Palm Beach Florida Motion to Dismiss Traffic Citation

Category:
State:
Multi-State
County:
Palm Beach
Control #:
US-03341BG
Format:
Word; 
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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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FAQ

Once you determine which county you received the ticket from, you can call the Clerk of Court. You will need to provide them with basic information such as your name and driver's license number. After doing so, the clerk will be able to assist you with a replacement.

Responding to a Traffic Ticket in Florida Your three options include: Pay the ticket, admit guilt and accept the associated points. Go to court and fight the ticket. Pay the ticket and avoid points by pledging to take a driver improvement course.

To plead not guilty, you must make a request for a hearing to the Clerk within thirty (30) days of the date the ticket was received by completing and filing the Plea of Not Guilty form with the Clerk's Office.

You can enroll in traffic school driving classes to remove points from your driving record. Attending a certified Florida traffic school will help you reduce the number of points on your license. When you complete the program and present the certificate of completion to the court, your record could be cleared.

You have the right to submit an affidavit swearing that you were not the one driving the car when the violation occurred. Submitting the affidavit will often result in the dismissal of the ticket.

Avoiding a Traffic Ticket Otherwise, if you received a traffic ticket in Florida, you can expect the violation to be added to your record. According to the Florida DHSMV, citations stay on your record for 10 years, suspensions 7 to 11 years, alcohol-related violations for 75 years, and serious CDL violations 55 years.

The best (and only) way to completely dismiss a Florida traffic ticket is to contest it in court. Doing so isn't always easy, howeverand it can even be a little risky. By choosing to contest the ticket in court, you'll have to pay extra court and attorney fees, as well as assume the risk of being proven guilty.

(S)ection 316.650(9) provides that a traffic citation 'shall not be admissible in any trial. ' The statute contains no exceptions to this clear and unambiguous prohibition.

320.07 can show proof of having a valid registration at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund.

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Palm Beach Florida Motion to Dismiss Traffic Citation