Legal Question in Traffic Law in Florida

Re: Motor vehicle case

Hello:

I just read your question. I don't have a lot of time to explain all the procedures and the law at issue, but can offer some advice (for Duval County procedures).

These appear to be misdemeanors. There is an arraignment where you go to Court and plead not guilty and ask for a pass date. You can do this a few times until the Court decides neither the State nor the Defendant seem to be budging (toward a negotiated plea) and the Court will set the case for a trial at a later date.

You may be able to argue that you had no knowledge of the expiration of the tag or that there was no insurance. I would first research the statute on each of those charges (listed on the actual citation) to see if a driver has an obligation to check those things before driving. This would be easy to find out.

I will add that I have handled many cases such as this and I usually talk my clients out of going to trial. I base my advice on the theory that these are small matters and you need to pick your fights! We usually are offered a chance to enter a plea to one ticket (if there are more than one, the other is dismissed) and if my client does not have a bad driving record, the Court will withhold the adjudication of guilt...which means there will be no conviction on his/her record. Court costs are usually ordered to be paid. It's sort of like cutting your losses.

If you ask for a trial, you have to put in your own time and energy. If you get an atty. to represent you, you may have to pay (for a trial) anywhere from $500.00 to $750.00. Also, you may not win at trial. So, as you see, someone can cut there losses by pleading to one ticket and getting a withhold and court costs. However, in your case, if the statute does not make a non owner driver responsible for knowledge of the tag or insurance, you have something to fight.

'Hope this helps. If my office can be of any assistance to you, please give us a call. Tom Rosenblum

Keep in mind

Re: Motor vehicle case

Yes. You can fight the tickets. I would be glad to help.