Legal Question in Traffic Law in Florida

i have perfect driving record and drive in a government job. suddenly i was stopped by local police who stated they ran my tag and i had a suspended license! They ticketed me for a suspended license (due to insurance lapse) without knowledge.

I contacted my insurance and found the month prior the company had technical glitches along with DMV with the automatic pay for my premium, when it initially didn't get posted they sent DMV notice of lapse. Then when it was corrected but my license was apparenlty suspended. I got NO notice from DMV either, so i'm not sure if it got correced with them or not and have to assume it got corrected so no notice went out, but i was still showing as having a suspended license. I really don't know their inner workings or glitches, but everyone, including DMV said this happens a lot, in fact in the local news, and paper and online that very month prior thousands in florida had the same thing happen with system glitches with DMV with insurance cmpanies and everyone bombarding DMV to correct it. But now I have to go to Court over it. So I've gotten a Proof of INsurance from my insurance to show I was indeed covered when I got the ticket, and also DMV issued me a new license and new registrations also, correcting it on their end now. So why do I still have to go to Court over the ticket - I assume because the ticket was issued and I have to prove it was in error and I was indeed insured and request it be dropped and then expunged, because I drive for the State, I cannot have this on my record! Do I need a lawyer, or bringing in mynew license, new registration, proof of insurance for the time period I got the ticket, and a copy of the news article about this happening to thousands during that time is enough? Also, the Judge is a new one, that was previously a local lawyer, that happens to be the lawyer for my EX, that we got into personally for almost a year, so I'm concerned about that also. Can I ask for a different Judge for something like this? Can this be done without a hearing, if I submit everyting to the Clerk of Courts beforehand? I've never been in trouble before, this is serious to me.


Asked on 8/21/14, 8:28 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

First, you should get a lawyer, even though it is only an infraction, there is a lot of consequences to this charge. Usually you can't recuse a judge but in this case, it may be possible, and you would need to speak to your lawyer about that. And yes, if you want to challenge this, a hearing will need to be set. First, get an attorney.

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Answered on 8/22/14, 9:20 am


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