Legal Question in Traffic Law in Florida

I was issued a ticket several months back for speeding - this is my first ticket and have not had any prior issues with the law (ie arrests, citations, etc). I hired an attorney to represent me but was not given the opportunity to appear at the hearing. The judge assessed a hefty fine and also ordered traffic school. On the court docket, it's even noted that I was not present and I feel like this negatively affected my outcome. Is there any way to request a reduced fine or an additional hearing to try to improve the outcome? Any advice is greatly appreciated!


Asked on 1/25/10, 8:12 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Hopefully you talked to the attorney about your presence at the hearing. Your lack of presence would not negatively affect the outcome. However, if you were planning on a full trial, then you should have told your attorney that you wanted to be there to testify. Your attorney can not testify on your behalf, only you can. It is standard procedure for the court to note your presence or not, but other than you testifying, it probably didn't make a difference. At this point, there is no realistic way to ask for a reduced fine, but if you are that concerned, you should talk to your attorney. One final note. You didn't say if you got adjudication withheld (i.e., no points), but if you did then that will save you more than your money's worth on insurance premiums. Further, even though the judge ordered school, it does not count as one in your lifetime or one within a year. So if you got another speeding ticket tomorrow, you could now "elect" the school and the court will never know that you got two tickets within a year. Hope this helps, but you really should ask your attorney if you have any further questions.

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Answered on 1/30/10, 5:56 pm


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