Legal Question in Traffic Law in Florida

Re: criminal traffic ticket

Hey Annmarie:

I just read your question. I have to first say that this is not a formal legal opinion and this is not an atty/client relationship. This is a general discussion of legal principles.

You mentioned the spelling of his name and it's impact,basically, this is merely a typo and will not have any impact. I would advise the State or the Clerk's office to correct that.

As to the charge of racing, he might want to have an atty. to represent him. I don't say that because of the gravity of the charge, as it is not that serious, but rather, an atty. knows the procedures and what to ask the Court or the State. As such, in North Fla. where I practice, this charge would be reduced to a different charge if we wanted to plead guilty (or no contest) and the court would merely order some court costs to be paid in about 60 days. The court would not make this a conviction (it's called a withhold of adjudication of guilt...this means no points) This is assuming the client did not have a bad driving record.

In general, his options are to negotiate a favorable disposition with the Court or State or ask for a trial. I always try to talk my client out of going to trial on civil infractions (I believe this is civil, but do not have the ticket with the statute #) or minor misdemeanors. Fighting something minor often backlashes in that it costs money and a lot of one's time and mental anguish. And, the client may lose which makes things worse. Upon a loss, the court most likely, would adjudicate the person guilty, which means points assessed.

I mention above the Court or State Attorney would change the charge to something else upon an agreement to plead to it because a plea to "racing" will get the person's license suspended by Tallahassee (the Dept. of Highway Safety).

'Hope this helps. If my office can be of assistance on this or other matters in North Fla. please give us a call. Tom Rosenblum