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Traffic Ticket but Ain’t From Round Here – Out of State drivers ticketed in Florida

| Jun 21, 2019 | Traffic Ticket Defense

What if you received a traffic citation in Florida but you live in another state and cannot come back to fight the ticket in Court? There is a fundamental right to travel in the United States. However, when using the roads such as north Florida’s main arteries of I-75, US 301, US 441 a driver can be ticketed even if they ain’t from around here and are unfamiliar with the area. Some drivers call the office and feel that they may have even been targeted because they are from out of town or just visiting. We can defend the citation in court and maybe have it thrown out, dismissed or have a driver found not guilty, but we cannot change the circumstance that the driver stands accused. We defend against the accusation.

Many out of state drivers cannot return to fight a ticket in court. Some drivers from other states or CDL drivers may require an amendment to the citation to avoid suspension, they cannot just pay it and they must elect to go to court. Some states do not honor an election of traffic school to remove points. However, all states are required by virtue of the United States Constitution’s Full Faith and Credit Clause to honor and respect a Florida Court’s Order. Therefore, if the Court withholds points, then the driver’s home state should as well. Many courts in north Florida will want the driver to provide their driving history or MVR.

In Florida, there is never a requirement that the driver personally appear in civil traffic court whatsoever. Even if the citation is marked that there is an appearance required, a person can still appear via the attorney instead of personally appearing. If the ticket is for a criminal traffic offense, an appearance is required, unless excused by the judge. A criminal traffic charge can be either a felony or a misdemeanor. A judge may excuse a Defendant from appearing but is not required to excuse anybody. Some judges will refuse to excuse defendants. Like everything else in the law, there is a proper procedure that many times requires an agreement with the State of Florida but is still always one hundred percent up to the judge.

Any person accused by the government should at least speak with a law firm instead of just paying a ticket. Sometimes, just paying a ticket, because it seems like the right thing, is the absolute wrong thing for the driver.  The court clerks cannot provide legal advice but will take the money. In civil traffic tickets, no lawyer will be appointed to a driver. To hire a traffic lawyer to go to court instead of an accused driver or with the accused, please click, call or fill out the form.

(Order out of state driving history/MVR from links to all states on the Resources page of the website)