Legal Question in Traffic Law in Florida

Re: Red Light Ticket

Greetings. Thank you for allowing me to respond. With out more facts, I am assuming that your husband was ticketed for alleged violation of Florida Statutes, (F.S.) "Section 316.074 - Obedience to and required traffic control devices."

As far as his options:

-Generally, a driver in Florida can attend traffic school three (3) times in a lifetime and once every 12 months. Accordingly, it depends on whether he has been to traffic school within 12 months of his previous election to attend traffic school. If he has not elected to attend traffic school within 12 months of this ticket, he maybe eligible. If he is eligible, he can make the election with the court within 30 days of the ticket, attend the school and withholding of adjudication will occur meaning no points on his license.

-If does not qualify for traffic school, he can also request a court hearing within 30 days using the forms found in the Florida Rules of Traffic Court. At the hearing, he can contest the ticket or ask the police officer to recommend a withholding of adjudication and if the judge/hearing officer agrees, then no points will be assessed. I suggest that if this option is taken, you hire an attorney who specializes in traffic law. Usually you can find them online using names, such as "ticket clinics." Their fees are usually low and these attorneys know the judges/hearing officers.

-He can pay the fine/ticket outright. HOWEVER, if he does, he will be adjudicated guilty and points will be assessed on his license. Probably two (2) points.

In closing, because most Florida Traffic Courts are frequented by "familiar faces" - meaning that the judges/hearing officers, law enforcement officers and attorneys are all familiar with each other - I would hire a local attorney in Lee County who actively practices traffic law and request that he/she try to obtain a withholding of adjudication with no points.

I hope this helps. Please feel free to follow up with me on my e-mail if necessary.