Florida Accident Attorneys
Did you get into a car accident in Palm Beach, Broward, or Miami-Dade County? Usual question from a client. “I was involved in a car accident and received a citation. How can the officer issue a ticket for something that he didn’t observe?”
The important thing to know is that the officer can only PROVE his case in court through the testimony of the other drivers or through the testimony of lay witnesses who may have witnessed the accident. Regardless of what may have been said at the accident scene, once a hearing is elected then the Judge will only consider the live in-court testimony in rendering his/her decision. This is called the “accident report privilege.” What that means is that anything said at the scene of the accident is immaterial. It’s only what happens in the courtroom that matters, and if there are no witnesses against you at trial, your case will be dismissed. In fact, if all the witnesses appear but the officer doesn’t, then your case will be dismissed at trial as well.
The second most common accident question is “I was involved in an accident and although a deputy arrived on the scene first, a long period of time passed until the Florida Highway Patrol trooper who issued the ticket appeared on the scene. Why did it happen that way?” The Florida Highway Patrol is just that, a highway patrol agency whose sole purpose is to enforce the traffic laws in the State of Florida and to investigate traffic crashed in the unincorporated areas of the State. So when there is an accident in many areas of the State, a deputy sheriff will arrive on the scene first and call for a trooper to investigate the crash. The Trooper will issue any citations for any violations that they believe was committed.
So whether you think the ticket is your fault or not, call us to fight your Miami-Dade, Broward, or Palm Beach accident ticket or you will automatically get points on your license. Call us at (866) 433-3363 for your fast, free, and no obligation phone consultation.
Frequently Asked Questions
It depends on if there were injuries or not and how serious. But in general, you can pay the traffic ticket and get 3-5 points on your driver’s license. You can go to traffic school and sit in class all day and pay the full price of the traffic ticket. Best option, call a traffic ticket lawyer, like Jason Diamond, Esq. to fight back for you and get no points and no driving school guaranteed or your money back.
You just pick up the telephone and call us and we will discuss your traffic ticket. No strings attached. We will tell you if we think we can help you and let you know what your options are.
Not necessarily. Most of the time it is a guess by the responding officer as to what happened. He needs to give someone a ticket so he picks the one he thinks is at fault. But remember, in court you are presumed innocent and the cop has to prove you were at fault.
Generally, no. However, due to the mobility of cars, time does not permit a search warrant to be obtained. As a result, vigilant police are motivated to search suspicious automobiles. However, the police officer must have probable cause to believe that contraband is concealed somewhere. In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have a reasonable suspicion to search. It is unreasonable to make a search of an automobile when the arrest is for a minor traffic violation (like speeding), as a subterfuge for a search for evidence of a serious crime. Yet, the many automobile exceptions are based on the lower expectation to the right of privacy in a car versus a home and the fact that cars are mobile and evidence can be more readily disposed.
There is something called the Driver’s License Compact which is an agreement between states to share driving record information with one another. So, getting a ticket in Texas will more than likely show up in New York and vice versa. However, although that is the case, there is always the slight possibility that it won’t. There are currently 5 states which do not share information with the rest of the country. They are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. So, if you get a ticket in one of these states, chances are your home state will not find out about it.
This is a very popular misconception. Although the ‘right’ mistakes on a ticket do have the power to have it dismissed, most mistakes don’t. Things like misspelled names, a slight variation of color written down for your vehicle, and similar mistakes will not have a bearing on the case. The right mistakes are what the court calls ‘fatal flaws’ on a ticket.
If it’s for a moving violation such as speeding, ignoring it may result in a suspended license and/or a bench warrant being issued for your arrest. This is true even if you got the ticket outside of your home state.
Regardless of whether or not you are guilty of exceeding the speed limit by a few miles, it isn’t fair for you to have to pay $300 – $1,000 price tag! When you add the raised insurance premiums, you stand to lose a lot of money. It’s in your best financial interest to fight all traffic tickets… guilty or not!
If you get a traffic ticket, a defense attorney can appear for you at a hearing, challenge the law enforcement officer to prove the infraction beyond a reasonable doubt, and minimize the damage to your driving record by requesting that no points be assessed by the court. As your traffic ticket attorneys, we may be able to get the court to allow you to take a driving school option when you are ineligible by statute, either due to a recent driving school election or because the maximum school allowance has been surpassed. We also plea bargain with the Judge for the best result.
A suspension will be entered against your driver’s license which could affect your insurance rates and subject you to additional penalties.
A civil traffic infraction is a non-criminal charge such as a speeding violation, that can usually be disposed of by payment of a civil penalty or an election to attend a defensive driving school course. A court appearance is not required, except in cases were the violation involves an accident, excessive speed, accident with serious bodily injury or fatality to another.
A criminal traffic or misdemeanor charge requires a court appearance and carries with it criminal penalties which may include a fine and/or the possibility of a jail term. These include reckless driving, driving under the influence DUI or DWI, racing, etc. In many instances, the police will arrest you for these traffic criminal violations.