Traffic
Court
Miami-Dade County’s traffic courts rank among the busiest
in the nation, with more than half a million drivers issued
approximately 740,000 citations in 2005. The following information
is provided to answer procedural questions about your particular
traffic case, direct you to local and state resources, and
provide links to convenient online services offered by Miami-Dade’s
Clerk of Courts and Florida’s Department of Highway Safety
and Motor Vehicles. IMPORTANT: Are
you driving with a suspended license because of multiple
fines you were unable to pay and/or court appearances
you failed to keep? You may be eligible to divert your cases
from going to court by participating in the DRIVE
LEGAL PROGRAM,
which allows you to reduce the amount of fines by performing
community service, reduce points on your driving license
and provides counselors to help you satisfy the requirements
for license reinstatement.
Your Traffic Ticket
Essential information is contained on both sides of your
traffic ticket - read it carefully to determine what type
of violation you are charged with, how you can respond to
the ticket, whether a court hearing is required, and what
your rights are, among other things. The penalties you may
receive and what you must do to resolve your traffic case
vary depending on whether yours was a civil traffic
infraction or criminal traffic case.
Civil Traffic Infractions
Civil traffic cases, such as non-moving violations (no
seat belt or improper child restraint, etc.) and moving
violations (speeding, careless driving, etc.) are usually
resolved by paying a fine and/or attending traffic school.
Jail is not a penalty in these cases. Points may be assessed
on your driver’s record for moving violations, but
can be eliminated or reduced by attending traffic school,
if applicable in your case.
When you pay your traffic fine, you
are admitting fault – or
pleading guilty. If you feel you are not guilty of the charges,
you may request a trial, which is normally heard by the Court’s
Traffic Magistrates – attorneys who are appointed by
the Chief Judge for this purpose. You do, however, have the
right to request a trial by a judge. If you fail to pay a
traffic fine within the allotted time limit, you may be referred
to a collection agency for additional costs. Also, the State
may suspend your license, for instance, if you have accumulated
an excessive number of points on your driver’s record
within a specified period of time.
See General and Civil Traffic Frequently
Asked Questions (FAQs) for details on specific case procedures
and options,
fee schedules, payment procedures, traffic school information
and other traffic case requirements, or call the Clerk’s
Office Traffic Division at (305) 275-1111. You may also access
the Clerk’s online
traffic services to check your case
status, pay tickets online, and more.
Improper Child Restraint: If you received
a ticket for improper child restraint, you may receive
a reduced fine and a “withhold
of adjudication” (meaning you will not have a conviction
for this offense on your record) by attending the Child Restraint
Offender's Program (C.R.O.P.). See Traffic School FAQs for
more information on this course, which is offered by Miami
Children's Hospital. You may also call the hospital at (305)
663-6865 for important scheduling and registration information.
Criminal Traffic Cases:
Criminal traffic cases [Driving While
Under the Influence (DUI); Driving While License Suspended
(DWLS), reckless driving,
etc.] are more serious than civil infractions and require a court hearing. Penalties may include jail time, but most
sentences in criminal traffic matters involve the payment
of fines and court costs. The completion of a rehabilitative
program and/or traffic school program may also be required.
Also, suspension of your license is a possibility, depending
on the violation and/or the number of points on your driver’s
record during a given period of time.
.
You will receive a notice in the mail listing the time, date
and court location of your hearing. If you fail to appear
in court, a bench warrant will be issued and that could lead
to your arrest. See General and Criminal Traffic Frequently
Asked Questions (FAQs) for specific details on your options
in criminal traffic cases, as well as procedures, fee schedules,
payment, license suspension/reinstatement and traffic school
information, or call the Clerk’s Office Traffic Division
at (305) 275-1111. You may also access the Clerk’s
online traffic services, where you can check your case status,
pay tickets online (if that is an option in your case), and
find more information.
Florida’s Department of Highway Safety and Motor Vehicles also offers a number of convenient online services. You may
process your annual vehicle registration, renew your license,
check your driving record and license information, and verify
your reinstatement status online. The agency serves as a
valuable resource for first-time drivers and Florida’s
senior, handicapped and immigrant population, as well as
out-of-state drivers seeking to obtain a Florida license.
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