Question: I went to the Courthouse and paid my ticket. Now it says “GUILTY PLEA” and there are points on my license. What can I do?
Answer: An attorney may be able to file a motion to remove the conviction resulting from the guilty plea. You should act quickly to request this motion to reduce penalty as there are time limits on when this motion can be filed with the Court. Contact Defender Donahue Law PLLC today at 561-888-0113 to speak with an experienced Florida Traffic Ticket Penalty Reduction Attorney.
Example: The following is a hypothetical scenario. You forgot to pay a ticket and your license was suspended. In a panic, you went to the Courthouse and paid the ticket at the Clerk’s office. Now not only did you pay the fine, but your record says “Adjudicated Guilty” or “Guilty Plea” and there are points on your record. Why did this happen and what can you do?
Why did this happen? In Florida, if you receive a traffic citation for a civil infraction, you have 30 days from the date of issuance to make a decision on how you want to handle the case. If you fail to satisfy your citation by selecting one of the options within 30 days of the issue date, it may result in a suspension of your driver license and late fees. Since you paid the ticket and late fees, you paid the civil penalty, admitted guilt, and accept the associated points.
How many points are on my record? Under the Florida statutes, points are assigned when you receive a traffic citation for a civil infraction moving violation. Too many points over a certain period of time can result in your driver’s license being revoked or suspended. Examples Include:
- Careless Driving = 3 Points
- Child Restraint Violation = 3 Points
- Leaving Scene of a Crash Without Giving Information More Than $50 Damage =6 Points
- Fail to Obey Traffic Control Signal= 4 Points
- Failure to Yield= 3 Points
- Reckless Driving= 4 Points
- Speeding= 3 Points
What can you do? Under Florida Rules of Traffic Court Rule 6.490, an attorney may be able to file a motion for a reduction of penalty. The rule states “An official may reduce a legal penalty within 60 days after its imposition, or thereafter with good cause shown.” The motion would state that at the time the person paid the the ticket, they were not aware or informed of the consequences of payment of the ticket by the Court or Clerk’s office would result in an adjudication and assessment of points. The motion would request the Court reduce the penalty from the “Adjudication” and entering a “Withhold of Adjudication” and not asses points.
Contact Me: Defender Donahue Law PLLC represents clients that want to remove convictions and points from their traffic record for offenses that occurred in Palm Beach County, Broward County, and Miami-Dade County. If you paid your ticket, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular case and the possibility of clearing your points and record. To schedule a free and confidential consultation about your case, call my cell phone (561) 888-0113, send me an email PCDEsq@gmail.com, or use my Contact Form.