fee to lift the D-6 (delinquincy) and another fee to reinstate your license. You would also need to pay the fine for the ticket.

If you have prior points and are trying to avoid points for this ticket, you could file a motion with a county court judge (ask the traffic dept. of the Clerk of Court's office which judge) asking to set aside the D-6 and give you a court date. You would still have to pay to lift the D-6.

At the court date, you could plead no contest and ask the court to WITHHOLD ADJUDICATION of guilt. This means it is not a conviction...no points. The court will probably impose court costs. This is a common procedure here in Duval county. If my client has a bad prior record the court may increase the court costs or order my client to attend driving school. The court can order the school even if you have gone this year or five times in the past. 'Hope this helps. Tom Rosenblum

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Answered on 11/01/06, 6:58 pm


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