If you are a frequent reader of this blog, you know my disdain for red light cameras. I'm not one of these anti-big brother lunatics, and I realize as technology gets better, so does the government's ability to watch it's citizens.
What I am not in favor of, is that this be done for the sole purpose of generating revenue. Cities catching people who run red lights and ignoring the constitution in the process, all in the name of $158 per person, I'm not in favor of. That's why at our traffic ticket law firm, we encourage citizens to fight back against these red light camera tickets, if it's in their best interest. You see, you beating red light cameras are possible, you just have to know a few things.
For instance, you need to know what county you received the red light camera and how that particular county deals with it's red light camera tickets. Unfortunately, they are not all the same, and as a result, things that work in one county, do not work in another.
Confused? Frustrated? Annoyed? Welcome to the club.
At any rate, there are some universal truths that can help you attempt to beat a red light camera ticket. If you were making a right turn on red when it was reasonably safe to do so and there was no sign prohibiting it, you can probably win that one.
Because the owner of the vehicle gets ticketed and not the red light runner, if you can prove that you were not driving, and provide the name and address of the person who was, you should be able to walk away from it as well.
Lastly, and this is a bit of a gamble, if you ignore the first notice you receive in the mail, you are required to get a second one sent to you within 60 days of the actual violation. Recently, over 5,000 people did not receive the second notice in the appropriate amount of time, and got out of paying all together. That's beating red light cameras the good old fashioned way, by being lazy.
Finally, an example of procrastination actually paying off.
I certainly don't endorse ignoring any ticket you recieve, but who am I to argue with 5,000 people? If you're not comfortable gambling on a computer glitch and want a traffic ticket attorney to give you an honest assessment of your case, feel free to contact me and I'll be happy to give you a free consultation.
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In our first post on "traffic court tips," we explained three things that are critically important.
- Know what type of hearing you are attending
- Know exactly what you were charged with (not as easy as it sounds)
- Get to court early and listen, listen, listen
No doubt, those three tips will get you very far. But based on the feedback we got from that post, you are ready for more. So here goes. Here's more traffic court tips you can use the next time you get a traffic ticket and decide to fight it yourself.
Prepare your motions in advance
If you took advantage of the tips from the previous post, you will know what type of hearing you are attending and you will know if you can present evidence at this hearing or if you will be allowed to make any motions. Assuming you will be allowed to make motions, do not decide as you are walking up to the judge, exactly what motion you will be arguing.
Judges hear motions all the time and want it as quickly and succinctly as you can make it. The ONLY way to do that, is to prepare your motions in advance. By not going into too much unneccesary detail and getting to your point, you stand a great chance of convincing the judge to rule in your favor. Drone on and on, I can tell you right now, you'll probably hear the word "denied" before you finish. Be quick.
Bring everything with you for trial and be ready to go
This tip is similar to the one about the motions, except when you make a motion, it's just you and the judge. One on one. There's no one to lean on or help carry the load.
However, when your trial begins, you may call a witness or use a picture to help tell your story. In this case, by all means, make sure whatever you are bringing to help you, ACTUALLY HELPS YOU.
Don't bring your mother to testify that you're an excellent driver, unless your mother actually saw or heard what happened on her own (not what you told her happened). You see, the ONLY people who are allowed to testify at trial are the witnesses who have a first hand account of what happened. If they didn't see it, the judge won't let them speak. Otherwise, they are relaying information someone told them and that's called "hearsay" which is a big NO-NO in court and will not be allowed.
Knowing this rule is very important. It's the reason many people complain that they weren't given a fair chance to tell their side of the story and their witnesses can't help them. There are exceptions to the hearsay rule, but as a guide, if you or someone else is describing what someone told you, it ain't gonna be allowed. Save your breath.
Don't lose focus
Finally, remember the big picture. If you lose one of your motions, the case isn't over and how you deal with the rejection will go a long way in how the judge sees you and feels about you. The same goes for what the officer is saying. Traffic court cases are won and lost because of many details. Don't get so hung up on one or two that they cause you to lose focus if things start to go poorly. Keep your composure and "never let 'em see you sweat."
If this sounds too complicated, you can always call a traffic ticket attorney who can give you a free consultation or handle the case without you having to waste your own time. Most trials in Florida can only be heard after attending 2 other preliminary hearings. It may not be worth your time to attend all three.
Every state in the country issues traffic tickets as both a revenue generator and as a public safety measure. Some states, like Florida, clearly see traffic tickets as a big way to pump up the public coffers, and have aggressively raised fees associated with traffic tickets. So the chances are you, or someone you know, has recently received or is about to get, a Florida traffic citation. Pay close attention, here's the 3 things you should know about Florida traffic citations.
1) If you pay a Florida traffic citation, chances are, you will get points on your license
Now, this rule doesn't apply to violations that don't carry points, but the reality is almost all moving violations do carry points. So you can't just pay a ticket. Fighting a ticket is the only way to get a Florida traffic citation dismissed.
2) If you don't have a Florida license, but got a Florida traffic citation, the points may follow you home
This is one that surprises many people, but that unwanted souvenier will become more than an unhappy momento. It can very well wind up on your traffic record in your home state, so be careful how you handle it. Don't just pay it or worse, ignore it, thinking it's no big deal. Check out my post on what to do if you get a ticket in another state.
3) You can fight your Florida traffic citation, and win
Here's a dirty little secret they don't want you to know. You stand a really good chance of beating your ticket if you fight it. And you don't have to fight your ticket with a Florida traffic attorney. Although the right traffic attorney can make a difference between winning and losing, there are resources you can use to get a case dismissed on your own. Check out my traffic ticket eBook that tells you everything you need to know when you get a traffic ticket.
Knowing these three things should certainly help you if you do happen to find yourself on the wrong side of the blue flashing lights. If you have any other questions, or want more information, feel free to shoot me an email at bkowitt@ungerandkowitt.com. We offer free consultations, and we're here to help.
There you are, having a great day, minding your own business. You've got the windows down and you're just enjoying the fresh air, when, out of nowhere, you see blue flashing lights behind your car. What the %@$&!
Nothing can ruin your day faster than getting a speeding ticket. You have a hundred thoughts rushing through your head in the time it takes the officer to walk up to your car and ask for your license and registration, and none of them are good. So much for your great day.
Fear not, I'm here to tell you, getting a speeding ticket doesn't have to be the end of the world, and as I like to tell people who come into my office with the speeding ticket they just received, "If this is the worst thing that happens to you in life, you're doing pretty well." You need to keep it in perspective.
One of the biggest reasons why getting a speeding ticket is so traumatic for people is the potential cost associated with it. In addition to the cost of the ticket, if you were to pay the ticket and get points, according to this article by insurance.com, getting points on your license can equate to an increase of almost 50% of your insurance premium. So I get it, there's reasons to be upset about getting a speeding ticket.
But what if I told you getting a speeding ticket doesn't have to mean points on your license or sitting through traffic school (otherwise known as being bored out of your life for 4 hours). Oh, do I have your attention now. Thought so.
Did you know, in Florida, you can hire an attorney to fight your speeding ticket in court on your behalf? Most traffic attorneys are so confident they will be able to keep the points from your license, they offer a money back guarantee. Just be sure you fully understand the terms of the guarantee before you sign anything. Some carry restrictions about the number of tickets on your record or type of violation you received.
In addition to feeling confident that you won't get points if you hire a traffic attorney, there is also a very good chance the ticket will be dismissed altogether and you won't have to pay anything other than the traffic attorney's fee, which should be around $100 for most violations. But make sure you hire a traffic attorney with experience and who will fight for your rights in court.
Sometimes, that means avoiding the "low cost" option and making sure that whoever you hire will exhaust all legal channels to attempt to get your ticket thrown out, and not take the easy way out because it's cheaper. This is where you get caught paying less up front, but more on the "back-end" in higher court costs if you are not careful.
Be smarter than that and ask questions, see what other people are saying (good and bad) about that attorney. In this day and age, there's no excuse for not doing a little bit of homework first.
So with a little bit of effort, you can go back to feeling like you did just prior to getting pulled over, only this time, you might want to check your speed just in case.
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I'm one of those people who has a "guy" for everything. Got a leaky faucet? I gotta guy. Computer acting up and you've tried but can't fix it? I gotta guy. Car making a strange sound and you don't want to get screwed by just taking it anywhere? No worries, I gotta guy for that too.
Somehow, as I've lived my life, I've amassed quite a list of these "guys" that I know can fix any problem I've got. We all have special skills that we've accumulated over the years and as I get older, I realize instead of wasting my time trying to fix things that I have no business fixing, I should let a "pro" handle it. I'm always happier after the fact when the job was completed better than I could have done and by someone who knew what they were doing.
My time has a value, and when I get the right "guy" on the job, I always end up having more of my time to myself to do what I love. Which brings me to today's topic,
If you get a traffic ticket, do you have a "guy"?
I should probably follow that up by asking if you don't, "why not?"
Before you answer if you have a lawyer for traffic tickets, let me ask if you even know what's required before you can get a case dismissed at trial?
Just to get to a trial in traffic court in Florida, a person must go to court 3 different times, wait hours in court for their name to be called, drive back and forth each time, and probably miss time off from work, as well. You would think, after doing all that, you should be entitled to a dismissal. Is that the case? Hardly.
Just because I go to the hardware store and ask the man in the plumbing department what I need, and buy the tools and come home and start working, it doesn't always end up the way I imagine it. Fighting a traffic ticket is no different.
Something I always wonder when I'm sitting in court, watching people try and represent themselves is if these people ever considered getting a lawyer for traffic tickets or if they think they can just "talk their way out of it." Do I make it look that easy?
Because when I watch people struggle in court, there are ususally a variety of reasons, but they're mainly because they don't have the experience, knowledge, or training I accumulated for 17 years to fully understand how traffic court works and therefore, usually don't walk out with the best possible result.
By trying to save less than $100, most people end up spending far more than that in wasted time, wasted effort and worst of all, wasted money in the form of court costs that either could have been eliminated or reduced by hiring the right "guy." There are lawyers for traffic tickets, and you may want to consider one the next time you get a ticket. Then, if someone asks you if you know a lawer for traffic tickets, you too can tell someone, "I gotta guy for that."
According to news reports, Denver Bronco running back Knowshon Moreno was recently pulled over for allegedly driving under the influence, speeding and other assorted violations. See news story here.
Now, athletes getting arrested for allegedly doing things wrong unfortunately isn't big news anymore, and in truth, if this were a normal case of an athlete getting arrested, it wouldn't be worth writing about. Ah, but this was no "normal" DUI arrest. This was a man begging to be pulled over. Here's why.
According to the news report, Moreno was travelling at a high rate of speed through a construction zone (which had a lower speed limit than normal because of the construction), but here's the great part. He was supposedly zooming along in a convertible Bently with a license plate that read
"SAUCED"
Are you kidding me? What's the matter, "IAMDRUNK" was taken? "PLEASEPULLMEOVER" didn't fit? This would be insanely funny if it weren't true.
So what can we learn from this? Plenty.
One of the first things we try and educate people on is that the best way to get out of a traffic ticket is to avoid being pulled over by the police in the first place. However you can do that, whether it's driving the speed limit, keeping your music down, not throwing things out of the car, or basically avoiding anything that would draw attention to yourself.
Even if you aren't doing anything wrong, eventually you will. It's just too easy for an officer, if he really wants to, to find you in violation of any one of the hundreds of traffic laws on the books. The key to not being arrested is to stay under the proverbial radar.
Allegedly, Knowshon was speeding, in an expensive car, with the top down, and he had a license plate that was advertising his potential state of intoxication by stating "sauced." And he wonders why he was pulled over.
Wow, and I thought Willis McGahee was his biggest problem.
The question of how much does a traffic lawyer cost is one we get asked all the time. No doubt, it's a legitimate question. And with just a few quick facts, you can get an answer from almost any attorney that handles traffic tickets.
How old is the ticket? What's it for? What county is it in? These questions basically allow for a calculation of the amount of work that's involved. But should that be the first question you have when you call a traffic attorney? Hardly, in fact, it should be the last. Here's why.
To ask a question about price, you are assuming that traffic attorneys are like Diet Coke (tastes the same no matter what pay for it). Diet Coke happens to be a commodity. You are wise to shop around for the lowest price, because regardless of what you pay for it, it is pretty much going to look, taste and quench your thirst exactly the same. The only difference when you consume Diet Coke, happens to be what you pay for it.
Traffic lawyers are not Diet Coke. They come in all shapes and sizes (literally and figuratively).
What I mean by that, is some traffic lawyers are small one man/woman operations, and are usually cheaper because they have less overhead, but must rely on outside assistance for help. When they do that, you should have a right to know. How confident can you be that the person being called on to assist the attorney is really putting forth the proper effort? How many other attorneys is this outside help working for? If it's more than one, why not just find out who, so you can call them up and shop around. Better yet, why not just hire them directly. Cut out the middle man.
More importantly, if this attorney who is helping out, is being hired by multiple traffic attorneys, what's the real incentive for them to do a good job on your case? If they screw up, it's no skin off their back, as the attorney who hired them will lose the client who will hire another traffic attorney the next time who will only go and hire that same person to handle the case. You see how this only ends up hurting the client, who, in many cases, has no idea who is actually fighting on their behalf in court? Many times, the results obtained by these attorneys is not as good because they have no incentive to "go the extra mile" and try for a better result.
Conversely, some firms are not one man/woman operations and appear to charge more. These firms have dedicated traffic lawyers, who do nothing but fight traffic tickets all day for one firm and have a vested interest in the outcome. Many of them have been with the same traffic ticket law firm for many, many years and would personally stand to lose their jobs if the results were not consistently very good over time. Who would you rather hire? For me, personally, I always prefer someone who has their own "skin in the game," as the saying goes.
It's important that you not be penny wise and pound foolish. Do not hire an attorney to save $10-$20 if doing so could be the difference between hundreds or thousands of dollars in higher court costs or higher insurance increases. It's the old "price vs. cost" argument. Sometimes you really do get what you pay for.
Don't be afraid to ask these questions before you ask how much the traffic lawyer is going to cost. Because if you don't get a good answer to the first question, the next one becomes irrelevant.
The Move Over Law in Florida has recently celebrated it's 10 year birthday, and yet, most people have either never heard of it, or do not fully understand it. And that's really the issue with the Move Over Law, people aren't violating it on purpose, they really just don't understand what it is or how it's enforced.
Here's a little primer. Whenever you see a car on the side of the road with flashing lights, slow down or get out of that lane. It's that simple.
Yes, that includes tow truck drivers. Yes, that includes ambulances. Yes, that includes fire trucks. Any "emergency vehicle" is what the law reads, but it's safe to assume a vehicle is an emergency vehicle if it has lights on top and they are flashing. And yes, it applies to ALL roads, not just highways.
The best thing to do is just change lanes to avoid any issues, but if it's only a two lane road or if it is impossible to change lanes because of traffic, you must slow down to 20 mph under the posted speed limit.
Now, for all of you reading this who don't know why this law exists, it's very simple. Emergency responders (police, ambulances, truck drivers, etc. . . ) are being injured and killed by cars zooming right past them, some of whom have drivers who aren't paying full attention to what they are doing. I don't care what your feelings are about police officers writing tickets, the fact is it is part of their job, and they shouldn't have to worry about being killed or injured while doing it.
If you don't think the law is necessary because you are such a careful driver, consider this: Since 1999, there have been 179 law enforcement officers alone who have been hit and killed by passing motorists who did not either slow down or change lanes. Please try and remember that the next time you see flashing lights on the side of the road.
If you did receive a ticket for violating the Move Over Law, we can help you.
Because as much as I think the law is a good one, like many of the laws on the books, it's the penalty and revenue component I have a problem with.
The move over law is clearly is about public safety, and clearly suffers from a lack of awareness by the public. Not only that the law exists, but what to do about it.
I feel when there is a law of such importance, do not merely hand out excessive fines to a handful of people and assume those people will spread the word about the law. The law is 10 years old and no one seems to know about it. Obviously that tactic isn't working.
How about another approach. Make those people tweet, email or announce on Facebook or any other social media platform that they were pulled over for not moving over and instead of a fine, their punishment should be that they must inform everyone they know about the law and why it exists. Why not make them watch a video about officer's who were killed because people failed to slow down or move over? Perhaps they can be forced to make a you tube video about it. Write a song, a poem, or maybe a haiku. Anything to educate people and get the word out.
If any of those were done, instead of just making people pay a fine and get points, this would be a non-issue.
Your Thoughts:
I'd love to know if you have ever heard of the Move Over Law, and if you realized it was for all cars with emergency lights and if it applied to all roads. Do you think the current punishment is fair? What would you recommend they do to increase awareness.
At first glance, the new rules recently inacted by the DOT regulating how the airlines can advertise their prices wouldn't appear to have anything in common with traffic ticket advertising. But, alas, they do. And as someone who believes in being open and honest when it comes to advertising, I only wish the Florida Bar would be more like the DOT. Let me explain. . .
If you are not aware, up until a week ago, airlines would advertise seats on flights for as little as $9 or $29 and that sounded great until you actually booked it and they tacked on so many hidden fees that it ends up being more expensive than some of the other airline prices you were looking at, but thought were too expensive at $199.00. Many times, you realized it too late that your "bargain" fare, after adding on the online booking fee, the baggage fee, the fuel surcharge, the window seat, the emergency row, the departure fee and the arrival fee was no "bargain" at all. I for one, am glad that when I see an advertised airline fee, will now know that it's pretty close to what I'm going to end up paying if I book it. At least that way, I can make a judgment based on all the other factors that are important to me and not be misled on price.
I almost felt bad for some of the airlines who refused to play that game and "dupe" prospective flyers. How much business did they lose as a result of another carrier misleading someone about the actual price? We'll never know, but those days appear to be over. It will be interesting to see what happens to some of these discount airlines' bottom line.
So how does that relate to traffic ticket attorney advertising you ask? Well, if you've ever gotten a traffic ticket, you know, very soon after, your mailbox fills up with advertisements. Being a traffic attorney who advertises, I always found it deceptive and misleading that other attorneys were advertising prices that said "from $5.00" or "fees starting at $19.00" when the actual fee for the ticket the person received was closer to $59-$99. Hold on, you say, but maybe they do only charge $5 or $19 for certain tickets, why is that wrong? Here's why.
First of all, before that advertisement gets sent in the mail, the attorney knows exactly the kind of ticket you received. It's public record. So, if you only received a speeding ticket, and the attorney charges $89.00 to defend a speeding ticket, the advertisement should say $89.00
In my book, it's wrong to advertise a price for a service you know someone doesn't need or want, solely to get them to pick up the phone and call so you can upsell them on a more expensive service you know they need.
Imagine if the airlines advertised like this "Our flights start as low as $1." When you inquire, they informed you that those flights are from one end of the airport to the other. Obviously, that's not where you need to go or the best way to travel around the airport. Or when car dealers advertise on the radio for a "toy yoda" for $10.00 and when you go to the dealer, they hand you a Star Wars action figure of yoda. Again, deceptive and unfair and let's be honest, just plain wrong.
So, when the attorney advertises $5 for traffic ticket defense, and you find out that it's only if you pay full price for one ticket ($59-$99) and happen to have a non-moving violation (seat belt, failure to carry documentation, etc. . . ) I would think you would feel a certain violation of trust occurred and you would consider going elsewhere. I can only hope.
Of course all this nonsense could be eliminated if only the DOT took over for the Florida Bar.
Before I give you the best tip you may ever get about the standardized field sobriety test, please allow me to clarify what they are (that's what you call a tease).
In a DUI case, one of the most important pieces of evidence against you is the visual proof that you were under the influence to the extent your normal faculties were impaired at the time of the incident. This is done partly through the use of roadside exercises (standardized field sobriety test) which are commonly videotaped (in some counties) for courtroom presentation and ultimately shown to the jury as proof of your "condition" at the (or close to the) time of the alleged DUI.
These standardized field sobriety tests are given either at the site of the DUI (or somewhere close to where you were stopped) or at the BAT (Breath Alcohol Testing) facility in a controlled environment. In some cases, you may be asked to perform them twice, as stated earlier.
The law enforcement officer will administer several of the following tests:
- HGN: This is commonly known as the "pen test" where the officer asks you to follow a pen as he/she waives it in front of your eyes. They are looking for a Nystagmous or lack of smooth pursuit when your eye(s) move side to side following the pen.
Walk and Turn: The law enforcement officer first demonstrates the exercise, then asks you to walk nine steps on an imaginary or real line, make a u-turn, and walk back nine steps to complete the exercise, while walking heel to toe in both directions, with your hands at your side.
One Leg Stand: The law enforcement officer will tell you to stand and balance on one leg with the other leg raised approximately six inches off the ground with your hands at your side for thirty seconds.
- Romberg Alphabet Test: You will be asked to stand in a particular position, by the law enforcement officer to recite the alphabet in a non-singing, non rhythmic/rhyming way from A to Z.
It helps if you are in shape, and are somewhat athletic because some of these exercises are not easy to perform, independent of whether you have had a drink, or two.
OK, so now that you know what the standardized field sobriety tests are, here's the tip. You are not legally obligated to perform them. If you are asked, you absolutely may refuse to take them. It's up to you if you want to refuse, but you should be aware that they are not legally mandatory.
Have any more questions about these standardized field sobriety tests? Feel free to email me at kunger@ungerandkowitt.com
