The most common violation that leads to a traffic stop is speeding.  Failing to pay the ticket or appear before a Judge or traffic Magistrate can result in a D-6 suspension of your license. This means that your license has been suspended, and if you are stopped again, you could end up in custody with a mandatory appearance before the Judge. Such situations can be avoided by simply obeying the traffic rules of the road. Most first time violations, except Driving Under the Influence (DUI), are resolved by the offender choosing to pay the fine, or requesting a final hearing before a Traffic Magistrate. Drivers who choose to pay the fine or who are found guilty of the infraction usually have the option of attending driving school to avoid points on their license. The basic Driver Improvement Course is a minimum of 4 hours. If one chooses to appear before the magistrate or Judge, the driver has the opportunity to enter a plea of No Contest and give an explanation as to why he committed the violation. When the Court accepts a no contest plea, it has the same effect as if a plea of guilty was entered; there is a finding of guilt but there is no admission of guilt. 

There are those who have received many violations in a given period of time. Not only can this prove costly, but points add up and can result in the suspension of their driving privileges; 12 points earned within 12 months results in a 30 day suspension of the license; 18 points earned within 18 months results in a 3 month suspension and 24 points earned within 36 months results in a 12 month suspension. Points for moving violations vary from 3-6 per violation, depending on the violation. Points for speeding less than 15 miles over the posted speed limit result in 3 points; 15 miles over the speed limit results in 4 points and, if speeding is a factor in a car crash, the violator will receive 6 points.  Not only will the ticket need to be paid, but there is a charge for reinstating the driving privilege.  To find out more about the fees and penalties for traffic violations, visit www.DMVFlorida.org  or www.flhsmv.gov.

When a traffic violation such as DUI causing property damage or personal injury has occurred, the offender can be charged criminally. The penalties for DUI include a fine, court ordered drug or alcohol program, probation and a license suspension for a minimum of 6 months (assuming it is the first DUI offense). If the violator has refused to submit to a breath, blood or urine test, the driving privilege is automatically suspended for 1 year for a first offense, regardless of the outcome of the DUI charge itself. Additionally, the Judge can order the Defendant to pay restitution to the victim upon proof of the resulting damage.

Traffic violations are committed every day and almost all of them could be avoided just by following the rules of the road. Following Florida’s traffic laws not only can save your life, but it can save you from spending hard earned money on court costs, fines and attorneys fees, not to mention your valuable time.

Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.