Out of State Drivers
Whether in Florida for vacation or on business, receiving a traffic citation in a state other than where you are licensed, can be confusing and troublesome.
1) Will I have to travel back to Florida to fight my citation?
No. Whether your citation is for speeding or as a result of an accident, we will be able to fight your citation in court without you having to travel back to Florida. Understand that if you want a formal non-jury trial in your case and you would like to present testimony to the Judge, then you would be required to appear in Court. However, in a majority of situations we will attend court on your behalf.
2) The officer said I have a mandatory court date. Does that mean I will have to come back to Florida.?
If you choose to hire an attorney to represent you on the citation then you will not have to travel back to Florida. We will be able to go to court as your representative and fight the citation on your behalf. If you do not hire an attorney, you will be required to return to Florida for your court date. Failing to appear at your court date could result in your license being suspended. This is referred to as a D-6 suspension. If your license is suspended for failing to appear at a Florida court date, call our office immediately at 1-800-FIGHT-IT. We will file paperwork with the appropriate county and ask the Judge to set aside your suspension. We will then send you a clearance form that you can take to your local DMV office and reinstate your suspended license. REMEMBER, DO NOT DRIVE WHILE YOUR LICENSE IS SUSPENDED OR YOU WILL BE ARRESTED.
3) How will you have the information you need to fight my citation?
We will be able to get most of the necessary information over the phone. If you are still in town and would like to meet with one of our experienced attorneys, just give us a call and we will schedule an appointment at a time convenient for you. However, if you are already home or on your way home, all we will need is your contact information, driver’s license number, and a copy of your citation. In addition, we can discuss the facts of the case so when we go to court we will be able to tell your side of the story. With this information we are able to review the citation and look for any possible defenses. In addition, you will receive a copy of all the paperwork we file in court along with a receipt for your payment, and a fee agreement which puts in writing everything we discuss over the phone.
4) Will I have to do anything else?
Depending on the county, the only other information we may need is a certified copy of your out of state driving record for the past five years.Certain Judges or Hearing Officers require a copy of your driving record before they are willing to hear your case. When you call to discuss your citation we will be able to tell you if we will need a copy of your driving record. You will be able to get a certified copy at your local Department of Motor Vehicles.
5) Will points transfer to my home state?
Yes, Florida is a member of the driver interstate compact and oftentimes a moving violation committed in Florida will cause points to transfer to your home state’s license. In many instances we may be able to keep the points from transferring.
6) How much time do I have to hire you on my citation?
In the state of Florida you are required to elect a hearing or pay the citation within 30 days of receiving it. It is very important you contact us within 30 days so we can file the appropriate paperwork in court regarding your citation. If you do not do so, the State of Florida will suspend your driver’s license and send notice to your home state. Even if your citation is older than 30 days contact us immediately, normally we are able to overturn your license suspension and still fight your citation in court.
7) Once I hire you how will I be informed on the progress of my citation?
You will be able to keep track of your citation in two ways: First, you will be able to go to our website, click on “Track Your Case” and pull up the information on your citation. Second, we will send you a letter regarding when your case goes to court and the results of that court date. Should you have any questions you are welcome to give us a call regarding your citation at 800-FIGHT-IT. Often times your citation will not go to court for 30-120 days depending on the county. During that time you will just need to hold on to the original copy of your citation and wait to hear from us.
8) If I have to pay a fine or go to traffic school how do I do that?
If a Judge or Hearing Officer finds you committed the infraction and gives you a fine you will be able to pay through mail to the Clerk of Courts in the county you received the citation. Normally, you will be given anywhere from 30-60 days to pay the fine. Should you be ordered to complete a traffic school, you can do so online. You can do a web search for Driving Schools in Florida or we have a link to a driving school on our website www.FightYourTickets.com. Should you have any questions or problems paying the citation or doing the traffic school contact our office and we will help you.
9) Will an out of state citation affect my insurance?
This will depend on your insurance company. Normally, your insurance company will increase your premiums if you receive points on your license. It is best to contact your insurance agent and ask them how the citation will affect you.
10) I have a Commercial Driver’s License (CDL) from another state, how will this citation affect me?
Due to recent changes in Florida law, a Commercial Driver is not allowed to elect traffic school to keep the points off of your citation. The only way to keep the points off is to go to court on your citation and try to get the ticket dismissed or to receive a withhold of adjudication. Our experienced attorneys have represented numerous commercial drivers and are able to get you the best possible result. Contact our office at 1-800-FIGHT-IT to discuss your options as a commercial driver.