Criminal Traffic

Driver Improvement Courses -- Frequently Asked Questions

DUI Vehicle Impoundment

Traffic Stops And Road Blocks

Check The Status Of Your Driver's License

Criminal Traffic

Pinellas DUI Attorney

DRIVING WHILE LICENSE SUSPENDED OR REVOKED

At The Law Office of Timothy Hessinger, P.A., my firm focuses its efforts on (1) minimizing potential criminal penalties and (2) helping our clients obtain a valid Florida drivers license.

Driving While License Suspended or Revoked ('DWLSR') is the most common criminal traffic charge prosecuted in state court.  In Florida, a driver license can be suspended for many reasons:

• DUI suspension
• Point suspension
• Failure to pay child support
• Failure to pay a ticket
• Failure to pay a judgment
• Failure to appear in court
• Habitual traffic offender 'HTO'
• Conviction for Drug Offense
• Conviction for Theft 

Florida law provides that three (3) or more DWLSR charges occurring within five (5) years of one another will result in the driver being designated a Habitual Traffic Offender, (HTO).  A HTO suspension carries with it a mandatory 5-year loss of driver license. Furthermore, an HTO arrest will be charged as a 3rd degree Felony.  The penalties for DWLSR range from a small fine, to a 3rd degree Felony carrying with it a maximum prison sentence of 5 years, $5,000.00 fine and 5 years probation. 

Because of the potentially serious and long lasting effect of these offenses, it is important to seek representation from a lawyer skilled in handling these matters.  Please contact  my office to schedule a FREE INITIAL CONSULTATION.

OTHER CRIMINAL TRAFFIC CHARGES

My firm also represents clients accused with all other criminal traffic charges including:

• Reckless Driving
• Leaving the Scene of Accident
• Violation of Business Purpose license
• Driving While License Suspended or Revoked
• "HTO" Habitual Traffic Offender
• Racing on Highways
• DUI with Serious Injury
• Violation of "BPO" Restrictions
• Invalid Driver's License
• Leaving the Scene of an Accident with Injury/Property Damage
• Expired or Altered Tag
• Fleeing and Eluding

Contact

Contact my firm today for a free initial consultation. Out of state clients are welcome, and weekend and evening appointments are available.

Driver Improvement Courses
Answers to Frequently Asked Questions

Who may choose to attend a Driver Improvement course?

Any person charged with a moving or non-moving traffic violation that would result in points being assessed to their driving record, may choose to attend a driver improvement course.

Exclusions:

• All criminal violations
• CDL drivers who are charged with serious traffic violations while in their commercial motor vehicle

What is the benefit of attending a driver improvement course?

Attending a driver improvement course to satisfy the violation is entered on your driver record as "adjudication withheld." In other words:

• no points will be assessed against your driver license,
• the civil fine may be reduced up to 18 percent and
• your insurance company cannot impose an additional premium or refuse to renew a policy for motor vehicle insurance solely because the insured committed a non-criminal traffic infraction with the exceptions of a second infraction within 18 months, a third infraction in 36 months, or exceeding the speed limit by more than 15 mph.

Do I have to pay the civil fine when I attend a driver improvement course?

Yes, the civil fine may reduced up to 18 percent as required by law. For the exact cost of the civil fine, contact the Traffic Division of the Clerk of Court in the county where you received your citation.

How can I choose to attend a driver improvement course?

You may go to the Clerk's office in the county where you received the citation or if the officer provided you with an envelope when you were cited for the violation, you may use it to indicate your intention to attend a driver improvement course. Read the affidavit attached to the envelope carefully.

Within 30 calendar days of the date your ticket was issued, complete the affidavit, have your signature notarized and return the affidavit to the Clerk's office in the county where you received your citation. Mail the affidavit early enough to ensure it is received in the Clerk's office within the 30 calendar days.

Check with the Clerk's office in the county where you received your citation to see if the civil fine accompanies the election affidavit. You will have between 60 and 90 days from the date of the ticket to complete an approved course and submit the completion certificate to the traffic division of the Clerk's office.

For exact information, consult the traffic division in the Clerk's office where you received your citation. (In the phone book, look under your county government listing for Clerk of the Court.)

Do I have to pay to attend a driver improvement course?

Yes. The cost ranges between $22.95 and $45.

Do I need to do anything else after I attend a driver improvement course?

Yes. You must present the completion certificate to the Clerk's office in the county where you received your citation. Please consult with the traffic division in the Clerk's office in the county where your received your citation for their exact requirements.

Can I change my mind after I sign the affidavit to attend a driver improvement course?

No. Once you notify the clerk of your intention to attend a course, you have between 60 and 90 days from the date of the citation to complete the course and present proof of completion. Please consult with the traffic division in the Clerk's office in the county where your received your citation for their exact requirements.

What happens if I choose to attend and do not?

A person who chooses to attend a driver improvement course and has paid the civil fine, but fails to attend the school within the time specified by the court is considered to have admitted the infraction and is adjudicated guilty. In this case, the person must pay the clerk of the court the amount deducted because of the election to attend a course, a $10 processing fee and a $16.00 late fee. No additional penalties or court costs are imposed. The clerk of court will notify the department of the person's failure to attend the driver improvement course and points for the violation are then added to the individual's driving record.

How many times can I choose to attend a driver improvement course?

You can choose to attend a driver improvement course once in any 12-month period and no more than five times in your lifetime.

Where can I get more information about choosing to attend a driver improvement course?

See Link for DUI Program and Driver Improvement Courses

If I live in a county different than the one where I got my citation, what do I do?

Contact the traffic division of the Clerk's office in the county where you received your citation for their specific requirements.

If I choose to attend a driver improvement course and do not attend, does this count as one of the five times I am allowed to choose this option?

Yes. Once the affidavit is signed and recorded by the court you may not choose the school option again for 12 months and all payments are forfeited.

Where can I find information on where to attend an approved driver improvement course

See Link for DUI Program and Driver Improvement Courses

Are procedures and fees the same in all Florida counties?

No. Each county has its own procedures for this process. If you have any questions, contact the traffic division in the Clerk's office in the county where you received the citation.