Fort Myers Traffic Ticket Lawyer

You will be given two options after you have received a traffic ticket from a police officer in Fort Myers. Option one is to pay the ticket and deal with the rest of the consequences, like having points on your license and paying a fine, and option two is fighting the ticket with the help of a traffic ticket lawyer.

At The Law Place, we have over seventy-five years of combined experience and knowledge in fighting traffic tickets on behalf of clients in Fort Myers and all over the State of Florida. Our law firm has an in-depth understanding of traffic law, and we will be able to guide you through the legal system with efficiency.

Our team of traffic ticket lawyers is highly trained to handle the most challenging cases of traffic tickets, ranging from excessive speeding, driving under the influence of alcohol or drugs, reckless driving, and much more. If you put your trust in us, then we will investigate your case in order to determine whether you have been wrongfully charged in Fort Myers.

Contact The Law Place to schedule a free consultation today, and a Fort Myers criminal defense lawyer will fight your traffic ticket in Fort Myers.

The Difference Between Moving and Non-Moving Traffic Tickets in Fort Myers, FL.

The police officer will have issued you a ticket at the time that they pulled you over, and it will tell you whether you have committed a moving or a non-moving violation in Fort Myers. It is worth taking a moment to understand the differences between the two types of traffic tickets.

A moving violation and a non-moving violation are both seen as traffic violations, but there are a few distinctions to understand. For instance, a driver who breaks a traffic law while in motion will be charged with a moving violation, while a non-moving violation will normally be charged on account of parking and paperwork.

The most common types of moving violations are:

• Speeding.
• Racing.
• Distracted driving.
• Aggressive driving.
• Careless driving.
• Reckless driving.
• Driving under the influence of alcohol or drugs.
• Causing a car accident.
• Stop sign violations.
• Failing to signal.
• Failing to obey a traffic control device.
• Improper lane changing.
• Driving too fast for weather or road conditions.

The most common types of non-moving violations are:

• Unlawful use of a driver’s license.
• Driving without a license.
• Driving without insurance.
• Driving with a suspended license.
• Parking in a restricted area.
• Parking in a handicapped spot.
• Having illegal tint.
• Leaving the scene of an accident.
• Habitual traffic offender.
• Failure to show proof of insurance.
• Improperly displayed license plate.
• Driving a motor vehicle without authorization.
• Driving with an expired tag or vehicle registration number.
• Having illegal tint.

Options After Receiving a Traffic Ticket in Fort Myers, FL.

Once you have been issued a traffic ticket, you will have three options:

1. Pay the Ticket – People can pay their traffic ticket online, through the mail, or in person. However, they will be adjudicated guilty once they pay the fine, and they will face other consequences such as points on their license (for a moving violation), and their insurance rates will rise.
2. Go to Driving School – You might have the option to go to driving school and complete a four-hour course if you are eligible. Once you complete the course, adjudication will be withheld, and your license will not face points. You can go to driving school one time in a period of 12 months, but only five times in a single lifetime. However, there are some situations where you cannot go to driving school, like if your traffic ticket requires a mandatory court appearance. Furthermore, a commercial license driver will not have the option to go to driving school full stop.
3. Fight the Ticket – If you believe that you were wrongly charged and you do not agree with the traffic ticket, then you will always be given the option to fight against the ticket. Pick up your phone to call a traffic ticket lawyer from The Law Place, and we will set up a free consultation today. One of our traffic ticket lawyers will even show up in court on your behalf, and they will fight to avoid fines and the points on your driver’s license.

Fines for Speeding Tickets in Fort Myers, FL.

Speeding happens to be the most common type of moving violation in the State of Florida. It is also the only violation to accumulate points faster than any other type of violation. However, the amount of fines that a driver has to pay for their traffic ticket will vary depending on their speed.

• 6 to 9 mph over the speed limit – A fine up to $129
• 10 to 14 mph over the speed limit – A fine up to $204.
• 15 to 19 mph over the speed limit – A fine up to $254.
• 20 to 29 mph over the speed limit – A fine up to $279.
• 30 mph or more over the speed limit – A mandatory appearance in court.

Points for Common Traffic Violations in Fort Myers, FL.

The amount of points that will be added to your driver’s license will depend on the seriousness of the traffic violation. The most common examples of points associated with traffic violations are listed below:

• Speeding – 3 points.
• Careless driving – 3 points.
• Failure to stop at steady red signal – 3 points.
• Too fast for conditions – 3 points.
• Failure to obey traffic control signal – 4 points.
• Reckless driving – 4 points.

Speeding Tickets in Fort Myers, FL.

The State of Florida has two types of speed limits: basic and absolute. An absolute speed limit is classed as a posted maximum, while a basic speed limit is a restriction that stops drivers from traveling above the posted limit.

The penalties for a speeding ticket will depend on the driver’s speed and the type of violation that they committed.

Basic Speeding Violation

• Fines between $125 and $370 with a maximum of $500.
• An order to attend traffic school from a judge.
• 3 points added to their driver’s license.

Absolute Speeding Violation

• Fines between $125 and $370 with a maximum of $500.
• An order to attend traffic school from a judge.
• 3 or 4 points added to their driver’s license (for more than 50 miles per hour over the speed limit)

Speeding in a Construction or School Zone Violation

• Fines between $150 and $620 with a maximum of $1,000.
• An order to attend traffic school from a judge.
• 3 or 4 points added to their driver’s license (for more than 50 miles per hour over the speed limit)

If you were caught speeding 30 miles per hour or more over the speed limit, then you will not be eligible to go to traffic school in the State of Florida.

Stop Sign and Red Light Tickets in Fort Myers, FL.

A driver is required to stop completely before the marked line, entering the crosswalk near the side of an intersection, or entering the intersection when they are at a red light or a stop sign. The penalties for a stop sign or red light ticket will depend on the nature of the violation.

Running a Red Light

• Fines between $250 and $280 with a maximum of $500.
• 3 or 4 points added to their driver’s license (depending on the situation).

Running a Stop Sign

• Fines between $150 and $190 with a maximum of $500.
• 3 points added to their driver’s license.

Distracted Driving Tickets in Fort Myers, FL.

The State of Florida established a law on distracted driving, which stops every driver from texting while on the road. However, a police officer must have another reason (such as speeding) in order to pull you over because distracted driving is classed as a secondary violation.

Distracted Driving First Offense

• Fines between $100 and $200.
• No points.

Distracted Driving Second Offense

• Fines between $100 and $200.
• 3 points added to their driver’s license.

Distracted Driving Second Offense in a School Zone

• Fines between $100 and $200.
• 3 points added to their driver’s license.

Driving Without a License Tickets in Fort Myers, FL.

All drivers are required to hold a valid license in their name when operating a motor vehicle in the State of Florida. The penalties for driving without a license will depend on the nature of the violation.

Driving Without a Valid License

• Fines between $100 and $120 with a maximum of $500.
• No points.
• No time in jail.

Driving Without a License in Possession

• A fine of $10 (this is a dismissal fee upon showing proof of a valid license).
• No points.
• The possibility of 60 days in jail.

Driving With a Suspended or Revoked License First Offense

• A maximum fine of $500.
• No points.
• The possibility of 60 days in jail.

Driving With a Suspended or Revoked License Second Offense

• A maximum fine of $1,000.
• No points.
• The possibility of a year in jail.

Driving With a Suspended or Revoked License Third or Subsequent Offense

• A maximum fine of $5,000.
• No points.
• The possibility of five years in jail.
• A felony offense.

Traffic Ticket Requiring a Mandatory Court Appearance in Fort Myers, FL.

It is possible that you could be ordered to go to court, even if a police officer gave you a traffic ticket for a civil infraction in Fort Myers. You should know that you have committed a serious traffic infraction in the event that you are ordered to make an appearance in court.

Florida Statute 318.19 describes the most common traffic infractions that require drivers to appear in court:

• A traffic infraction that resulted in an accident involving ‘serious bodily injury.’
• A traffic infraction that led to the death of another person in a car accident.
• A traffic infraction for failing to stop where children are present near a school bus.
• A traffic infraction for loads from vehicles falling, shifting, dropping, or blowing away.
• A traffic infraction for speeding 30 miles per hour over the posted speed limit.

Traffic Ticket Defenses

When facing a traffic ticket in Fort Myers, it’s crucial to know that you have options for defense. A skilled traffic ticket lawyer can employ various strategies to contest the ticket, potentially leading to reduced penalties or even dismissal. Here are some common defenses:

• Mistake of Fact – Arguing that a genuine mistake led to the alleged violation. For example, if a traffic sign was obscured or missing, it could justify your actions.
• Incorrect Information on Ticket – If the ticket contains incorrect details (like the wrong date, time, or location), it can be challenged on the grounds of inaccuracies.
• Equipment Malfunction – Challenging the accuracy of speed detection equipment or traffic light functionality can be a valid defense, especially if there’s evidence of malfunction or improper calibration.
• Necessity – Arguing that your actions were necessary to avoid harm, such as swerving to avoid an accident.
• Speeding for Safety – In rare cases, speeding to match the flow of traffic for safety reasons can be a defense.

Each case is unique, and a knowledgeable attorney can advise on the best approach based on the specifics of your situation.

Types of Traffic Offenses

Understanding the range of traffic offenses is crucial when seeking legal assistance. Here’s a list of common traffic violations:

• Speeding – Exceeding the posted speed limit.
• DUI (Driving Under the Influence) – Operating a vehicle under the influence of alcohol or drugs.
• Reckless Driving – Driving with willful or wanton disregard for safety.
• Running Red Lights/Stop Signs – Failing to stop at traffic control signals.
• Driving Without a License – Operating a vehicle without a valid driver’s license.
• Driving with a Suspended License – Driving while your license is suspended or revoked.
• Illegal Lane Changes – Making unsafe or prohibited lane changes.
• Failure to Yield – Not yielding the right-of-way when required.
• Tailgating – Following another vehicle too closely.
• Texting While Driving – Using a mobile device for texting or other activities while driving.

Each offense carries its own set of legal implications and potential defenses.

Penalties for Specific Violations

The penalties for traffic violations in Fort Myers can vary based on the severity of the offense:

• Speeding – Fines vary depending on how much over the speed limit you were driving. Repeat offenses can lead to higher fines and points on your license.
• Running a Red Light – Penalties typically include a fine and points on your license. In cases of accidents or injuries, penalties can be more severe.
• Driving Without a License – First offenses often result in a fine, but repeat offenses can lead to jail time.
• DUI – Penalties for DUI can be severe, including fines, license suspension, mandatory DUI school, and even jail time, especially for repeat offenders.
• Reckless Driving – This can result in fines, points on your license, and in severe cases, jail time.

It’s important to consult with a traffic ticket lawyer to understand the specific penalties for your case and explore potential defenses.

Careless and Reckless Driving in Fort Myers

Understanding the distinction between careless and reckless driving is crucial, as each carries different legal consequences in Fort Myers.

• Careless Driving – This is often defined as failing to drive in a careful and prudent manner, considering the width, grade, curves, corners, traffic, and all other circumstances. Common examples include tailgating, failing to yield, and distracted driving. Careless driving is generally seen as a lesser offense compared to reckless driving. The penalties usually involve fines and points on your driving record, but they can escalate if the careless driving leads to an accident.
• Reckless Driving – This is a more serious offense and is defined as driving with a willful or wanton disregard for the safety of persons or property. It implies a conscious choice to drive dangerously, such as excessive speeding, aggressive weaving through traffic, or fleeing from police. Reckless driving can result in more severe penalties, including higher fines, a higher number of points on your license, and in extreme cases, jail time. If reckless driving results in property damage, injury, or death, the consequences become significantly more severe.

Protecting Your License

Maintaining a clean driving record is essential for protecting your license from points, suspensions, or revocations. Here are some tips to help:

1. Obey Traffic Laws – This is the most straightforward way to avoid points on your license. Adhere to speed limits, traffic signals, and road signs.
2. Defensive Driving – Be aware of your surroundings and anticipate potential hazards. This can help avoid situations that might lead to traffic violations.
3. Attend Traffic School – In some cases, attending traffic school can help remove points from your record or prevent them from being added.
4. Challenge Tickets – If you believe a ticket was unjustly issued, consider challenging it in court. A traffic ticket lawyer can help with this process.
5. Avoid Accumulating Points – Different violations carry different point values. Accumulating too many points within a specific period can lead to license suspension.
6. Regularly Check Your Driving Record – Ensure your record is accurate and address any errors promptly.

Leaving the Scene of an Accident

Leaving the scene of an accident, often referred to as a hit and run, is a serious offense in Fort Myers. The legal implications vary based on the severity of the accident:

• Property Damage Only – If the accident involves only property damage, leaving the scene is typically a misdemeanor. Penalties can include fines, points on your license, and potentially jail time.
• Injury or Death – If the accident results in injury or death and you leave the scene, the offense is elevated to a felony. This can lead to significant fines, a high number of points on your license, a potential license suspension, and substantial jail time.

In any accident, it’s legally required to stop, provide your information, and render aid if necessary. If you’re involved in a hit and run, it’s crucial to seek legal counsel immediately to navigate the complexities of your case.

Fort Myers Traffic Ticket FAQ

What should I do immediately after receiving a traffic ticket in Fort Myers?

We always recommend discussing your ticket with an attorney immediately. After receiving a traffic ticket, review the details for accuracy. Note the violation, the date to respond by, and consider whether you want to pay the fine, attend traffic school (if eligible), or contest the ticket in court.

Can I contest a traffic ticket even if I think I’m guilty?

Yes, you have the right to contest any traffic ticket. Sometimes, contesting can lead to reduced penalties or a dismissal, especially if there are mitigating circumstances or errors in the ticketing process.

What are the consequences of just paying a traffic ticket in Fort Myers?

Paying a traffic ticket is an admission of guilt. It can lead to points on your license, increased insurance rates, and potential future consequences for accumulating points.

How can a traffic ticket lawyer help me?

A traffic ticket lawyer can provide legal advice, represent you in court, negotiate with prosecutors, and help in getting the ticket dismissed or penalties reduced. They understand local traffic laws and court procedures, which can be crucial in your defense.

What is the difference between moving and non-moving violations?

Moving violations occur when the vehicle is in motion (like speeding or running a red light), while non-moving violations are generally related to parking or vehicle maintenance issues (like expired registration or parking in a no-parking zone).

How many points can lead to a license suspension in Fort Myers?

License suspension can occur if you accumulate 12 points within a 12-month period, 18 points within an 18-month period, or 24 points within a 36-month period.

Is attending traffic school always an option to avoid points?

Attending traffic school is an option for certain violations and can prevent points from being added to your license. However, this option is typically available only a limited number of times and may not be available for more serious offenses.

What happens if I ignore a traffic ticket?

Ignoring a traffic ticket can lead to additional fines, a suspended license, and even a warrant for your arrest. It’s important to respond to the ticket by the specified date.

Can I get a traffic ticket dismissed in Fort Myers?

Yes, it’s possible to get a traffic ticket dismissed, especially if there are errors in the ticket, if you can prove your innocence, or through negotiation by a traffic ticket lawyer.

What should I do if I’m involved in a hit and run in Fort Myers?

If involved in a hit and run, it’s crucial to seek legal counsel immediately. Leaving the scene of an accident is a serious offense, and a lawyer can help navigate the legal process and defend your case.

Contact The Law Place Today in Fort Myers, FL.

If you received a traffic ticket from a police officer, then you always have the option to challenge the ticket in Fort Myers. If you do not agree with the traffic ticket, then you should call a traffic ticket lawyer who can help you to beat the charges.

At The Law Place, we have over seventy-five years of collective experience when it comes to working in traffic law in Fort Myers and throughout the State of Florida. Our team of traffic ticket lawyers has helped hundreds of clients to get their traffic tickets dismissed for a variety of different traffic violations over the years.

If you want to avoid the potential consequences and fines of a traffic ticket, then you should give us a call today. Our team of traffic ticket lawyers will investigate the nature of your offense, collect relevant information, deal with the paperwork, challenge the actions of the police officer, and develop a defense strategy for your case. Rest assured that we will work hard to achieve a reasonable outcome for you.

Contact The Law Place to schedule a free consultation today, and a criminal defense lawyer will fight your traffic ticket in Fort Myers.