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Frequently Asked Questions
Below are some frequently asked questions and answers to further assist you.
Why spend more to fight a less expensive fine?
The cost of representation may be more than the FINE, but the long-term effects of a charge are costly. Paying a fine means you are pleading guilty to a charge. Once convicted your insurance premiums will most likely increase significantly. Depending on the charge you are convicted of, your insurance rating may change, resulting in your insurance company significantly raising your automobile insurance premiums over time or even possible cancellation of your policy.
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Why shouldn’t I just pay my traffic ticket by mail?
By simply paying your ticket, you are pleading guilty as charged. This will result in points on your driving record and higher insurance premiums. The State of Florida keeps track of the number of points on your drivers' license record. If these points exceed a certain number, within a certain period of time, your drivers' license will be suspended.
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I really committed the traffic related offense, why should I fight the ticket?
You should know that by paying a traffic ticket fine you automatically admit to wrongdoing. And by doing so, points will be assessed to your drivers' license record. The result could potentially affect your ability to drive legally, and will probably cause you to experience significant increases in your automobile insurance premiums. It is necessary to confirm that the citation was properly completed, and that the officer(s) were properly trained and qualified to issue the traffic ticket to you. If you were given a ticket for speeding, it is extremely important to confirm that the radar, laser, or other speed detecting device was properly calibrated and approved for use as required by Florida law. Just because you received a traffic ticket from a policeman does not, in any way, mean you are guilty of the driving infraction. It simply means that you have been charged with a driving violation, and have received a ticket. If you maintain your innocence, you are presumed not guilty, and you remain not guilty until the State/Police Officer, which has the burden of proof, proves to the Traffic Judge or Traffic Magistrate that you were guilty beyond a reasonable doubt. Before you consider paying any traffic fine, remember that you owe nothing until you are proven guilty. Contact us for FREE CONSULTATION TODAY (727) 528-1114.
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Do I need an Attorney?
An attorney who defends traffic tickets can assist you in many ways. Though we cannot guarantee dismissal of a ticket, we can help in many ways to try and prevent your ticket from becoming a conviction on your driving record, and as a result, help protect your driving privileges and keep your automobile insurance rates from being increased. We can assist with proven strategies to help reduce the chance of conviction. As an example, sometimes a case can be legally dismissed because there is a defect in the completion of the traffic ticket. This is something a non-lawyer might overlook, or have no idea is significant, could be legal grounds for the dismissal of your case. Sometimes the case will need to be tried to a judge or jury. Attorneys are familiar with the rules of criminal evidence and criminal procedure which are used in these types of trials. Attorneys can counsel you as to what all your options are in the Traffic Court. Call for a free quote Monday through Friday, 8:30 A.M. to 5:30 P.M.
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Is the police officer required to show me the radar/laser gun results when issuing the ticket?
No. The police officer is not required to present the radar/laser gun at the time you are being cited. The driver is only entitled to know the nature of the charge. The officer must only provide sufficient evidence to the trial judge, and is not obligated to prove guilt to the driver. It is up to the driver to dispute the traffic ticket to avoid points and increases in automobile insurance premiums.
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Do I have to appear in court for a traffic related matter?
If you have a non-criminal traffic infraction, our office can represent you without your need to attend court. However, if you have been charged with a traffic matter involving a criminal violation, we ask that you please call our office for a free consultation.
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Do I have to meet at your office?
Not necessarily. Whether you live locally, or are from out of town, it is not necessary to come to our office and sign up with us in person. Please know that we can arrange that all necessary paperwork be sent to you directly through the mail, if you prefer. If you decide to hire us, we can handle most traffic ticket cases over the phone. We require that you fax or mail a copy of your traffic ticket to our office, and provide us with your credit card information, or send us a check. When you have paid our fee in full, we willl provide you with legal representation.
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How much time do I have to decide what to do?
The law provides that once you have been cited with a traffic violation, you have thirty (30) days to perform one of the following options:
- Admit guilt and pay the ticket, thereby having points assessed to your driving record
- Plead not guilty, hire an attorney, or represent yourself, or
- Select to attend traffic school, if eligible, as well as pay the ticket, have an entry into your driving record that you elected traffic school, and attending either the 4, 8, or 12 hour driver improvement course, depending on your particular driving record.
If you fail to perform one of the following actions within 30 days, from the date you receive the traffic ticket, your license could be suspended, which would prohibit you from driving legally, and cause you additional expenses to reinstate your driver's license.
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How much do you charge?
Fees for Representation for Traffic Ticket cases start at $150.00 for tickets received in St. Petersburg (South Pinellas County), $200.00 for tickets received in Clearwater (North Pinellas County), and $250.00 for tickets received in Tampa (Hillsborough County). These fees do not include trial fees or trial related expenses.
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Do you offer student discounts?
We realize that most students have limited financial resources. In an effort to better accommodate students we offer all active students 25% off legal representation. Eligible students for the discount must provide valid student identification, and must have received a citation while actively enrolled in school.
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Do I have to pay for anything else?
Possibly. If your ticket is dismissed by the Court, no points will be assessed to your driving record, and no fines will be charged to you. The matter will be concluded. However, depending on the disposition of your case, the Court may require payment of the face value of the traffic ticket and court costs. If a fine and courts is ordered, payment to the Clerk of the Court must be made in ten (10) business days.
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I do not live in the Tampa Bay area, do you help non-residents of the area?
Yes. Most of the time we can appear for the individual, hand deliver payment of fines to the Clerk of the Court, and avoid traffic school, so that clients will not have to make any return trips to the Tampa Bay area to handle their traffic citation issues.
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What are some of the services you provide?
All traffic ticket related matters, including both non-criminal and criminal. These matters do not have to result in a conviction. Frank DiCosola, P.A. can do the following:
- Request a copy of all information being used to prosecute your case, which includes police officers notes, radar and laser qualifications, certifications, photographs, witness statements, etc.
- Expose errors and inaccuracies in the officer's or prosecution's case
- Contest the omission of evidence which may make the ticket invalid
- Organize and execute a trial, if necessary
- Challenge the reliability of witnesses memory who may testify against you
- Successfully negotiate for the dismissal of charges, a reduced sentence, or a lesser charge.
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What else should I know?
A typical traffic ticket involves a minimum of several hours for the initial court appearance and usually one day of traffic school. To many traffic violators, the actual laws and court procedures are unfamiliar territory, so it makes sense to hire an attorney who can properly represent you and appear on your behalf. If you do not pay the ticket through the mail, the ticket provides that you must appear for a court date to present your case at trial before the Traffic Court Judge or Traffic Court Magistrate.. Typically, at the court date on your ticket, the Judge will ask you how you want to plead to the charge on the ticket. If you plead "guilty" or "no contest" the Judge will assess a fine and possible court costs. If you are found guilty by pleading "guilty" or "no contest," the convictions will appear on your driving record. The convictions on your driving record, as previously mentioned, can make your automobile insurance rates go up substantially. Convictions on your driving record can also also potentially cause your drivers' license to be suspended, cancelled, or revoked.
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And what if my case doesn't get dismissed?
If your case is not dismissed, you may be assessed court costs and/or a fine, payable to the clerk of the court in which you received your ticket. Our firm attempts to have every case dismissed, however, this is not always possible.
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Are there limits on the driving school election?
Under Florida law, during your lifetime you can make this election only five times. You cannot attend driving school within 12 months of your last attendance, when electing the driving school option. You must complete a 4-hour, 8-hour or 12-hour class and provide proof of completion within the time constraints imposed by the Clerk of Court in the county where you receive the citation. A registration fee is required by the traffic school. Also, by electing driving school you may fail to take advantage of legal defenses that may result in the dismissal of your ticket or a finding of not guilty.
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Do you help with other matters besides traffic ticket matters?
Yes, we also defend other types of cases including misdemeanor and felony criminal cases, all personal injury matters, wrongful death, expungment and sealing of criminal records, and forming all corporate entities.
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How do I get a free consultation regarding my traffic ticket case?
Submit your information by completing the Free Consultation Form, or contact us today for a free consultation at (727) 528-1114. We are available 7 days a week. Consultations can be scheduled for evenings and weekends to accommodate your your schedule.
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If You Received A Traffic Ticket, Give Us A Call
If we can assist you in the defense of your traffic ticket, please feel free to give us a call Monday through Friday, 8:30 A.M. to 5:30 P.M. at (727) 528-1114.
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