In Florida, a driver who commits a traffic violation may have points added to their driver’s license. In the State of Florida, traffic violations and the driving point system are managed by the Florida Department of Highway Safety and Motor Vehicles (FHSMV). The amount of driving violation points that a driver incurs depends greatly on the seriousness of the traffic violations that they have committed. When a driver accumulates too many points over a certain period of time, they may have their driver’s license suspended for an extended period. Therefore, it’s important to drive responsibly and adhere to the rules of the road in order to avoid points being added to your driver’s license.
At The Law Place, we understand that traffic laws and violations can be difficult to follow and understand. Over the years, Florida has established a long list of different traffic violations that must be obeyed, and penalties can vary widely depending on the circumstances that surround each specific violation. If you have any questions or doubts surrounding traffic violation laws in Florida or have incurred points on your driver’s license, don’t hesitate to call our law firm today. Our attorneys have 75 years of combined experience dealing with cases that involve Florida’s point system and traffic laws and know how devastating losing your license and thus right to drive can be. Not being legally allowed to drive can have a detrimental impact on both your personal and professional life. Therefore, it’s important to seek legal advice soon after points are added to your driver’s license.
With the help of an attorney at The Law Place, you may be able to lessen the penalty given for the traffic violation or remove points from your license altogether. Call us at (941) 444-4444 to schedule your free consultation with our team of lawyers today.
Traffic Violations in Florida
The amount of points that can be added to a driver’s license depends on the traffic violation they have committed. Some minor traffic violations, such as littering, can result in the driver incurring fewer points, whereas major offenses such as causing a collision due to negligent driving can result in the driver incurring more points to their license. Some of the most common traffic violations in Florida include:
- Non-moving violations – 0 points.
- Speeding less than 15 mph over the speed limit – 3 points.
- Moving violation that causes a collision – 3 points.
- Violating child restraint laws – 3 points.
- Littering while driving – 3 points.
- Improper lane change – 3 points.
- Speeding over 15 mph over the speed limit – 4 points.
- Violation of traffic sign – 4 points.
- Failing to stop at a stop sign – 4 points.
- Passing a stopped school bus – 4 points.
- Reckless driving – 4 points.
- Speeding that causes a crash – 6 points.
- Leaving the scene of an accident with property damage over $50 – 6 points.
If you’ve incurred points on your record under Florida’s point system, don’t hesitate to call The Law Place as soon as possible. We’ll examine the reasoning behind why points have been added to your license and determine whether or not this can be successfully challenged. Contact us today for a free consultation with a top traffic attorney.
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Florida’s Point System
Once a driver accumulates too many points on their driver’s license, they may face a license suspension. A driver whose license is suspended is not legally permitted to drive until the suspension is finished. The length of the license suspension depends on how many points are added to a driver’s license within a set period of time.
- 12 Points in 12 months – 30 day suspension.
- 18 Points in 18 months – 3 month suspension.
- 24 Points in 36 months – 1 year suspension.
The more points a driver accumulates over time, the longer the driving suspension period lasts. If you have had your driver’s license suspended, call our law firm today. An attorney can gather evidence that proves that the suspension given to you is unfair and fight to overturn the decision.
Florida Teen Drivers
Penalties for teen drivers are normally more severe than those for adult drivers. If a teen driver commits a traffic violation while driving with a learner’s license, then this license will be extended for a full year or until they turn 18 years old as per Florida Statute 322.161. If they receive 6 points on their license in one year, their license will be downgraded to a restricted license that can only be used for business purposes. This restricted license prevents teenage drivers from using their vehicles for any purpose other than traveling to work or school. The licensee is required to appear before the appropriate department within 10 days after being notified to have this restriction applied.
Florida law is very strict when it comes to teenagers driving under the influence. Under Florida Statute 322.2616, if a person under the age of 21 years old is found to be driving with a blood-alcohol level of 0.02%, their license will be suspended for 6 months. If the driver commits the offense a second time, their license will automatically be suspended for 12 months.
In Florida, if a teenage driver’s school attendance is below satisfactory, then their driving privileges may be denied, as per Florida Statute 322.091. Licenses will be denied to students who are unable to prove that they have attended school for over 30 consecutive days. Parents also have the right to rescind their child’s driving privilege and cancel their license at any time.
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How Long Do Points Stay on a Driver’s License?
Points accumulated by a driver in Florida will stay on their license for 3 years regardless of the type of traffic violation that they have committed. The 3 year period starts from the date the fine was paid. In the case that the driver appealed the points and was unsuccessful, the 3 year period will start once the court’s fine is paid and all other court requirements are fulfilled.
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What Should I Do If I’ve Received a Traffic Ticket?
When a driver receives a traffic ticket, they have three options: pay the fine and accept the points, contest the ticket, or partake in a driver improvement course. An attorney can help a driver determine the best course of action after receiving a traffic ticket. Options drivers can take after receiving a traffic ticket include:
Pay the Fine
If you have received a citation for a traffic violation, you may have to pay a fine and incur license points if applicable. Most fines must be paid within 30 days from the infraction date. By paying the fine, you are admitting guilt to the traffic violation, meaning you no longer have the right to challenge the traffic ticket in court, and points may be applied to your license. If the traffic violation that you’ve committed involves speeding, reckless driving, or running a red light, then you will have to complete a driver improvement course in addition to paying the fine and having points added to your license.
Having points on your record can increase the cost of your insurance premiums. Therefore, it’s important to challenge traffic tickets if you believe that the reason for being given the ticket is unjust or unreasonable.
Contest Traffic Ticket
Florida drivers who have been penalized for a traffic offense have the right to contest the ticket. If you’re looking to contest the violation, you will have to contact the Clerk of Court of the county in which the incident occurred. Those hoping to contest traffic tickets have 30 days from receiving the ticket to request a hearing.
Once you’ve submitted a not guilty plea, you must attend a pre-trial hearing. During the pre-trial hearing, you will have the opportunity to explain the details of your case to a hearing officer. In the case that the case can’t be settled in the pre-trial hearing, then a trial date will be set. An attorney can help with the legal process and help strengthen your case in order to successfully dispute your citation.
Complete a Driver Improvement Course
Drivers who want to reduce their fine and have points withheld from their driving record may have the option to complete a driver improvement course. Drivers only have 30 days from receiving the citation to complete a driver improvement course. You will not be eligible to complete this course after the 30 day period has passed.
You may be required to complete a specific traffic school course depending on your violation:
- Basic driver improvement course – You may have to complete a driver improvement class for traffic violations, including reckless driving, passing a stopped school bus, and causing a motor vehicle collision due to negligence. Also, if you have been issued a speeding ticket, you may be required to take a driver improvement course.
- 3-in-3 driver change course – If you’ve been convicted of 3 traffic violations within the space of 36 months that caused a collision, you will be required to complete a 3-in-3 driver change course.
- Advanced driver improvement – Drivers who have had their license suspended may be required to complete an advanced driver improvement course.
Under Florida Statute 322.0261, failing to complete a course may result in the driver having their driving privilege suspended.
How Can I Contest a Traffic Ticket?
First of all, it’s important to know what traffic tickets can be dismissed in the State of Florida. Traffic tickets that are criminal traffic violations and parking tickets cannot be contested. Those hoping to fight their traffic ticket in court should note that if you are unsuccessful, you lose your right to complete a driver improvement course in order to have the points on your driving record dismissed.
Once you’ve notified the court, it’s highly recommended that you hire a lawyer to help represent you and your claim. Your attorney can help you gather sufficient evidence that proves that you shouldn’t incur the points or pay the fine. Your lawyer will help you prepare your testimony and ensure that your claim is as strong as possible.
Florida DUI Laws
Under Florida Statute 316.193, driving under the influence involves a driver driving their vehicle with a blood alcohol level of 0.08%. Driving under the influence is incredibly dangerous as it impairs the driver and can inhibit their ability to drive correctly. Effects that driving under the influence can have on a driver include:
- Slowed reaction times.
- Bad judgment.
- Impaired vision and hearing.
- Reduced concentration.
- Difficulty maneuvering the vehicle properly.
In the State of Florida, a driver convicted of a DUI faces harsh penalties. If a driver is convicted of driving under the influence, license points are not added to the driver’s license. Instead, the driver is issued with an automatic license suspension as well as a fine. Penalties for DUI offenses include:
- First DUI conviction – Minimum 180 days license suspension and $500-$1,000 fine.
- Second DUI conviction – Minimum 5 year license suspension and $1,000-$2,000 fine.
- Third DUI conviction – Minimum 10 year license suspension and $1,000-$5,000. The driver may also be sentenced to a maximum 12 months prison time.
Can Incurring License Points Affect Insurance Rates?
Drivers who have incurred points on their driver’s license may see their car insurance rates increase. Car insurance companies may increase your insurance rate after points have been added to your driver’s license as you are considered more likely to be involved in an accident.
Drivers with points on their license may see their insurance costs increase by over 50%. In other words, if you paid $300 per month before points were added to your license, this monthly cost could increase to $450. Therefore, it’s important to avoid points and eliminate them from your driver’s license as soon as possible. Receiving a speeding ticket may increase your insurance premium by up to 15%.
If you have been involved in an auto accident and are seeking compensation from your insurance company, the points you have incurred in the past may be detrimental to your personal injury case. Under Florida Statute 627.7407, the State of Florida is a no-fault state. This means that a claimant must file a claim with their own insurance company when seeking compensation. Once your insurance provider becomes aware of the points a claimant has accumulated over time, they can use this as evidence of the driver’s history of reckless driving. By doing this, car insurance companies can deny insurance claims to their own clients.
Similarly, the State of Florida operates using comparative negligence laws as per Florida Statute 768.81. This means that even if a party involved in an accident is found to be mostly responsible for the collision, another party can still be held partially responsible too. In other words, a claimant filing a personal injury claim may be found to be partly responsible for the accident.
If a driver is found partially liable for their accident, their total settlement may be reduced. For example, if your auto insurance provider is able to prove that you were 20% responsible for your accident, then your final settlement may have a 20% reduction. Insurance providers often use this law to reduce the payouts that they have to pay to their clients. Points that a driver has previously accumulated can be used as evidence of their reckless driving, which may make it easier for an insurance provider to hold them partially responsible.
Can I Get Points Removed From My Driver’s License?
A driver who has received a citation may have the opportunity to complete a driver improvement course in order to have their points removed from their driving record and reduce their fine. Basic driver improvement courses usually last 4 hours and must be approved by the Florida Department of Highway Safety and Motor Vehicles.
In the State of Florida, drivers that hold a commercial driver’s license or have committed a criminal driving violation do not have the right to complete a state-approved driver improvement course. Also, drivers who have committed more than one driving violation in a 12 month period or have committed more than 5 traffic violations in 10 years are not eligible to complete a driver improvement course.
Will My Driver’s License Be Affected by Out-of-State Tickets?
Like most states in the U.S., Florida law requires traffic violations from in and outside of the state to be added to a driving record. For example, if your vehicle is registered in Florida and you have committed a traffic violation in South Carolina, the ticket will still make it to your driver’s license.
Just like Florida traffic convictions, out-of-state convictions may still cause insurance premiums of the convicted to increase, and points remain on a driving record for 3 years.
Contact The Law Place Today
Not adhering to the rules of the road can lead to a driver incurring hefty fines, having insurance premiums increased, and points being added to their license. Like most U.S. states, Florida uses a point system to determine the seriousness of each specific traffic violation. Once a driver accumulates a certain amount of points over a period of time, they may face a license suspension.
At The Law Place, our traffic attorneys have ample experience dealing with overturning traffic violations so that our clients are not burdened by such costly fines and risk having their Florida license suspended. Most of our attorneys have a maximum AVVO rating of 10.0 and ample experience navigating the Florida law system, so we know what we’re doing when it comes to repealing traffic convictions.
Our phones lines are always open, so you can contact our law firm whenever you want. Call us at (941) 444-4444 to speak to one of our experienced lawyers and organize your free case evaluation today with no strings attached.
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