Traffic Failure to Comply Representation in Florida
Defender Donahue Law represents clients accused of traffic infractions. If you are facing a traffic ticket in Palm Beach County or Broward County, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular case. To schedule a free and confidential consultation, call us now at (561) 888-0113, send us an email Patrick@DefenderD.com, or use our Contact Form.
Why should I hire Defender Donahue Law PLLC for my Florida Traffic Ticket?
If you receive a Florida traffic ticket, there is a risk of having your license suspended, insurance payments increase, as well as the heavy fines and other costs. The consequences for traffic violations in Florida vary significantly depending on the nature of the traffic violation. By hiring Defender Donahue Law to defend you, you’ll get guidance and support from a criminal defense lawyer to handle your specific traffic ticket. Patrick C. Donahue, Esq. will defend you against a traffic ticket of any kind, try to limit points received, and inform you about the legal options available to you.
How Do I Remove a “Failure To Comply” Suspension Because of A Florida Traffic Ticket?
Did you forget to pay the fine or hire a lawyer to contest your Florida Traffic Ticket within 30 days? If you received a “Failure to Comply” suspension, here is how to reinstate your Florida Driver’s license.
What is a “failure to comply” suspension?
Under Fla. Stat. §318.15, you may receive a “failure to comply” suspension if you do any of the following:
- Fail to pay the traffic ticket fine within 30 days (If a person fails to comply with the civil penalties provided in s. 318.18 within the time period specified in s. 318.14(4)),
- Fail to enter into or comply with the terms of a penalty payment plan with the clerk of the court in accordance with ss. 318.14 and 28.246,
- Fail to attend driver improvement school, or
- Fail to appear at a scheduled hearing.
Since you failed to comply with any of the above, “the clerk of the court shall notify the Department of Highway Safety and Motor Vehicles of such failure within 10 days after such failure. Upon receipt of such notice, the department shall immediately issue an order suspending the driver license and privilege to drive of such person effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). See Fla Stat 318.15.
How do I reinstate my Florida driver’s license after I receive notice of the “failure to comply” suspension?
Your attorney can contact the Clerk of Courts office and determine if there are any late fees. If there are late fees, your attorney may direct you to pay the late fees in a way that will not result in pleading guilty and accepting points for the traffic ticket. Once the fees are paid, the Clerk of Court will issue a D-6 clearance form with a stamped court seal. You can take the D-6 clearance form to your local Department of Highway Safety and Motor Vehicles (DMV) office and pay the reinstatement fee.
Too Long; Didn’t Read (TL;DR): How do I reinstate my driver’s license after I forgot to pay a Florida ticket and received a “failure to comply” suspension? Contact an attorney who can help you receive a D-6 clearance form from the Clerk of Court.
Question: Why did I receive a letter from FLHSMV that my license will be suspended if I fail to complete a 4-hour Basic Driver Improvement Course?
Did you receive a letter from Florida Highway Safety and Motor Vehicles (FLHSMV) that states:
This document serves as official notification from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) that your driving privilege will be cancelled indefinitely effective X, 202X, at 12.01 a.m. because the FLHSMV’s records indicate you have a violation of [citation]; therefore, you are required to complete a 4-hour Basic Driver Improvement Course approved by the FLHSMV per section 322.0261, Florida Statutes.
Why did you receive this letter? In Florida, if you are required to complete a Basic Driver Improvement Course (BDI) and you fail to complete the course within 90 days of receiving notice from FLHSMV, your driving privilege will be suspended until you complete the required course.
Why do I have to complete a Basic Driver Improvement Course? If you entered a plea or were convicted of certain driving tickets or crimes, then the FLHSMV will automatically send you, the driver, to driving school. This is under Fla. Stat. 322.0261(4)(a), which states:
The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. The department shall, within 10 days after receiving a notice of judicial disposition, send notice to the operator of the requirement to attend a driver improvement course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed.
What infractions or offenses does the FLHSMV require a Basic Driver Improvement Course? The FLHSMV imposes a requirement to complete a Basic Driver Improvement Course for convictions of the following infractions or offenses:
- Fail to Obey Traffic Control Signal, 316.074(1)
- Fail to Obey Traffic Control Device, 316.074(1)
- Fail to Obey Traffic Control Sign, 316.074(1)
- Failed to Stop at Traffic Signal/Red Light, 316.074(1)
- Fail to Obey Traffic Control Signal Devices, 316.075(1)(c)1
- Citation issued for passing a stopped school bus, 316.172
- Racing on Highway, 316.191
- Reckless driving, 316.192”
Defender Donahue Law represents clients accused of traffic infractions. If you are facing a traffic ticket in Palm Beach or Broward County, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular traffic case. To schedule a free and confidential consultation about your criminal record, call us now (561) 888-0113, send us an email Patrick@DefenderD.com, or use our Contact Form.