Receiving a traffic citation in Broward County can be frustrating, especially if you believe you were wrongly ticketed. While paying the fine might seem like the easiest option, contesting the ticket can help protect your driving record, avoid fines, and keep your insurance rates from rising. Understanding the legal process for contesting a traffic citation in Broward County is essential to making an informed decision.
1. Decide Whether to Contest the Citation
The first step is to assess whether contesting the citation is worth your time and effort. Consider the potential consequences:
- Will fighting the citation result in a reduced fine or fewer points on your license?
- Could contesting the ticket help you avoid an insurance rate increase or a license suspension due to accumulated points?
If you believe the officer made an error or the citation was issued unfairly, it may be worth challenging it in court.
2. Pleading Not Guilty
Once you’ve decided to contest the citation, you’ll need to plead not guilty. You can do this by:
- Option 1: Mailing in your plea to the Clerk of Court in Broward County, which is listed on your citation.
- Option 2: Appearing in person at the Clerk’s office to file your plea.
The court will set a date for your hearing, and you’ll receive instructions on how to proceed.
3. Request a Court Hearing
In Broward County, you can request a court hearing to contest the ticket. You’ll typically be scheduled for a hearing in front of a judge. At this point, you’ll need to:
- Provide evidence supporting your case, such as dashcam footage, GPS data, or witness testimony.
- Examine the officer’s testimony and challenge any discrepancies.
You can also choose to appear with an attorney, particularly if the violation is serious or if you want professional assistance in challenging the citation.
4. Explore the Option of Traffic School
In some cases, attending traffic school can help you avoid points on your license, even if you plead guilty or are found guilty. This option is usually available for minor violations, such as speeding or running a red light. However, you’ll need to request permission from the court before enrolling in a traffic school.
5. The Hearing and Potential Outcomes
At the hearing, the officer who issued the citation will present their case, and you’ll have the opportunity to present your defense. After both sides have made their arguments, the judge will make a ruling. Potential outcomes include:
- Case Dismissal: If the evidence shows you were wrongly cited.
- Guilty Verdict: You’ll be required to pay the fine and possibly incur points on your license.
- Reduction of Penalty: The judge may reduce the fine, offer a shorter suspension, or dismiss the points on your driving record, especially if it’s your first offense.
6. Appeal the Decision (If Necessary)
If you disagree with the judge’s ruling, you may have the right to appeal the decision. Consult with an attorney to understand your options for appealing and the potential costs involved.
Final Thoughts
Contesting a traffic citation in Broward County may take time and effort, but it can be worth it to protect your record and avoid costly consequences. Whether you’re contesting a simple speeding ticket or a more serious violation, consulting with an experienced attorney can help you navigate the legal process and increase your chances of a favorable outcome.
This post was written by a professional at The Law Office of Eric H. Clayman, P.A. The Law Office of Eric H. Clayman, P.A., serves Ft. Lauderdale and Broward County, specializing in criminal defense, including DUI, drug crimes, and violent offenses. With a background as a former police officer, Eric H. Clayman brings invaluable insight into law enforcement procedures. His experience as a DUI investigator, narcotics investigator, and member of street crimes and auto theft units, along with executing high-risk felony warrants, gives him a strategic edge in defending his clients. Committed to protecting your rights and achieving the best results, the Law Office of Eric H. Clayman, P.A., is your trusted ally in the face of criminal charges.