Traffic points might seem innocuous but if you accumulate too many, there could be serious consequences. One option you may have is challenging the traffic points on your license. If you want to know more about challenging traffic points on a license in Ft. Lauderdale, work with a seasoned attorney that could answer your questions.
Filing a Challenge With the DMV
The likelihood that someone has of succeeding when challenging traffic points on license in Ft. Lauderdale depends on certain factors. If the individual believes that the points were received or given in error, they could file a challenge with the Department of Motor Vehicles, preferably with the services of a traffic defense attorney. If they choose, they could do it on their own by engaging with the Department of Motor Vehicles to challenge the records.
There are a number of different ways an individual begin the process of challenging traffic points on a license in Ft. Lauderdale without a lawyer. One way is by contacting the Department of Motor Vehicles directly in the main office in Tallahassee. Their website contains a customer service number. Locally, an individual can present themselves in most local DMV offices. Normally, the Department of Motor Vehicles would grant an individual’s request for a review, an informal or formal review of their driver’s license record, to make sure that everything is accurate, especially in the situation where somebody is claiming that the Department of Motor Vehicles does not have the right.
60 Day Rule
If challenging the points on their own does not work, the next option would be to engage the services of an experienced traffic defense attorney in Ft. Lauderdale to exercise the challenge and try to get the record fixed if it was an error. In a situation with points, there are a couple of ways that an individual could try to go back in time and have those points removed.
However. there are some time limitations for challenging traffic points on a license in Ft. Lauderdale. The general rule is if the individual can challenge the penalty on any given case or attempt to mitigate the penalty in any given case by exercising their rights under the Uniform Traffic Code. That challenge has to be made within 60 days of the disposition, not 60 days of the issuance of the ticket, but within 60 days of the final resolution of the case. There must be solid legal grounds to either overturn the case or change the penalty.
Exceptions to the Rule
The two exceptions to the 60-day rule are that any illegal or unlawful penalty or unlawful sentence can always be challenged, so that 60-day rule can be bypassed. In that rule they talk about excusable neglect. An individual can allege that there was a good reason why they could not challenge the sanction within the 60 days allotted by the rule in an attempt to get those points removed, but there has to be a legal reason.
Almost always, an attorney is better-equipped to file or make those challenges versus somebody acting on their own. The fact that it is causing a problem or that they do not like the points is not enough. Normally, there must be solid legal grounds. It has to be within the jurisdictional time limit and usually emotion-filed or some other penalty offered in exchange for the points being removed against somebody’s driver’s license.
Motion Hearings
More often than not, motions or requests to challenge points are reviewed by a chief traffic magistrate. They typically would review these requests without a hearing, because without a hearing it would be non-adversarial in nature. Typically, the attorney would prepare a motion with good legal grounds within the timeframe and file the motion. The motion would be presented to the chief traffic magistrate in Ft. Lauderdale and then the magistrate would make a ruling typically without a hearing.
It does not mean that there cannot be a hearing. Sometimes, attorneys file motions that specifically request a hearing, but they do that in limited circumstances. Normally, if a motion is done correctly and there is enough information in the motion, there would be no need for a hearing. Everything would be presented in an accurate, concise, and complete manner. If the magistrate reviews the motion and there is additional information that they feel is necessary for them to make a ruling, they could request the hearing. However, nine times out of 10 these types of circumstances and requests are done without a hearing. The request to remove points from the individual’s driver’s license record is done by motion and without a hearing in Ft. Lauderdale.
Working With an Ft. Lauderdale Traffic Attorney
If you are considering challenging traffic points on a license in Ft. Lauderdale, it is important to have an experienced traffic lawyer on your side. A qualified attorney will be aware of the 60-day rule and could help you file your challenge within the allotted period of time. Work with a traffic lawyer from Ft. Lauderdale, and know that you are in capable hands.
