Fight Your Ticket

Florida Drivers With a New York Traffic Ticket

1 800 FIGHT IT — Wed, 10 Apr 2013 17:05:46 +0000

Florida is a great place for people all across America to travel and enjoy a nice sunny vacation. With so many different sites to see Florida has beautiful beaches, the Everglades and excellent theme parks from Busch Gardens, Sea World, Disney World and Universal Studios. So where do Florida residents like to travel when they want a change of scenery from their beautiful home state?

Every year thousands of Floridians travel up to New York for a change of pace, leaving their relaxing surroundings for the busy city life. Florida residents traveling to New York should be aware of the different rules and laws, especially when it comes to traffic violation matters because many times traffic tickets can follow you back to Florida.

Each state has their own laws concerning out-of-state traffic tickets and whether points go on your driving record will depend on the laws of your home state. The following article should help you better understand the unique differences between Florida and New York and how traffic violation information is communicated between the states.

Driver’s License Compact and Florida Drivers With New York Traffic Tickets

First the reason that both New York and Florida communicate traffic violation matters between each other is because both states are members of the Driver’s License Compact. This means New York and Florida freely share driver information with one another. For Florida residents that receive a NY traffic ticket, Florida will be notified about the ticket you received.

According to the Florida Department of Highway Safety and Motor Vehicles, the State of Florida can put points on your Florida driving record for the traffic offenses you commit in NY or other states. As long as the NY offense is recognized in FL, you can be given points for it. If, for example, you were issued a speeding ticket in New York for more than 15 miles per hour, that carries 4 points in Florida and therefore you will be assessed 4 points on your Florida record. Since it is the violation that transfers, not the points, Florida will essentially treat it as if you had been convicted of that same offense within the State of Florida. An even more interesting example is Failure to Obey a Traffic Device. This carries 2 points in NY but 4 points in Florida. Again, since it is the violation that transfers, the Florida resident will get 4 points even though it is only 2 points in New York.

New York Drivers The Get Traffic Violations in Florida

New York handles out-of-state traffic tickets differently than other states. If you have a New York driver’s license and receive a Florida traffic ticket, NY will rarely add points onto your NY driving record unless you are being charged with a serious violation that results in a suspension.

The New York State Department of Motor Vehicles states that NYS will not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario.

As far as fines go, no state can require you to pay a fine to the home state for an out of state violation (double fines). You will only have to pay the state in which you received the ticket. So if you are a FL resident who received a ticket in New York, the New York court will assess the fine and that fine will be paid to the NY court which assessed it.

Author Bio

Adam H. Rosenblum of The Rosenblum Law Firm is a speeding ticket lawyer licensed to practice in both New York and New Jersey. Visit his website at newyorkspeedingfines.com.

Red Light Cameras Suspended In Tampa?

1 800 FIGHT IT — Tue, 05 Mar 2013 19:14:45 +0000

Have you ever received a traffic ticket in the mail for running a red light but don’t remember being pulled over? Well, you are not alone. Red light cameras placed at major intersections are gaining popularity all over the nation. They allow police to catch law breakers in the act without ever having to be there. And Tampa is no exception. The $158 ticket can be hard to dispute sometimes when photographic evidence of your crime is mailed to you alongside your ticket.

The Tampa Bay Times reports that the city is being asked to temporarily suspend red light cameras until the legislature makes to fixes to what they call a bureaucratic nightmare. Whether Florida cities such as Tampa and St. Petersburg, will actually pause this operation is still to be decided but the discussion around the camera’s issues is getting a fair amount of publicity. The Times quotes Pinellas County Clerk of the Circuit Court Ken Burke on the issue, “The red light cameras have created a massive traffic jam of bureaucracy, a resentful driving public and a growing chorus of pleas to Tallahassee to address the unintended consequences.”

One such consequence has to do with the issue of car ownership. Whether it is a tourist driving a rental car of a friend driving a friend’s car, the camera tickets are sent and addressed to the car owner, rather than the driver in many instances. Once this happens, the time to pay the original fee has elapsed and the car owner and the actual driver of the car at the time the ticket was issued now have to deal with an increased fine of $264. Burke notes that this lack of uniformity or safeguards could potentially drive away tourism and is giving Florida cities a bad name.

The primary purpose behind issuing traffic tickets is to keep the roads safe. Obviously running a red light creates a high potential for car accidents and hopefully receiving a ticket and paying a fine will make this a one-time offense for many. Traffic tickets are also an excellent source of revenue, but that goal should be secondary to safety. In the case of the red light cameras, the tremendous revenue the city of Tampa and state of Florida was receiving from this type of automatic ticketing seemed to take priority.

But just because the red light camera tickets may be placed one pause does not mean that police are not on the lookout for any type of illegal activity. When you receive a traffic ticket, you are getting much more than an annoying fine. Paying a traffic ticket also means that you are pleading guilty to the crime alleged on the ticket and then points are placed on your driving record. In Florida, a red light ticket places four points on your driving record. If you receive a second red light ticket within a one-year period, you will be required to complete a four hour traffic school course.

There are ways to defeat a red light ticket and prevent points from being assessed on your Florida driving record. At Finebloom & Haenel P.A. we will fight your tickets and work hard to get you the best results possible. If you have recently received a Florida traffic ticket of any kind, give us a call before you pay your ticket. We look forward to hearing from you.

I would like to recognize John Yannone for their help with this post.

Why Traffic School Is An Option You Should Always Take

1 800 FIGHT IT — Thu, 10 Jan 2013 16:07:38 +0000

Given the option between increased insurance premiums and a potential license suspension and a half-day or full-day course, the choice seems obvious. But many Sarasota drivers do not realize just how great traffic school can be. Like golf, your driving record should be a low scoring game. And traffic school can help you keep it that way. Points are tacked onto your Sarasota driving record for various reasons (and in various amounts): non-moving violations, speeding, reckless driving, drunk driving, etc. As you accumulate more points on your driving record, you will also see your car insurance bill go up. And if you get to a certain number of points in a given time period, then the state of Florida will actually suspend your driver’s license.

You are presented with three basic options after receiving a traffic ticket in Sarasota:

Fight the ticket
Pay the ticket
Enroll in a traffic school course

One thing to note: paying the ticket also means admitting guilt and allowing the points to start going up on your driving record. This is an important detail that many Sarasota drivers do not realize and why we always recommend drivers to give us a call before you pay the ticket.

For those of you that have traffic school available to you (meaning you received a non-criminal moving violation), you can find a list of approved courses on the Florida DMV website. A typical traffic school course can actually be a good refresher— for many of you reading this, the last time you reviewed important driving rules may have been when you first studied for your learners permit! Not surprisingly, studies report a decrease in traffic offenses by drivers that successfully complete a traffic school course as compared to those that had the same or similar defense and did not attend any sort of traffic education course. Sarasota traffic school pricing is contingent on the exact course you choose and as well as the nature of the course.

If you fit the criteria for traffic school but were not offered it as an option, you may fall into one of three exclusions for otherwise eligible drivers. Sarasota drivers cannot attend traffic school if he or she has already attended a course within the last twelve months. Additionally, a driver can only elect to take a traffic school course five times…ever! And finally, traffic school is not available to commercial drivers. This restriction even extends to commercial drivers not operating a commercial vehicle at the time the ticket was issued.

One option you should always consider when dealing with traffic tickets is getting in touch with the law firm of Finebloom & Haenel P.A. We will go over all the options you have after receiving a traffic citation in Sarasota and will work hard to ensure that you get the best results possible. We are available day and night for a free consultation and look forward to hearing from you!

What Happens In Florida Traffic Court?

1 800 FIGHT IT — Thu, 10 Jan 2013 16:03:33 +0000

So you received a traffic ticket and are now being summoned to attend Florida traffic court. Now what? Different than other courts you may have been to before, Florida traffic court only hears issues dealing with traffic tickets. Another major difference you will notice is the lack of a prosecutor in your case. Rather, the officer that issued your Florida traffic citation will serve as the prosecutor in your case. The officer will simply argue that he issued the ticket because you were breaking the law in some capacity and you will then be presented with the opportunity to defend yourself. Ok, now that you have a general idea…here’s a more specific breakdown of what happens in Florida traffic court:

Case Called: The clerk of the court will call your case and that signals your time to be heard. Before this time you will likely be sitting in a room with many others waiting to be called.
Last Minute Motions: Before sides are told, the judge in your case will give you a chance to make some last-minute motions. This will include: request for a continuance, request for a dismissal and request for evidence. It may be that your case will be dismissed before it even starts. For instance, if the officer in your case does not show up to court that day then you can request a dismissal for lack of prosecution.
Opening Statements: Before presenting any testimony you (or your attorney) and the prosecution in the case will present the court with an opening statement. The opening statement is simply a time to tell the court what you are going to prove (or dis-prove) in the case.
Prosecution: The police officer in your case will tell the court the nature of your ticket and why he or she was justified in issuing it. When the officer is finished, you will have a chance to cross-examine him or her.
Defense: Your turn! You or your attorney will have a chance to present your side of the story to the judge in your case. It is often helpful to use diagrams and photos when possible. You will also have a chance to present any witness testimony you may have. For instance, if you are charged with running a red light, you may use photographs of the intersection.
Closing Statements: Similar to the opening statement, the closing statement is a quick refresher of your case. Each side will have the chance to present their closing statement before the judge comes to a decision. In many instances, the judge will give his or her verdict immediately following the closing statements.

You can find a list of Florida traffic court locations here. At Finebloom & Haenel, we know how frustrating a traffic ticket can be—not only are the fines unreasonably high but points on your record mean an increase in your insurance premiums. We will work hard to get you the best result possible. Give us a call today for a free consultation. We are available day and night and look forward to hearing from you soon!

Vehicle Registration Issues in Tampa

1 800 FIGHT IT — Fri, 14 Dec 2012 20:21:23 +0000

In Tampa, the police are always looking for something to catch you on. Some items are more obvious (driving under the influence, speeding) while others are more subtle. Issues dealing with your Tampa vehicle registration certainly fall into that second category. Unfortunately, they can still carry some serious fines and penalties. Vehicle registration is managed by the Florida Department of Motor Vehicles and serves as an important revenue resource for the state. And if you want to drive your car in Tampa then you need to register your car every year.

Three of the more common vehicle registration issues Tampa drivers experience are all avoidable. In many scenarios, you may not be aware of the violation until you receive a ticket. Here’s a glance at the Tampa vehicle registration issues and how you can avoid them:

No Valid Registration: Failure to have proper vehicle registration is considered a criminal offense punishable with up to sixty days in jail. If you do not have the funds to register your car, then you should save for them before you start driving. Same goes for insurance. The fines associated with driving around Tampa without registration or insurance are much higher than if you just pay them in the beginning!
Expired Vehicle Registration: Similar to no registration, an expired registration signals to the Florida DMV that you are not fulfilling your end of the bargain when it comes to driving privileges in Tampa. Tampa attaches different fines and penalties depending on how long you have been driving with an expired registration. Because this offense carries fines and jail time, it is important that when you get the notice to renew in the mail, you do not ignore it! Pay the renewal fee right away and save yourself the headache. If it is helpful—put a reminder in your phone to start saving a couple months before the renewal comes due!
Attaching An Unassigned Registration Tag: A common violation in Tampa, if you attach a false validation sticker or one that was not specifically assigned to you or lawfully transferred, then you will be charged with a second degree misdemeanor. Simply put, make sure that you pay for your registration tag, and avoid the jail time and fines that come with it. The cost to register your vehicle is much less than the $500 fine attached to this criminal charge!

One detail to add: all three of the Tampa vehicle registration issues discussed above are considered criminal violations—something you never want on your record. Make your vehicle registration a priority and you will never have to deal with these annoying (and costly) violations for as long as you drive. The attorneys at Finebloom & Haenel have the experience you need to fight a Tampa vehicle registration ticket. We are familiar with the charges and the defenses that may be available to you. Give us a call today for a free consultation. We look forward to hearing from you soon!

How Police Catch You Speeding In Florida

1 800 FIGHT IT — Fri, 14 Dec 2012 20:15:21 +0000

Slow down! Did you know that Florida police have at least four different ways they can catch you speeding? Well it’s true and they are always on the lookout for any driver going over the posted limit. In fact, it was recently reported that the state of Florida hands out more speeding tickets than any other state. With that in mind, we thought it would be a good idea to take a look at the various types of speed measurement devices in Florida.

Radar: Certainly the most common speed measurement device in Florida, one of the reasons radars are so popular is because they can measure both moving and stationary modes.
Laser: Lasers are gaining popularity with state and local law enforcement because of their accuracy. One major difference between a laser and radar has to do with versatility- a laser can only be used in stationary mode.
Pace: riding behind or alongside you while you drive, a police officer will pace off you until he or she has a reasonable idea of how fast you may be driving. This type of measurement is extremely popular with undercover cops for obvious reasons.
Aircraft/Helicopter Clock: You may have seen a sign on the highway before informing you that your speed is being checked by aircraft. If not, now you know that it is an option. Florida Highway Patrol pilots spend most of their days patrolling the roadways for speeding vehicles. In order to get an accurate read on your speed, the pilot will use certified stopwatches to clock how quickly you get between two designated points. When the pilot determines you may be speeding, he or she will phone an officer on the ground to issue you a citation.

Whichever method you get pulled over with, when fighting the speeding ticket the citing officer has to show up to court and prove the accuracy of the method he or she used. For instance, in the case of a radar an officer would have to prove to the court that he is not only certified to use a radar device but also that the radar was properly calibrated the day of the incident and inspected in the last six months. In the case of an aircraft ticket, the pilot and the citing officer both need to be present to testify to each of their various methods.

One detail potentially working in your favor is a fairly recent requirement that police must not only put the measurement device he or she used to catch you speeding but also the serial number on the face of your ticket. If either of these items is missing, we are quick to find it and make a motion to dismiss.

If you have recently been cited with a Florida speeding ticket, get in touch with the law firm of Finebloom & Haenel P.A. before you pay your ticket! We know all the defenses applicable to each of the specific types of speed measurement devices and will work hard to get you the best results possible. Give us a call today for a free consultation.

Suspended Licenses in Tampa

1 800 FIGHT IT — Wed, 28 Nov 2012 16:11:48 +0000

The basic rationale behind suspending a drivers’ license in Tampa is simple—promote safe driving and punish those drivers that offend or ignore important traffic laws. Courts in Tampa also use a suspended license as a punishment for non-driving crimes. When it comes to license rules, Florida is considered one of the strictest states in the nation.

There are multiple ways a driver can get his or her driver’s license suspended in Tampa, including:

Point Suspension: A high point score on your driving record is one thing that you do not want to have in Tampa. Generally speaking, points are placed on your record for varying traffic offenses. The more serious the violation, the more points that are placed on your driving record. In many instances, a driver will have the option to take traffic school in lieu of points. When given this option, do yourself a favor and ALWAYS take it. When a driver reaches a certain number of points within a 12, 18 or 36 month period, he or she will have their license suspended for up to one year.

D-6: Failing to take action on a court citation or failing to comply with a court directive are the common reasons why a driver would have a D-6 license suspension. The purpose behind this type of suspension is to punish the driver for his inaction regarding the court citation or directive and encourage compliance. In many instances, the individual may know very little about his or her failure to comply or the suspension until he or she receives notice in the mail!

Habitual traffic offender: A habitual traffic offender is a driver that has received multiple traffic tickets and/or moving violations in Tampa. As of June 2007, there were 145,732 drivers in the state of Florida that were classified as habitual traffic offenders. There are multiple ways to receive a habitual traffic offender label in Tampa, including: receiving three major violations in a five year period and receiving fifteen convictions (with accompanying points) within a five year period.

There are also other activities that result in a license suspension that may have very little to do with an individual as a driver and more to do with the criminality of the behavior. For instance, writing a worthless check, drug-related possession charges, insurance fraud, possession of tobacco by a minor, driving off without paying for gas, petit theft, making a false affidavit for a drivers license are all offenses that can result in a suspended license.

The attorneys at Finenbloom & Haenel P.A. deal with license suspension issues every day. Whether you knew your license was suspended or had no idea, we are happy to inform you of the charges and the legal options available to you. In many instances, we can work with the court to defend the charges against you, lessen the punishment or help you get a conditional license. Give us a call today for a free consultation to discuss the facts of your case.

Driving With an Expired License in Sarasota

1 800 FIGHT IT — Tue, 20 Nov 2012 21:20:30 +0000

How does a $500 fine, 6 months probation, and up to 60 days in county jail sound to you? Well it doesn’t sound that appealing to us either but those are the potential punishments attached to driving with an expired license in Sarasota. The punishments seem harsh because the state of Florida considers this to be a criminal offense.

A common traffic offense in Sarasota, the criminal punishments kick in after four months of driving with an expired license. In Sarasota, drivers should receive notification in the mail 45 days before their license is set to expire. The expiration date is also written on your driver’s license so not knowing that you have an expired license is not an excuse the police officer will necessarily accept from you.

A $48 fee for a class E driver’s license, drivers can renew their license online or by mail. There is an additional $15 fee for renewing a delinquent license in Sarasota. In addition to the fines and other punishments mentioned at the beginning of this post, if a driver has an expired license for over one year then a trip to your local DMV is your only renewal option. Additionally, drivers will have to take a vision test and potentially re-take their driving test in order to have their license reinstated. Not passing the various tests administered at the DMV means that you will have to keep taking them until you do pass.

Here are some other helpful tips related to renewing your Florida driver’s license that you should be aware of:

Address Change: In the state of Florida, drivers are required to update your home address on your driver’s license within ten days of moving. You can update your address online or by mail. Failure to comply with this requirement does not carry the same penalties as a delinquent license but is nevertheless the law.
Replacement Licenses: Replacing a lost or stolen license requires a trip to the local driver license office and a check for $25. One detail many people may not be aware of when replacing a stolen Sarasota license is that if you bring a copy of the police report with you, the fee will be waived.
Commercial Drivers: If you are a commercial driver in Sarasota, then the online and mail license renewal options are not available to you. Commercial drivers must apply for a renewal in person.
Non US Citizens: Similar to commercial drivers, if you are a non US citizen living in Sarasota then license renewals need to take place in-person at the local driver license office. You will also be required to bring proof of your legal presence with you at this time and pay the required renewal fee.

If you have recently been charged with driving with an expired license in Sarasota, get in touch with the attorneys at Finebloom & Haenel P.A. today for a free consultation. We are happy to chat with you about your legal options going forward. We look forward to hearing from you. http://www.fightyourticket.com

Move Over Or Else: A Look At Florida’s Move Over Law

1 800 FIGHT IT — Fri, 09 Nov 2012 15:33:39 +0000

Move over, it’s the law! If you can remember that simple phrase when driving in Florida, then you will avoid the three point penalty attached to violating this state statute. The purpose behind the Move Over Law in Florida is

Sounds simple enough, right? Well to show motorist just how seriously the state takes compliance with the Move Over Law, the state attaches a three point penalty to breaking the law in addition to fines. The law was passed in 2002, and since then law enforcement officers and other agencies have worked hard to spread awareness on how to handle these emergency vehicle situations. Unfortunately whether you know about the law or simply choose not to follow it, the stiff penalties attached to breaking it are the same. simple—to help emergency vehicles get to the site of an accident quicker and safer. This goal is accomplished by requiring all motorists approaching an emergency vehicle with flashing lights to slow down and/or change lanes away from the vehicle.

Here are some frequently asked questions on how to handle move over situations…

What if I am traveling on a two lane road? As soon as you see the flashing lights, reduce your speed to 20 mph less that the posted speed limit when the speed limit is above 25 mph. If the speed limit is less than 20, then you should be going no faster than 5 mph. Doing so will slow the flow of traffic and give the emergency vehicles a chance to get around you and get to the scene faster without getting into an accident on the way.
What if I cannot get over to another lane for some reason? This is all too common when an emergency vehicle is trying to navigate during rush hour traffic. When this happens, you should do exactly what you would do on a two lane road—reduce your speed accordingly.
Should I stop? No! If you cannot move to another lane safely, then you need to slow down. Although stopping makes sense on certain levels, in these scenarios, it will actually serve to block traffic and slow the responders further. Stopping will be seen as violating the Move Over Law.
What If I Didn’t Know About The Law? Well, now you do. Ignorance of the law is not a viable excuse, and telling the officer you did not know what to do will not go over so well.

It should come as no surprise how seriously Florida law enforcement takes violations of the Move Over Law. In addition to putting yourself in danger, public safety professionals are also at risk in these scenarios. The Move Over Law applies to all enforcement, public safety and emergency vehicles. Like every moving violation, there are possible defenses depending on the facts of your case. If you recently received a ticket for violating the Move Over Law, give the law firm of Finenbloom & Haenel P.A. a call to discuss your options today.

What to Expect In Florida Traffic School

1 800 FIGHT IT — Fri, 02 Nov 2012 14:55:46 +0000

Boring and necessary. Those two words basically sum up traffic school in Florida. Let’s bypass a discussion of the boring aspect of traffic school and delve into why it is necessary. To begin, traffic school in Florida is only available for civil infractions. Civil infractions include: speeding tickets, careless driving tickets, a citation for failure to change lanes and other moving violations that typically do not require you to make a court appearance.

Assuming you are eligible, the benefit of taking a traffic school class to avoid points on your driving record should be a no brainer. Many courses are available online and you can get a list of approved courses from the

Need some convincing on why points are a very bad thing to have on your driving record? Here you go!

Your insurance rates will go up. Simply put, points do not make you a winner in the driving game.
You may lose your safe driver status
The state can also suspend your license if you accumulate a certain amount of points within a time period. For instance, a basic moving violation is 3 points in Florida. If you accumulate 12 points in 12 months then your license will be suspended for 30 days. The length of suspension just goes up the more points you have. And points can really rack up fast if you are guilty of a criminal traffic violation like reckless driving.

In addition to the basic safe driving ciriculum a traffic school course will go over, one additional item to take away from the course is to not do it again! At least not within the same twelve month period. Otherwise eligible drivers for traffic school are limited to choosing this option if they have not already done within the last twelve months. Additionally, you can only elect to take a traffic school course (when you are otherwise eligible) five times in your lifetime.

Unfortunately, some drivers no longer have the luxury of removing points on their license by attending traffic school. If you have a Class A, B or C license in your back pocket then you are considered a commercial driver by the Department of Highway Safety and Motor Vehicles and not eligible to attend class. It does seem somewhat counterintuitive that the drivers that need to drive in order to get their paycheck are the same people that are not eligible to elect traffic school to take points off their record for moving violations. For those of your reading this that fall into the commercial driver category, there are still others ways to keep your record clean.

Keeping points off your driving record is important if you want to keep driving. Get in touch with the attorneys at Finebloom & Haenel P.A. to learn more about how to correct moving violations and keep your driving record as clean as possible today.