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WHAT DOES A FAILURE TO OBEY TRAFFIC CONTROL DEVICE CITATION IN PINELLAS COUNTY MEAN?

WHAT DOES A FAILURE TO OBEY TRAFFIC CONTROL DEVICE CITATION IN PINELLAS COUNTY MEAN?

If you have recently received a citation for Failure to Obey a Traffic Control Device in Clearwater, St. Petersburg, or the surrounding areas of Pinellas County, you may be wondering what that citation means. An allegation that you failed to obey a traffic control device means that a police officer has alleged that you have failed to abide by some sign or other marking on a road or highway. This includes stop signs, yield signs, no left turn signs, turn only errors, etc.

How Many Points Will I Get for Failure to Obey a Traffic Control Device?

Getting points assessed against your license will almost always result in an increase in your insurance premiums. A conviction for Failure to Obey a Traffic Control Device can result in the imposition of three (3) points against your license. If you accumulate 12 points over a period of 12 months, your driver’s license can be suspended.


Can I Avoid the Points for Failure to Obey a Traffic Control Device?

In many instances, our office is able to resolve violations of a traffic control device in a way that does not result in our client getting any points. This can occur in several ways, including asserting a defense that the sign was not reasonably visible or properly placed, or presenting mitigation to the Court in order to negotiate a no-points resolution.


Why Did I Get a Violation of a Traffic Control Device Ticket if I was only Speeding?

In some cases, a client is issued a Violation of a Traffic Control Device citation in Pinellas County for speeding. Usually, this is indicative of the client having a polite and respectful attitude with the law enforcement officer, and the officer “cut” our client a break. This is because the fine for Violation of a Traffic Control Device is substantially less than speeding.

Hire a Highly Experienced Pinellas Traffic Ticket Defense Attorney

If you have been issued a citation for Violation of a Traffic Control Device or any other citation, time is of the essence. You only have thirty days from the date on the citation to exercise your rights. 

Contact the best Pinellas Traffic Ticket Defense Lawyers at 727-578-0303 to discuss the options that may be available to you to avoid the points or to seek an outright dismissal of the charge against you.

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WHAT IF I CAN’T DO DRIVING SCHOOL TO AVOID THE POINTS FOR MY PINELLAS COUNTY TICKET?

WHAT IF I CAN’T DO DRIVING SCHOOL TO AVOID THE POINTS FOR MY PINELLAS COUNTY TICKET?

If you have received a traffic citation for speeding, running a red light, failing to stop at a stop sign, or careless driving, one method that you can avoid “points” being assessed against your driver’s license is to take an “election” and do a driving school. However, in some cases, a client is not eligible to take an election.

Why Am I Not Eligible to Do Driving School?

The driving school option is only available to an individual five times in his or her lifetime. Thus, if the client has already avoided points five times by doing the school, he or she is not eligible on any subsequent tickets. Additionally, the driving school option may be utilized once every twelve months. So if you avoided points by taking the driving school in the past year, you are not eligible to do that again. Finally, there are some tickets that have a mandatory court appearance and cannot be resolved by taking the driving school. These tickets include speeding at more than 30 miles per hour over the speed limit, or any citation that results in serious bodily injury or death.

How Can I Avoid Points if I am Not Eligible for Driving School?

Just because you are not eligible for driving school that does not mean that you will definitely receive points. If you received a citation in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, contact our top-rated traffic ticket defense attorneys at Russo, Pelletier & Sullivan. Our team will review your prior history and the unique facts and circumstances of your case. In some cases, our lawyers can negotiate with the judge on your behalf to resolve your case for a “withhold of adjudication” which means that you will not get the points.

How do I Get Russo, Pelletier and Sullivan to Handle My Case?

If you need help with your Pinellas County Traffic Citation, contact our office at 727-578-0303. Our staff will schedule you with the first available appointment with our highly-rated traffic citation defense lawyers to discuss the facts of your case and develop the best strategy for avoiding points.

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DO I HAVE TO GO TO COURT ON MY PINELLAS 30+ OVER SPEEDING TICKET?

DO I HAVE TO GO TO COURT ON MY PINELLAS 30+ OVER SPEEDING TICKET?

Many people are surprised to learn that there are some speeding tickets that you cannot simply pay and do a class to avoid points being assessed against your license. If you have been issued a speeding ticket for more than 30 miles per hour over the posted speed limit, you will notice that there is not a payable fine on the ticket and instead, it will indicate a “mandatory court appearance.”

Can a Lawyer Help Me Avoid Going to Court?

The Pinellas Traffic Ticket Defense firm of Russo, Pelletier & Sullivan is frequently retained by individuals who do not wish to have to appear in court. In most cases, if our office is hired by an individual with a speeding violation, we can appear in court on the client’s behalf. This allows our clients to spend their time at work, caring for their children, or running their business.

Clients who choose to get our office involved in these matters have the benefit of three lawyers who appear in front of the traffic court judges daily. Our regular appearances in front of the traffic court judges allow our top-rated traffic ticket attorneys to have a good barometer for how the judge will rule in certain cases.

Can a Lawyer Help Me Keep the Points off of My License?

If you were cited with a speeding ticket that was more than 30 miles per hour over the speed limit, you cannot simply “elect” to do the driving school to avoid the points. However, that does not mean that points are a certainty. Our highly ranked Clearwater speeding ticket attorneys can present mitigation to the Court on your behalf and request that the judge not impose points. Every scenario is different, that the judge’s ultimate decision will rely on a number of factors, including your prior record of traffic violations, the speed alleged, whether you were in a school or construction zone, and your attitude and demeanor with law enforcement.

How do I Get Russo, Pelletier and Sullivan to Handle My Case?

If you have been cited for a traffic violation in Pinellas County, simply call 727-TICKETS (727-842-5387) to schedule a free consultation. Our attorneys will discuss the unique facts and circumstances of your case and develop a strategy tailored to fit your objectives. We have offices located in both St. Petersburg and Clearwater, but often can handle the entire consultation over the phone.

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SCHOOL’S BACK IN SESSION IN PINELLAS COUNTY:

SCHOOL’S BACK IN SESSION IN PINELLAS COUNTY:

Don’t get caught off-guard.

It’s that time of year again in Pinellas County. School buses, school children, and school zone speed limits! After months of driving the normal speed limit on our daily commutes in St. Petersburg and Clearwater, it’s easy to get caught off-guard and drive through a school zone without slowing down. Of course, in its campaign to raise awareness of school zones, our local law enforcement agencies have heightened patrols in school zones.

Penalties for School Zone Violations – That’s a lot of Milk Money!

Pinellas County Speeding in a School Zone InfographicWhile this is often the result of a small mistake, the penalties for doing so are large. Currently, the fee schedule in Pinellas County for speeding in a school zone are as follows:

  • 6-9 m.p.h. = $ 156.00
  • 10-14 m.p.h. = $ 306.00
  • 15-19 m.p.h. = $ 406.00
  • 20-29 m.p.h. = $456.00
  • 30 + m.p.h. = Mandatory Court Appearance

Laws Regarding School Zones

While it is easy to identify some school zones that are marked with flashing lights and those that are directly in front of a highly-trafficked school, others are more difficult to identify. There are several factors that all drivers must be aware of regarding school zones:

  • Firstnot all school zones are marked with flashing lights. Sometimes, the school zone is marked only by signs showing the decreased speed limit and the times those speeds are enforced. It’s easy to get distracted by your phone, radio, or passengers and simply not see it.
  • Secondschool zone speed limits are not enforced for the entire school dayFlorida Statute 316.1895(5) states, “speed limit[s] may be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a regularly scheduled school session and leaving a regularly scheduled school session.” Simply put, school zone speed limits are enforced 30 minutes before and after the children are regularly moving to and from school. This leads us to our next point.
  • Thirdnot all schools start at the same time. There are over 140 school and school centers in Pinellas County. Special attention must be paid during your daily commute to ensure you don’t get caught in one of these speed traps during enforcement times. The speed limit in a school zone during enforcement times is 15 m.p.h. so be careful!
  • Last but certainly not least, the fine associated with your ticket isn’t going to be your only concern if you find yourself in this unfortunate position. Points can be assessed on your license and you could see a significant rise in your insurance premiums.

Tips for Avoiding a School Zone Citation

As with any citation, if you are pulled over by a police officer for a speeding violation in a school zone, the officer will have the discretion to choose whether or not to issue you a ticket. Keep these tips in mind if you are pulled over by law enforcement:

  • Don’t Fail the Attitude Test. If you are stopped by the police, be polite and respectful.
  • Do Ask for a Warning. The worst the officer can say is no. A simple “I’m very sorry officer, is there any chance you would give me a warning” may be the difference between a ticket and no ticket.
  • Don’t be a Roadside Lawyer. If you are issued a ticket, the side of the road is not the place to dispute the ticket.

Call Pinellas Ticket Defense for a Free Consultation

If you find yourself charged with any traffic ticket in St. Petersburg, Clearwater, or other area of Pinellas County, we can help. We can carefully examine the facts and law associated with your charge. We will relay to you all of the options that exist in your case in our efforts to secure the best possible outcome.  Call our office for a free consultation to discuss all of your options. (727) 578-0303.

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HOW TO FIGHT YOUR REAR-END COLLISION CARELESS DRIVING TICKET

HOW TO FIGHT YOUR REAR-END COLLISION CARELESS DRIVING TICKET

Being involved in a car accident can be very stressful, even when there are minor or no injuries. It is understandable as we rely heavily on our vehicles to get us to school, work, grandma’s, and every other place we need to go. Additionally, cars are very expensive and most of us work very hard to own a vehicle. Just the thought of dealing with insurance can be daunting. What always makes an already bad situation worse? Standing on the side of the road, looking at the damage, and the law enforcement officer hands you a ticket. In many, if not most cases, the citation associated with your traffic accident is Careless Driving.

What is Careless Driving?

Careless driving is outlined in Florida Statute 316.1925. Careless driving is defined as: Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

What exactly does Florida Statute 316.1925 mean?

This is actually a very good question. This statute constitutes a type of “catch-all” for a limitless amount of undesirable driving actions or behaviors. If we break the statute down into plain English, we could say, “Everyone operating a vehicle must use due care towards everyone else.” In the eyes of the law, if you are not using due care, then you are acting negligently. A Careless Driving ticket is just that, a ticket for driving negligently.

Defenses for Careless Driving

When you are the at-fault driver of the vehicle that hit the back end of the vehicle in front of you, there is a presumption that you acted negligently. It is important to know, however, that this presumption can be disputed in Court. This does not just apply in civil court cases, but also in the traffic court in which your citation and case was assigned. There are three main areas the courts have found to be adequate defenses:

  • Mechanical failures (such as brake system failures);
  • Medical occurrences (such as driver suffered heart-attack); and
  • Sudden, unexpected stoppage (such as the lead vehicle slammed on her brakes).

Unfortunately, law enforcement doesn’t often concern themselves with the facts that lead up to the accident and instead just writes a ticket based on the presumption, since often times they did not witness the actual collision.

By far, the most common situation is the one that involves a sudden, unexpected stop. Now of course, there are an almost infinite number of ways this could happen. The more cautious the court believes a person should have been, the more likely they are to find that the citation for Careless Driving has merit. For example, there is often a difference between a rear-end collision occurring near an intersection, where extra precaution should be taken, and  a rear-end collision that occurs on an open stretch of highway. Likewise, a rear-end collision that is the result of an animal running into the roadway is quite different than running into the back of someone’s vehicle because you were doing the Kiki Challenge. The former is a great reason that a Careless Driving ticket should be dismissed, while the latter, will most certainly lead to a Careless Driving citation and likely a conviction.

The Take-A-Way

The most important thing to take away from this passage, is that a citation for Careless Driving is beatable, even if you are the cited driver in a rear-end collision accident. Although paying the ticket may be your easiest path, it is not the most prudent. Simply paying the Pinellas County Clerk of Court for your Careless Driving ticket will result in an automatic conviction in which you will receive points on your driving record. It is likely that your automobile insurance carrier will use your violation as an excuse to raise your premium.

If you have received a Careless Driving Ticket or other Traffic Ticket in St. Petersburg, Clearwater, or other area of Pinellas County, we can help. We can carefully examine the facts and law associated with your charge. Our job is to devise a strategy that will lead to the best possible outcome.

Call our office for a free consultation to discuss all your options right over the phone. (727) 578-0303.

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IS TAKING THE DRIVING SCHOOL MY BEST OPTION?

IS TAKING THE DRIVING SCHOOL MY BEST OPTION?

If you or a loved one recently received a traffic citation in St. Petersburg, Clearwater, or the surrounding cities of Pinellas County, you are likely worried that points may be assessed against your license that will result in increased insurance premiums. As a How to Avoid Driving School with a Traffic Ticket in Floridaresult, the objective for many individuals who contact our highly experienced traffic ticket defense law firm is to avoid a formal conviction and avoid points.

Driving School May Not Be Your Only Option

Most people know that taking a driving school may be a method by which he or she can avoid the imposition of points against his or her driver’s license. Often times, the police officer who issued the citation will inform the individual of this option. However, this option has its limitations.

First and foremost, there are only a limited number of times that one can use the traffic school. In that regard, an individual can “elect” to take the driving school only once every twelve months, and only five times in a lifetime.

Second, it may be possible to avoid spending four hours of time completing the driving school, while still avoiding the points.

The Option that the Police Don’t Tell You About

 In many cases, our top-rated traffic ticket defense lawyers can avoid the imposition of points through direct negotiation with the traffic court judge assigned to our clients’ cases. Our attorneys will advocate on your behalf and point out the mitigating circumstances of your case in an effort to secure a disposition from the judge in which the Court “withholds adjudication.” This legal strategy allows our clients to avoid a formal conviction while at the same time saving the driving school election.

What Steps Should You Take If You Received a Ticket?

 If you received a ticket for speeding, running a stop sign, failing to stop at a red light, careless driving, or any other moving violation, we would recommend that you take the following steps to ensure that you receive the best possible outcome for your case:

  • Look at the date on the ticket! You only have 30 days to take action with respect to the ticket. Your failure to do so will result in increased fines and a suspension of your driver’s license;
  • Call a top-rated traffic ticket lawyer. When you call our team of traffic ticket lawyers, we will explain all of the options that exist so that you can make a fully-informed decision as to how you should proceed.
  • Don’t Panic! After you retain our office, we will file the appropriate paperwork with the Clerk of Court which will stop the 30-day clock. Our team of lawyers has been representing individuals charged with traffic violations since the mid-1980’s. You can rest assured that you are in good hands.

If you have received a moving violation in St. Petersburg, Clearwater, or other area of Pinellas County, call our office to schedule a free consultation right away!

Pinellas Ticket Defense

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