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Careless driving and reckless driving citations are often confused. However, there are some important distinctions. While both citations indicate that a motor vehicle is being operated in an irresponsible fashion, the potential penalties are very different.In Florida, careless driving is defined as failing to drive a motor vehicle in a careful and prudent manner. There is no analysis as to the driver’s state of mind. Conversely, reckless driving is defined as driving a motor vehicle with willful or wanton disregard for the safety of other people and/or property. The intent of the driver should be taken into account when issuing a reckless driving ticket.

Careless driving can carry a hefty fine and points on your license but it is not a criminal infraction, whereas reckless driving is a criminal offense that can carry a jail sentence in addition to fines and points.

If you receive a ticket for reckless driving, the prosecution must prove your state of mind – that you operated the vehicle with willful disregard for the safety of other people and/or property. This is often difficult to prove, so given the hefty penalties of a reckless driving ticket, you should consider fighting it if you receive one.

If you have received a careless driving or reckless driving ticket and have questions, call The Ticket Clinic at 1.800.CITATION. We handle careless driving and reckless driving tickets in Florida, California and nationwide.

Without fail, the number one question posed to traffic ticket attorneys is “how do I get out of my speeding ticket?” There is no magic spell that will guarantee dismissal of your speeding ticket, but consider some of these tips:

• 1) Before you simply pay the fine, know the risks. Paying your ticket is an admission of guilt. Points may be assessed on your driver’s license and your insurance premiums will likely go up.


• 2) Generally, you have 30 days from the date you receive your ticket to contest it. You should plead “not guilty” and wait for your day in court. Be careful not to miss the deadline!


• 3) This should go without saying but make sure to show up to your court date. All too often we see people who miss their court date and wind up with a suspended driver’s license. If you must reschedule, you can file a motion for a continuance up to 5 business days before your hearing.


• 4) Consider hiring an experienced traffic ticket attorney to help you through this process. The Ticket Clinic has defended over 1 million traffic tickets and may be able to help you. Call us today at 1.800.CITATION.

With the holiday season upon us, ’tis the season to celebrate, and also a time to be careful and mindful of drinking and driving. The best course of action is to avoid drinking when there is a chance that you will need to drive. Police are particularly aware of the season, and the fact that many people are celebrating. Choosing a designated driver or calling a cab is the best option whenever possible. At the Ticket Clinic, we are often asked “what should I do if I am stopped for a DUI“? The answer has always been the same: it depends on the circumstances.

The investigating officer will request roadside sobriety exercises after the traffic stop and a breath/urine/blood test after the arrest. The general rule is that the more that you participate in the investigation, the more evidence that you are providing for the officer. There is no requirement to submit to roadside exercises (walking the line, finger-to-nose, balance, etc.) and there are no administrative consequences for refusing to complete them. If there is ANY chance that you won’t perform well, consider politely refusing to participate and asking to speak with your lawyer before you complete the exercises. You are not entitled to a lawyer at this point, but it should limit further questioning by the officer. Chances are, by refusing to perform the exercises, you will be arrested, spend at least 8 hours in jail, and then be given the chance to bond out of jail (traditionally $500, but it could be more or less). If you feel that you will pass the exercises, you can give them a try, but make sure that you advise the officer of any injuries or illnesses that might effect your performance. Remember, if you do not perform well, that will be used against you in court! It’s easier to explain to a jury that you refused the exercises because you wanted to talk to your attorney first, as opposed to trying to explain why you couldn’t walk the line, touch your nose or balance properly.

If a police office requests the breath/urine test, it is a requirement under Florida’s Implied Consent Law. This law says that by driving in Florida, a driver agrees to take such a test if requested by a police officer. However, this doesn’t mean that you have to take it. If a person refuses, there can be consequences, including suspension of the license. It’s important to remember that failing a breath test (.08 is the limit in Florida) will also result in a suspended license. In most situations, a person is entitled to challenge the suspension (for a breath test or a refusal case) and hardship permits may be granted, subject to certain limitations.

Our opinion: If there is ANY chance that you will fail the breath test, politely refuse it, asking to speak with your lawyer. You are still not entitled to a lawyer at this point, but it provides a good reason for not taking the test. It is easier to explain to a jury that you refused the test because you wanted to talk to your lawyer first, as opposed to trying to attack the credibility of the test result later. In Florida, a 2nd or subsequent refusal to submit to testing (breath, urine, blood) is a separate crime, so a person who has refused in the past needs to consider this when deciding to take or refuse a requested test.

Remember, planning is the key to avoiding this type of a situation. Having a designated driver or calling a cab or a friend might be a decision that saves you a lot of time, money, stress and aggravation.

The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. DUI laws differ by jurisdiction, and the information on this blog may not apply to every reader. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and The Ticket Clinic.

It is illegal to drive with a suspended license in Florida – most people know that. But we are always amazed at the number of people who drive anyway, knowing that their license has been suspended. We get it – you need to get around. But knowingly driving with a suspended license is a criminal offense and can result in jail time and having your drivers license revoked for up to five years! Even if you did not have knowledge of the suspension, you may still face civil penalties.

There are a variety of reasons why your drivers license might be suspended, including (but not limited to) failure to appear in court, failure to pay fines or court costs, DUI refusal or arrest and child support delinquency.

If you are caught driving with a suspended license, consider speaking with an experienced traffic law attorney who can work with you to try to get your driving privileges restored. The lawyers at the Ticket Clinic have defended over 1 million traffic tickets, in Florida, California and nationwide. If you need advice about your suspended drivers license, call us today at 1.800.CITATION.

At The Ticket Clinic, we are constantly fighting the battle against red light camera tickets. red light camera tickets. You may already know this but if bears repeating – you can also get a red light camera ticket for making a right turn on red if you don’t come to a complete stop before turning. However, the law allows drivers to make a right turn on red if the turn is both permissible (i.e. there is no sign saying “No Turn on Red”) and “reasonable and prudent.”

The vague “reasonable and prudent” language, which is entirely subjective, can work in your favor since people will differ on what they consider to be reasonable and prudent. A good traffic ticket lawyer may be able to help you fight your red light camera ticket. If you received a red light camera ticket for making a right turn on red, before you simply pay the fine, which starts at $158, consider talking to a traffic ticket lawyer. The Ticket Clinic is leading the charge against red light cameras throughout Florida and California.

It is no secret that Florida law requires drivers to carry car insurance. But what happens if you are not insured?

Earlier this year, South Florida law enforcement officers attempted to crack down on uninsured driving, following reports that nearly 24% of all Florida drivers do not have car insurance coverage.

If you get cited for failure to have insurance, your drivers license may be suspended for up to three years or until you provide proof of insurance and there is also a fine to reinstate your license that can range from $150 to $500. But that’s not all. If you get into a car accident and you are uninsured, the potential consequences can be significant. If you are at fault and the other drivers suffer injury to their person or property, you can be personally responsible for the cost. There is also a risk that you will lose your driving privileges until the damages are paid.

The best course of action is to make sure that you are insured within the limits required by Florida law – minimum coverage of $10,000 of personal injury protection and $10,000 of property damage liability. If it is too late and you already received a ticket for driving without car insurance, there are some things you can do to mitigate your exposure, including purchasing SR-22 insurance after the accident. If you have questions about your citation for failing to have proper insurance, call The Ticket Clinic today at 1.800.CITATION. The lawyers at The Ticket Clinic have defended over 1 million traffic tickets in Florida, California and nationwide.

Careless driving tickets are often issued after an accident when the police officer, who generally arrives after the accident has already occurred, issues a ticket based upon what he or she has been told. Careless driving tickets are issued pursuant to Section 316.1925, Florida Statutes, which defines careless driving as follows: “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.”

Since the officer issuing the ticket most likely did not witness the accident, he or she cannot testify in court about what occurred to cause the accident. Without a testifying officer, the state is left questioning the drivers and any witnesses who may have provided their information to the officer. This is important because while police officers have experience testifying in courtrooms, lay people generally do not and might be nervous or unprepared. Also, while a police officer’s title and uniform might cause a judge to assume an officer is telling the truth, that unwritten rule does not apply to lay people. Finally, it is important to remember that accident reports are not admissible as evidence pursuant to Section 316.066(4), Florida Statutes. Thus, the accident report and its contents are not evidence. Most people do not know that!

Do you have a careless driving ticket? If you want to speak with a traffic ticket attorney for more information, the lawyers at the Ticket Clinic have defended over 1 million traffic tickets, including careless driving tickets, in Florida, California and nationwide. We concentrate solely on traffic-related offenses.

So you went out of town this weekend to visit some relatives and as your cousins started bickering about whose turn it was to take home the leftovers, you hopped in your car and sped back to your hotel with a slice of pecan pie riding shotgun on a napkin. And then you looked up to see flashing blue lights in your rear-view mirror. Happy Thanksgiving. You just got an out-of-town speeding ticket. Now what?

Unfortunately, if you receive a ticket out-of-state, it can become part of your driving record in Florida. If the violation carries points in the state where it was issued and you pay it, the points will end up on your driving record. The Sunshine State will not allow you to take school in Florida to remove points from a ticket received in another state.

Some states may allow you to take traffic school in that state, but depending on how far you traveled for Grandma’s turkey, that might not be feasible. You can always fight the ticket, but keep in mind that you might have to make another trip to the state where the ticket was issued. You may also consider hiring a traffic ticket attorney with experience fighting out-of-state tickets who can handle the matter for you.

The Ticket Clinic has handled over 1 million traffic violations in Florida, California and nationwide. If you have any further questions, call us at 1.800.CITATION.

We all know drinking and driving is bad and that you should think twice before getting behind the wheel after a long Saturday night. Maybe you thought one more drink wouldn’t hurt, but it happened – you went out, you drank too much, you drove home and you got pulled over. DUI. Now what?

A DUI is very serious because it carries possible criminal consequences. Also when you get a DUI, the Florida DMV immediately suspends your drivers license. The process to regain your driving privileges may be complicated. For example, if you fail to request a review hearing within 10 days, you lose the right to contest the suspension of your drivers license. Even for a first DUI, the automatic suspension is 6 months.

A DUI is not your average speeding ticket that you can handle by yourself. Instead, talk to an experienced DUI attorney at The Ticket Clinic. Our DUI lawyers concentrate solely on the art of defending DUI’s in Florida, California and nationwide.