If you live in Florida and get a ticket in another state, I'm sorry to inform you that Florida will treat that ticket as if it were received in Florida. So don't just pay it thinking the points won't transfer. (You can read more on the topic of out of state tickets)
However, recently I was asked a question that wasn't covered previously, and I thought it was so interesting, it was worth it's own post.
What happens if you get a ticket in another state for a violation Florida doesn't have? For example, talking on a cell phone.
Great question. And like so many things in the legal field, the answer is . . . it depends.
First the technical legal answer. According the Florida DMV website,
"A conviction in another state of a violation which if committed in this state, would be a violation of the traffic laws of Florida, will be entered on the driver record. You will receive points if the ticket is a point-accessible violation according to Florida Statute 322.27(3). Florida law does not allow any school or program to remove points for a ticket received in another state."
So reading that, it should be obvious that if a person with a Florida license gets a ticket for driving in New York and talking on a cell phone, (a point violation in NY) he shouldn't get points on his Florida license because according to the above, it would have to be "a violation of the traffic laws of Florida," and Florida doesn't have that law.
But that doesn't fully explain it. Here's the non-technical answer that's more realistic (along with my tip on how to avoid points on your Florida license from an out of state ticket).
The reality is, that not all states send violation notices to Florida with detail in a way that Florida can interpret what the violation was. In other words, if NY sends it to Florida and codes it as "careless driving" or "moving violation" then Florida will put points on the license (whatever the corresponding number of points are). Additionally, if New York sends it to Florida and codes it as "talking on cell phone," Florida will not put points on. But, if NY were to code a violation in a way that Florida couldn't tell what type of law was broken, they will not assign points.
This obviously applies to all other states, I'm just using New York as an example.
So here's the tip. If you get a ticket in New York, or anywhere else, try and get the judge or clerk to change the violation to either "non-moving" or something that doesn't carry points in Florida (like talking on a cell phone). You'd be surprised how little difference that makes to them and what a big difference it could make to you.
If you don't have a Florida license, but received a ticket in Florida, and want more information, CLICK HERE to download our FREE eBook on out of state tickets. It's loaded with tons of great information that can help you avoid points on your license.
Nothing can ruin your day faster than seeing flashing blue lights pull up behind you.
You go through a range of emotions starting at disbelief (Is he pulling me over?) to shock (You can't be serious?) to denial (I wasn't doing anything wrong) to dispair (This sucks) to anger (I'm fighting this with my traffic attorney) all in the time it takes you to pull to the side of the road and hand over your license.
All of those emotions are perfectly normal, but what many people are confused about is what to do when stopped by police. Because when the police pull you over, there is a certain protocol you should follow to ensure your safety and that of the officer.
Running out of your car screaming, "It wasn't me, didn't you see the other guy!" generally isn't recommended. In fact, sudden movements are generally a big no-no, especially at night when there is less visibility.
What's important to keep in mind is that the more comfortable you appear and you make the police officer feel, the more likely you may get a reduced ticket, or no ticket at all.
Here's a short list to teach you what to do when you are stopped by the police.
- Slowly and safely pull over to the side of the road.
- Stay in your vehicle unless instructed to get out.
- Don't make any sudden movements. Keep your hands in plain sight.
- If you have any weapons in the car, it's always better for the officer to hear it now, instead of discovering it after the car's been searched.
- Don't unbuckle your seat belt. If you need to unbuckle it or move to get something out of the car, ask permission. (If you unbuckle it too early, you may get a ticket for not wearing a seat belt)
- Last, and this is up to you, you may want to consider turning on your cell phone camera to record everything. I'm not sure what good it would serve, but if the officer testifies in court that you had a bad attitude, this may be used as evidence to the contrary.
Always remember to be polite and respectful. It never hurts and you just might find yourself getting lucky and not getting a ticket after all.
If you have a ticket and want to fight it with a Florida traffic attorney, we're always happy to give you a free consultation. Just call us at 800-489-4125.
When I went to law school, my goal was to become a lawyer, but I had no idea what kind of lawyer I would become. It's funny, no matter how old you are or how much schooling you complete, there isn't always a simple answer to the question of "What do you want to do when you grow up?"
Law school doesn't so much teach you how to become a certain kind of lawyer, as it generally teaches you how to think like a lawyer. The rest kind of happens after law school.
So, if you had asked me back then if I was going to become a traffic law attorney, I probably would have shrugged and said, "I have no idea."
Yet, here I am almost twenty years later and for almost my entire legal career, I am, without a doubt, a traffic law attorney. And you want to know something? I couldn't be happier.
For me, one of the things I love about being a lawyer is the ability to help people. That's probably the reason I gravitated towards the law in the first place. Being a lawyer meant helping people with their legal problems. Sounded good to me then, and it still does.
Being a traffic law attorney means I'm the guy at the cocktail party everyone wants to talk to. Who hasn't felt wronged by a speeding ticket they received and wanted to vent? Red light camera complaint? That's what I'm here for. DUI? I know how serious those are too.
Unlike so many lawyers who I speak to who wonder if they are really helping anyone (even though they are performing a service), I get the pleasure of meeting people daily who come into my office and thank me for helping them. I have a book full of "thank-you notes" and a webpage that's growing every day of people expressing their gratitude for what Unger & Kowitt has been able to do for them.
Unlike most lawyers who work with very few clients a year, I'm fortunate to be able to work with thousands of clients a year and as a result, have met so many wonderful people. For many of my clients, I am their first experience with a lawyer, and I understand how important a first impression can be. Our office has tried to make the experience as positive and non-intimidating as possible. We are anything but stuffy at Unger & Kowitt and that's just the way I like it.
Life has a strange way of working out just fine. For the first twenty years of my legal career, I've helped hundreds of thousands of people save their time and money (and hopefully convinced a few people along the way that lawyers aren't so bad), and I look forward to more of the same for the next twenty.
If you have a traffic ticket and want an opinion of what you should do with it, drop me a line at 800-489-4125 or email me at bkowitt@ungerandkowitt.com.
Here's an post that you might think belongs in the science fiction portion of my blog (I don't have a sci-fi blog, but it sounds cool). This topic is popping up more and more and I can't ignore it anymore.
Cars that drive themselves are coming soon!
Yes, you read that right. Google has put a ton of money into developing a car that drives while you sit back and watch (if you think it's possible to sit back and watch while a computer drives you around town).
Here's an article from Wired Magazine that explains why computer controlled cars are just plain safer and better than humans. In a nutshell, the car is able to process more information than a person, it can make decisions without emotions, and completely takes out the human element that is responsible for most of the car accidents that occur daily.
I'm not sure I'm ready to let a car drive me around town (although I do admit, the thought of all that productive time is peaking my interest), but two states have already written new laws to allow for testing.
Nevada and Florida have decided they might as well embrace the idea, and of course, try to make money on it. Both states are hoping that by paving the way for a "driverless car" that it will open up new jobs for it's residents.
I'm all for states doing anything to bring in jobs, and if the car works as advertised, I may need one of those jobs. I can't forsee making a living as a traffic ticket attorney in a world where a car drives itself.
What will they think of next? Computerized lawyers to represent the computer driven cars?
Until then, if you were driving your car and given a traffic ticket by an actual police officer, give me a call at 800-489-4125 and I'll give you a free consulation.
Let's see a computer do that!
One of my main goals on this blog is to educate the public on all things relating to traffic tickets. Part of that goal sometimes requires me to let you in on the "dirty little secrets" being propagated when I learn about them.
Well, I was recently reminded of something that has been going on in this industry for a while and it's time you learned the truth.
When you hire a traffic lawyer, your ultimate goal should be to have your traffic ticket dismissed. There's no shame in that. It's what you're paying for. As a traffic attorney for over 17 years, I am painfully aware that it is my client's and my firm's number one goal.
However, as much as we try, there isn't an attorney in the world who handles traffic tickets that gets them all dismissed. But if you read some of the letters sent by some traffic attorneys to their clients after their case was resolved, you would think some of these attorneys get every case dismissed.
But here's the rub: One attorney's version of a traffic ticket dismissal is another's change of plea. Confused yet? I'm not surprised.
Oh what a tangled web we weave when we first practice to deceive. (Somewhere my 9th grade english teacher is smiling)
What I have always known, but couldn't verify (until recently) is that some traffic attorneys are changing the plea of their clients in court from "not guilty" to "nolo contendere" (no contest) and receiving court costs in exchange.
In and of itself, that's no big deal, but here's the dirty little secret. Those attorneys are telling their clients they got their traffic ticket dismissed.
Liar, Liar, Pants on Fire!!! (somewhere my 6 year old is smiling)
Wow! These attorneys are lying to their clients all in an attempt to garner some goodwill or positive feedback. The troubling part is many clients don't even know they've been lied to. They inform me their prior attorney got their last speeding ticket dismissed and they only had to pay court costs of $200.00
Here it is in plain english folks. If your traffic ticket is dismissed, you do not have to pay anything to the court.
Nada, Zilch, Nothing.
It's like it never happened. There will be no record of it because it was dismissed. In a perfect world, you'd get a letter from the police officer and the clerk's office apologizing for wasting your time.
Sorry to burst your bubble, but if you pay money to the clerk's office, your traffic ticket was not dismissed. In addition to paying the money to the clerk's office, you also have a mark on your driving record (which you wouldn't have if it was dismissed). This can be troubling if you have done this multiple times as your driving record is not as clean as you think it is.
I'd love to tell you the attorney probably just made a mistake when he notified you of your result, but then I'd be lying too.
If you have a ticket and want an honest assessment of your case and possible outcome, give me a call at 800-489-4125.
There is great news in the Red Light Camera Ticket world. A Broward County judge has ruled some Red Light Camera Tickets are unconstitutional and has thrown them out.
Now, before you run out and start running every red light you see, let me explain the ruling.
For years, I've been railing against these red light camera tickets. A quick glance at our blog will show at least half a dozen posts where I detail all my arguments against these money making devices being crammed down our throats. Suffice to say, I have a host of problems with them. And based on the feedback I'm getting, I know you do to.
Well, I'm pleased to report, little by little, the tide seems to be turning.
Judge Steven DeLuca, a Broward County Judge just signed an order where he agreed with one of my many complaints. (It wasn't my motion he ruled on, but I've certainly raised these points here in the blog). Here's the ruling in a nutshell.
Prior to the ruling, if two people owned a car together, meaning two names were on the registration, and that car went through a red light camera intersection, the name that appeared first on the registration was the one that would get the ticket.
How crazy is that? Who's making these ridiculous decisions? What if three names appeared on the registration, would they resort to eenie, meenie, miney, mo?
Judge DeLuca's ruling says that by choosing the top name on the registration, it is a clear violation of the equal protection clause of the constitution which deals with treating similarly situated people differently (which in legal terms is a big "no-no").
It's become so obvious that the people in charge could care less about the constitution and only about sticking citizens with a huge fine in the hopes that they just shut up and pay. Well guess what? This ruling gives a voice to the people who refuse to just shut up and pay.
As I've been saying, we need to keep fighting back against this kind of nonsense. Only by fighting back and voicing opposition will anything be done.
This ruling does not apply to all red light camera tickets that have been issued, so please don't run into every court using this argument. At the moment, it's just this issue and only in front of Judge DeLuca.
If you have a red light camera ticket and want to fight back, I encourage you to do so. But if you want a professional opinion for free, we're happy to watch your video and discuss your case with you.
Insurance is kind of like a spare tire. It's one of those things you don't need . . . until you need it. And for those of you who've chosen to go without a spare tire (either to make room in your trunk or to save gas by making your car lighter), you just know one of your tires is going to blow the day you forget your cell phone and you're in the middle of nowhere.
Well, driving without insurance can be much worse.
You see, driving without insurance doesn't just come up when a police officer pulls you over for speeding and utters the famous words, "license, registration, and insurance." It rears it's head when you have suddenly been involved in an accident.
And in case you need a reminder, accidents occur when you least expect them. In fact, they probably occur more often when you can least afford them (Murphy's Law).
"But what's the big deal" you say? Recent statistics show that in Florida, one out of every three cars has no insurance, so it can't be that important. Can it?
"Who needs that expense?" you may have thought.
Well, the short answer is YOU. By choosing to drive without car insurance, you are risking losing your driver's license FOREVER.
Don't believe me? Consider this, if you choose to self insure (that's what the state thinks of your plan to drive without insurance), not only are you risking having your driver's license suspended, you are basically on the hook for whatever damages you cause if you are involved in an accident.
Let me restate that in case you missed it. If you choose to drive without insurance,
THE STATE WILL TAKE AWAY YOUR DRIVER'S LICENSE UNTIL YOU HAVE PAID FOR THE DAMAGES YOU CAUSED.
And in case you're feeling flush because you took the money you saved by not buying insurance and won a few hands of blackjack at the local casino, let me remind you, you must pay not only the property damage you cause, but the medical bills for all parties involved as well.
This can easily be in the hundreds of thousands of dollars I and don't think I'm exaggerating when I say the millions.
Car accidents can be horrific. Who knows, you may hit a pedestrian by accident who ran in front of your car and he may wind up on life support for months. You think you're co-pay when you go to the doctor is annoying, wait until you're on the hook for someone in intensive care.
There is one other way to get your license, but in my experience, it rarely works and certainly isn't cheap.
If you can somehow get the injured person(s) to sign a waiver telling the state that they have been compensated and are satisfied, then you can get your license back. But who are we kidding, no one's signing that until their bills have been paid.
I am telling you all this not to scare you, but to educate you. Please don't be like the client who was in my office telling me how badly he needed his license and I had to inform him that until he paid a large sum to the injured party for an accident he caused, he wouldn't get it back. He looked at me and seriously said, "but I really need it."
It was at this moment that I realized people just don't understand how driving without insurance can ruin your life. Please don't make this mistake. Shop around for the best rate you can find and bite the bullet and pay for it. It just might be the best money you've ever spent.
News Flash! The police are aware of YouTube. Shocking, I know.
One of the things I try to do here on this blog is impart some of the wisdom I've accumulated while defending hundreds of thousands of traffic tickets over the years. Much of it is legal insight, but some of it is good old fashioned common sense.
Without a doubt, being smart in how you behave and how you live goes a long way to avoiding speeding tickets. Well, here's a great example of what can happen when you forget that policy.
Police in Canada have issued multiple traffic tickets after watching a video that was posted on YouTube showing a motorcycle weaving in and out of traffic at a very high rate of speed.
Folks, if you're going to brazenly break the law, I would beg you not to record it and then post it online for the world to see. Especially when you are driving a vehicle that can easily be identified with unique markings which can be traced back to you.
I don't know if this kind of police work is going on in the US to catch traffic violators, but why even risk it? We know from various news reports, the police are using social media (Facebook and Twitter for example) to bolster their case against criminals. I'm sure we're not far away from a case being brought from evidence obtained from YouTube.
If you received a speeding ticket recently (and you didn't post it on YouTube), and want a FREE consultation, please call me at 800-489-4125. You know what, even if you did post it on YouTube, I'll still give you a FREE consultation. Just promise to bring the popcorn.
Being a traffic ticket lawyer, I have a different relationship with my clients than most attorneys. The reality is most attorneys have very few clients they charge a large amount of money.
In my case, I have a large number of clients (relatively speaking) that I charge a small amount of money.
As a result, I deal with thousands of clients a year and as those of you who deal with the public can attest, most people couldn't be any nicer or appreciative of our efforts. They generally understand the tremendous value in the service I offer for the price charged. Many of them have been clients of my firm since it's beginning back in 1995 and we joke that I'm like the dentist, meaning they hope they don't have to see me for a long time.
No offense taken.
However, there are those people in the world, those of you who deal with the public know who I'm talking about, for whom you just cannot do anything right. Try as we do to explain to them before they hire us, that we cannot and do not guarantee a dismissal (and no traffic ticket lawyer can), if the case isn't dismissed, they are apoplectic.
I'm not sure if it's entitlement or just ignorance, but some people just do not fully understand the amount of work and effort that is put forth on their behalf.
It's funny, we should be able to weed out those clients ahead of time. They are usually the ones that walk in telling us, "this case is a no brainer" or "I can get this dismissed myself, but I'm too busy" or my personal favorite, "A monkey could get this dismissed." Whenever a client walks in telling me how "easy" the case is going to be to win or that there's "no way" you can lose this one, I should run the other way.
The reality is, the traffic ticket attorney's in my firm have handled well over 500,000 thousand tickets and the ones that appear "easy" in the beginning, never are. I don't know if it's Murphy's Law or Unger & Kowitt's law, but cases get dismissed for a variety of reasons, and there's very few "gimme's."
Sure, there are times the police officer fails to appear and the case is dismissed. But for every one of those, there are hundreds if not thousands that we get dismissed using legal technicalities that are derived from reviewing case law and identifying deficiencies in statutes.
So, you can imagine my disappointment when I notify a client that I was able to get their case dismissed (expecting a "thank you" or an appreciative response for a job well done) and I hear some variation of the following: "Well of course, I didn't do it."
It's enough to make me want to dress up in a monkey suit.
If you appreciate the work that goes into preparing a legal defense (yes, even for a traffic ticket) and would like a FREE consultation, please give me a call at 800-489-4125 and I'm happy to help.
In what is sure to be a relief to the millions of undocumented immigrants who receive traffic tickets, the government just announced a change in policy. Getting a traffic ticket will no longer be considered an acceptable excuse to deport anyone who is here illegally and does not have proper documentation.
The Department of Homeland Securities report apparantly was very critical of past deportations, as the law was intended to apply to foreigners with "serious criminal records." Obviously, minor traffic violations do not qualify as a serious criminal record.
What is believed is that by removing people from this country for minor offenses, it was creating a lack of trust between local police and neighborhoods that had a large immigrant population. Since the law was designed to remove dangerous criminals, anything that was hindering that objective had to be examined.
The fear of being deported as a result of receiving a minor traffic violation was keeping many people from fighting their tickets and actually encouraging many undocumented individuals to go underground and pay exorbitant amounts to unscrupulous people who would give fake licenses to these people. I've heard of immigrants travelling days on a bus to go to certain license bureau's in small towns who may not ask for the same documentation that they do in some larger cities.
At least now, it's all out in the open. No one should have to fear going underground because they received a speeding ticket.
Skeptics are pointing out that this is an election year tactic and that President Obama is using this to encourage votes from immigrant populations.
What do you think? Is this new law fair? Is this an election tactic? Should people be deported for a speeding ticket?
Whether you were in fear of deportation or not, if you would like to fight your traffic ticket, we're happy to help you. We have people in our offices that speak Spanish, English and Creole. Give us a call or CLICK HERE.