Florida Motion to Dismiss Traffic Citation

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Multi-State
Control #:
US-03341BG
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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How to fill out Motion To Dismiss Traffic Citation?

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FAQ

The only way to get your traffic ticket dismissed in Florida is by contesting the charges in court. Here, you'll be challenging the officer's allegations by presenting evidence that shows otherwise or finding loopholes in their argument, ideally with legal help from an attorney.

After the motion is filed, the parties will go to court for a order of dismissal hearing, where they'll have the opportunity to explain their case and answer any questions asked by the judge. After listening to both parties, the judge then decides to grant or deny the motion.

If you think the decision is legally incorrect, you can, within 30 days, appeal the case to the Circuit Court. Appeal procedures can be found in the Rules of Court and in the Clerk's office.

Contest the Ticket in Court Schedule a court hearing by calling or writing to your local traffic court or clerk. ... Hire a ticket attorney to increase your chances of winning in court. ... Prepare your case by gathering any evidence, witnesses, and facts that you can find surrounding the violation.

The firm has very affordable rates, usually ranging from $49 to $149, depending upon the actual circumstances of the charge against you, and this is a one-time fee.

For example, most moving and non-moving violations are removed from your complete driving record within three to five years. More serious violations are retained on your record for as long as 10 to 15 years.

Traffic tickets you'll need to fight in court if you want dismissal. Unless you got ticketed for the paperwork mixup we just explored, the only way to get your ticket dismissed is to fight it in court. You can show up for your court date by yourself and hope the officer who ticketed you doesn't show.

For example, most moving and non-moving violations are removed from your complete driving record within three to five years. More serious violations are retained on your record for as long as 10 to 15 years.

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Florida Motion to Dismiss Traffic Citation