(561) 988-8000 Traffic offenses are among the most common offenses a person can commit. While many people do not consider them a big deal, there can be serious consequences to getting points on your license. In Florida, the Ft. Lauderdale traffic demerit point system depends on what type of infraction you are charged with which would dictate whether or not you get points and then depending upon the outcome of the case would dictate whether or not you get points.
For example, just because somebody is issued a traffic infraction in and of itself does not mean that they will get points. However, if you have received a point on your license, you do not have to accept it at face value. A distinguished and determined traffic lawyer could help you contest the point, and could attempt to mitigate the penalties you face (mainly license suspension). Contact an attorney that can advocate for you.
Use and Impact of Points on a Person’s License
Points in certain circumstances can be used by insurance companies that justify the increase in insurance premiums. Anytime an individual gets points, it does not automatically mean that an individual’s insurance rates will increase, but it certainly would be justified as an insurance company would raise an individual’s rates.
However, the consensus is that if an infraction or offense occurred and the judge or the traffic magistrate saw it serious enough to have points placed on an individual’s record that means one of potentially two things: either the individual has been in the court system before and they had prior tickets to dismissed or, they have had situations where they able to resolve their cases with withholdings of adjudication without conviction so that now it is rising to the level where a judge or magistrate needs to take it more seriously and add points to a person’s record.
If a person is convicted or receives points, they are looked at by an insurance company or whoever is looking at the record as more of a risk or more of a danger or more of a liability. Even in a case where a person does not have a significant or any record at all, if the facts and circumstances surrounding a case dictate a judge or a magistrate giving someone points on an individual’s record, that is a signal to an insurance company that that person is a potential liability or risk. Understanding the traffic demerit point system in Ft Lauderdale can be easier with a seasoned attorney.
Duration of Points on License
A lot of people in Ft Lauderdale ask how long the points remain on their driver’s license record and the answer depends on the severity of the violation. In most cases, general infraction and points remain on a person’s record between three to five years. More serious infractions could remain on an individual’s record for 10 years or longer.
It depends on who is looking at the record and what type of record is ordered; so in Florida, they can order a lot of different types of driver’s license records or history, people can order a three-year record, a four-year record, a seven-year record, or a whole history.
Infractions That Would Lead to Points
An example of an infraction that would lead to a point would be speeding. Speeding is the most common citation or infraction issued in Fort Lauderdale and is defined as driving up to 15 miles an hour over the limit.
With a conviction on an individual’s record, this would result in three points being added to the individual’s driver’s license record, anything over 15 miles an hour above the limit is four points, any speeding case involving an accident would result in six points being added to an individual’s driver’s license record.
Offenses That Are Not Speeding
Other offenses like driving with an open alcohol container could result in three points added to someone’s license, child safety restraint violations would lead to a three-point violation; littering, if somebody is convicted or adjudicated guilty of littering is a three-point violation.
However, leaving the scene of an accident with property damage otherwise known as hit and run is six points; reckless driving convictions come with four points, any moving violation that results in an accident where an individual is convicted is a four-point violation, and passing a stopped school bus is a four-point violation.
The traffic demerit point system in Ft. Lauderdale can do more than impact someone’s insurance rates. If an individual accumulates a certain amount of points over a certain period of time, it will cause the suspension of an individual’s driver’s license.
Consequences for Points
If an individual receives 12 points within 12 months, the Florida Department of Motor Vehicles will suspend an individual’s driver’s license for 30 days. If an individual accumulates 18 points over an 18 month period, the Florida Department of Motor Vehicle will issue a three-month suspension of an individual’s driver’s license, and then if an individual accumulates 24 points within 36 months over a three-month period, the suspension will be for one year.
Suspension of a Driver’s License
In a situation where the court is put in a position to decide what a penalty should be for an offense that was issued by an individual and if it is a situation where the ticket could not be dismissed or was not thrown out, a county court judge or a traffic magistrate has to make a decision as to what the penalties should be. In standard civil traffic infractions, the judges and magistrates can only impose civil penalties. That means fines, court costs, driving school, and potential suspension of an individual’s driver’s license.
The judge or traffic magistrate, in certain circumstances and as part of the penalty in a case, can order a suspension of an individual’s driver’s license. They can even suggest ordering a re-examination or a re-test. Points generally are a way to gauge somebody’s past driving behavior. It goes without saying, but the worse a person’s record is the more of an indication that whatever it is they are currently being accused of is an issue. For example, if an individual presents themselves in front of a traffic magistrate or a county court judge with a speeding violation and there have been violations in the past, with or without points, those prior cases are going to be used to justify a harsher penalty as compared to somebody who has had no other entries on their driver’s license record.
Fighting Penalties
When faced with penalties of excessive traffic demerit points in Ft. Lauderdale, it can be difficult to figure out what the next step should be. In certain circumstances, a person who receives a traffic violation can choose not to fight their citation which is not recommended. An individual can guarantee no points on their record by exercising one of their traffic school elections. Once a year and only over a certain amount of time in the individual’s lifetime, a person can elect to go to traffic school and not receive the points on their record. The downside is that an individual would have to accept some type of penalty if they elect to do that.
Prior Driver’s History
When attorneys see a record where an individual has prior violations and points, it is either because the prior record even before that mandated the issuance of points or the facts of that particular case where the points were assessed were so bad that whoever was making a decision, in that case, decided that part of the sanction or part of the punishment is going to be points. As an indicator, an individual’s past driving history or past driving behavior could greatly affect what type of penalty an individual would receive on any current offense that is being presented before the court. Prior points could have a devastating effect on current or future sentencing or punishment.
Employment Opportunities
A lot of employers when considering an individual for employment will not only do standard background checks but are now are pulling driver’s license records. A driver’s license history or a driver’s license record is a good indicator of an individual’s judgment, their ability to follow the law, and whether or not a person is responsible.
With potential employment situations that involve driving, the prospective employer would pull the driver’s license records, but it is happening more and more even for potential employment that does not involve driving. A driver’s license record is a good window into the responsibility of a prospective employee, so having a bad driver’s license record and one that has a lot of points on it could negatively affect an individual’s opportunity to secure gainful employment. Despite not being penalties of excessive traffic demerit points in Ft. Lauderdale, the impact it could have on an individual’s future can be just as important.
While the Ft. Lauderdale traffic demerit point system can be harsh, a skilled traffic attorney could help by advocating for individuals and also helping them contest traffic infractions. If an individual has received a ticket for an infraction they should speak with a lawyer that can help.
