dfrbrowne

4th July is my 6th month anniversary of moving over here.

And I got my first traffic tickets last week! Can someone please advise, the story goes:


My son is at his first taste of US summer sports camp and its just 5 mins drive from my house.

Last week without thinking I left the house got into my car for the 10 minute journey there and back. I did not think to put my wallet in my pocket.

I drove out of my drive and I am in the habit of putting my belt on while I am driving, at the end of my road 50 meters away is a stop sign.
to the left is a cul de sac, to the right the drive up to the gates of the estate.

Although I slowed for the corner I did not stop and turned right to drive to the gates, at a glance there was no kids or traffic in the area.
What I did not spot was the state trooper sitting in the cul de sac, on a gated community estate?

By the time I got to the gates I could see the flashing lights in my mirror so I pulled up.

When asked for my driving licence I realised it was in my wallet, I tied to explain that I was just out to get my son but he asked what had that to do with anything. (true I suppose).
I got a citation for not stopping at stop sign. $153
I got a citation for not wearing my seat belt. $103
I got a warning for not having my driving licence
I got a warning for driving too fast. (the estate speed limit is 15mph, I guess I was doing 20.)

So having just had my licence in Florida for just over three months I was very pissed off with myself for letting this happen, how stupid to be caught out like this just leaving my own drive and estate.
And when I see some of the mad driving on the roads I feel somewhat aggrieved, and I have seen some awful and dangerous driving.

Anyway I thought just put it down to experience, pay the fine and get on with it, I am worried what it will do to my insurance premiums.


Then I start getting all sorts of mail in the post,
Some from legal firms offering to fight the ticket for $39,
Some from schools saying I can avoid getting points on my licence?

Is it worth fighting it? The only possible defence I think I could have is that I am a new driver over here and not used yet to all the laws, but is that any defence?

Would appreciate some advice, just pay it or take the legal route to fight it?

Thanks

MarylandNed

If you're not getting any points on your licence, I'd just pay the fine. If you are going to get points, it's usually worth pleading your case in court in front of a judge (you can do this yourself). That's what I did. If you're lucky, the points will be waived and the fine might even be reduced.

dfrbrowne

But how do I know if I am going to get points or not?

Pulaski

All sorts of shenanigans are possible with tickets, though it depends on the state as to exactly how the process works and what you need to do, which is where those lawyers letters are worth considering. You may be able to attend a traffic school and listen to someone bang on for several hours about safe driving. You might be able to do that once every three years. You can sometimes get the penalty reduced to something vague and nebulous, round here speeding becomes "faulty equipment" (which I think means pretending declaring that your speedo wasn't working properly- though no evidence to that effect is necessary! ). If all else fails you could show up in court and look sheepish, and if the judge is in a good mood he may just throw the tickets out, and it is, I hear, often the case that the police don't show up in court, presuming that most people will just pay the fine. In which case the judge will throw the case out.

Meanwhile, when you're out and about, keep your eyes peeled for places where cops hang out, and mind your manners in those areas. I know of a bunch of places where the cops like to park/ hide and snag people speeding, running stop signs and what have you. None of the local cops have ever caught me, ..... though one I out ran (I wasn't trying to, I hadn't noticed him, or that he pulled out behind me ), and he couldn't get close enough to get a speed reading. He caught up with me after I had parked, and oh boy, was he mad! ..... I got a stern warning, and made a mental note to keep an eye on who is parked in that church parking lot.

Pulaski

I could ask if you've ever heard of this thing called "Google", but I'm feeling in a good mood today! Florida speeding and traffic ticket options.

Sally Redux

How difficult is it to put your seat belt on before you leave? I never understand that.

Anyway, you can do an online traffic school so you don't get points on your licence. I think it tells you when you get the ticket (not sure as it was OH not me).

MMcD

Well don't be too hard on yourself...it happens - but don't let it happen again (one thing about these occurrences - they sure serve as red flag reminders in our brains)

+ you will also be lucky (if you contest tickets in traffic court ) and the officer doesn't show. (it's often the case; happened to me once) Case dropped!

Note: even if you do decide to contest it you still pay fine when you schedule court date ((at least in CA.). But payment's refunded if judge finds in your favour.

md95065

Typically the OP will get a notice in the mail within a week or so that will describe the various options that apply to their specific case (but be aware that, if by some chance you *don't* get that notice it is still the responsibility of the person who received the ticket to contact the court and appear if necessary).

As indicated, traffic school is usually an option for simple stuff like this, but I'm not sure whether the fact that you got two tickets rather than just one will make a difference.

The ticket is a matter of public record which is why you got those letters - they are all basically junk mail - if you do need a lawyer (and it this case you definitely don't) you really don't want the kind of lawyer that depends on sending out that kind of letter to get business.

Pulaski

On the contrary, if you need a lawyer (and I am not passing an opinion either way on that question), I'd go with a "traffic ticket specialist" over trying to find a lawyer, who may not be quite so savvy about the possibilities and the local judges.

md95065

I agree that you would, indeed, want someone who specializes in that area, but I disagree that you should limit you search for such a lawyer to the ones that send out junk mail advertising their service.

Michael

From my understanding, normally you can't be legally ticketed when driving on private property (it would seem that a gated community would be considered private property) if you weren't being pursued from public property. In fact, LBJ used to break all kinds of traffic laws when driving on his ranch.

Pulaski

I got about 10-12 such solicitations when I got my ticket (plus a couple of lawyers who sent follow-up chasers when I didn't respond to their first mailers! ), and did my due diligence from there, discarding ones from a different county from the cop/ court, then looking at length of experience. Some lawyers appeared to be fresh out of law school, so those mailers went in the bin too. I ended up with someone, and his team, who had been doing traffic ticket work for 20 years IIRC. My speeding was reduced to faulty equipment, no points, no traffic school, no insurance consequences, ..... and a more cautious Pulaski.

Pulaski

Most gated communities are public roads, making the need, usefulness, and legality of gates to block traffic somewhat questionable. That said, I often wonder about the legal validity of STOP signs at the exits of mall/ private parking lots and non-state maintained service roads, .... as well as the local Post Office.

Michael

In California, I lived in a HOA on a private road (not gated and the road was kept private by posting a guard once a year) and the HOA couldn't get the police to come out for any traffic issues. As far as the police were concerned, it was the responsibility of the HOA to enforce traffic safety with private security guards.

Pulaski

The development where I live has one private (non-state maintained) road, with a STOP sign at the end. The funny thing is that the USPS doesn't seem to realise it's a private road (there is no signage to that effect), as they wouldn't provide house to house service if they knew. On one occasion the state snowplough cleared it, and an state "brush hog gang" tore the front off trees on a vacant lot that "encroached on the public right of way" .... which it isn't!