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I need help with Traffic law in FL regarding wearing seat belt. I went to court this past Tuesday and thought I might get a fair hearing or at least the judge would listen. But she seems to want to show me who is in power and put me in my place. I went in with the intend to settle but she want me to pay. The ticket was $114.00 in GA is only $15. I knew in FL and GA this is fine only with no point. She told me either takes $114 and no point or hit the street. I was willing to pay half just to save time. Even as early as last week I want to fight and have a fair trial. I walk away from the court believe that the judge and officer just want to generate revenue for the city of Jacksonville FL. My court date is May 2 with the same female judge who I knew now would not be fair and side with the officer regardless of facts. How can I fight this? How would I get a fair trial? In the last 5 years I got 2 not wearing seatbelt ticket, and 1 speed ticket. And that would not look good. Since he beginning of 2012 I want to avoid no seatbelt ticket even is only $15.00 but it is a waste of money. And now this!!!
I have unlimited plan but willing to pay bonus for extra service or good service, you name your bonus.
Here is the background, some one please help.... On Jan 17, 2013, I had a minor car accident when I met Officer Brown around 8:15 AM. He helps write the accidental report. I went to work and felt dizziness, I asked my manager to leave so I can go home resting for the rest of the day. I left work around 11:30. I was driving very carefully, it was hard to focus but I manage my condition just fine. On the way home I met Officer Brown, he was driving he vehicle, he was in front of me on the other lane. He signal me to open my car window, I couldn’t because I had power-window problem, so I opened the door. He asked me if I was the same one that had car accident this morning that he helped; I confirmed then he waved his hand. Few minutes later I noticed him behind my car then turn on his official police flashing light, I pull over in a car dealer parking. He told me I was lucky early in the morning, but he must now give me a not seatbelt ticket, I told him I was wearing my seatbelt. But he did not listen and ask me for my driver license, then later give me the citation. Thanks Tam
Hi I am an attorney and will be assisting you with your question.
I want to be sure i understand your question. Can you clarify?
good morning, thank you for taking my question, what do you need more info about?
please send me an email and let me know when you back in chat room, the next 2 days I am not working and will be available from 8AM - 11PM thank you
Good afternoon :-) Are you there?
Hi, I'm sorry I missed you yesterday. If you still require assistance i am available to assist you now
Or we can connect another time
I'm standing by awaiting your response.
I am a criminal defense attorney, hoping to work with you. The questions I had to clarify were as follows: To make sure I understand, You received a ticket in florida for not wearing a seat belt. Question one: Do you have a florida or Ga. license?
Second, when did you pay the ticket and did you receive a reicept from the court indicating you paid your fine. If not, you may go to the court clerk and obtain a "certificate of disposition." Not only does this document show that you have no outstanding criminal matters, you should also obtain a similar document from the department of motor vehicles which shows that your payment of the fine FULLY SATISFIES the ticket and that NOTHING FURTHER is requried of you. You probably want a print out indicating that your license is fully active and valid.
3) if your question is "Why doesn't my payment in Florida satisfy Georgia?" please let me know so I can cite the VTL which would make this conundrum legal.
Finally, when you are satisfied with the work I have provided for you, please rate my answer three or more stars so that I get credit for my work. Please ask as many follow up questions as you need to, even afterrating my answer. Please do not rate until you are satisfid.
Are you online right now/
Sorry I missed you due to problem with this chat comm ... I am on since 3PM and could not connect with you!!! I have Valid GA license. I went to court with intent to settle but the judge give me no choice but plea not guilty!!! Ned some advice of handling this type of offense. First how do I have a fair trial, second if I go to court can the judge increase my fine plus assess points? I am working in FL but perm resident and DL from GA
I finally got your information that you provided. Please give me a short time to conduct some research so that I can give you the most accurate answer possible and I will post what i find on here. Is that acceptable? One more clarifying note-the judge who you said would not allow you to plea to anything, that was the Fla. judge?
Yes ... I got ticket in FL. I believe her name isXXXXX but not 100% sure, she is in court room 411. She asked me several funny questions then making fun of my driving record, the proceed with the ful amount fine of $114.00. I was upset and want to fight it now! Already lost 2 unpaid working hours! Please help.
Thank you. I got the CoD, what kind of info do you need on special disposition remake I saw 5.2.13 pam 411. with plea: Denied, continued to 5/2 9am #411 with witnesses (there were no witnesses except me, officer and god).
I thought it was a hearing/trial but the police officer and/or state attorney was not there. And it willl continue on May 2, 2013 at 9AM. Thank you.
Good morning :-) I am still waiting. Did want to put any pressure on you but wondering will I hear from you by this weekend? Thank you.
No problem J
I rather you got it right instead fast but misleading or wrong L
That is exactly my point. He was not there at the time the accident occurred. Plus I did not think it was fair for him to make that kind of statement. Like he did me a favor earlier and now decide to not able to grant another as one is the limit!!!
The judge also bias and unfair but she is the Queen in court and I am afraid of upset her. But I hope the law “forces” her to follow the rule.
If he saw me without seatbelt; he should have stop me instead of asking me about previous accident. After went away then turn right back, I hope he has a camera or video to support his facts. Most likely he does not or did but not saying so. So is my word against his and most likely the judge will side with him which is totally unfair. It is just $114.00 with no point and so far I have wasted 2 working hours and many more for the hearing. But I am fighting for the principle!
But I don’t know the law that is why I need your help and I will compensate you for your effort. I rather pay you than those bastards.
On your response on 4/4 at 9:46 AM, you stated that you would need more time to do additional research.
“I will find those details in the criminal procedure law. I look forward to getting back to you, and this, in just a little while.
That is the portion of the code dealing with penalties.”
I assumed you would get back to me will clearer and more detail of what I need to prepare for my May 2 hearing date.
Let’s assumed this is all you got. I can take this and prepare my case.
But let’s play court hearing situations.
This is base on what I said that he told me. On that date if he said that he saw me not wearing seatbelt and issued me the ticket at the time I violate the law but he has no picture no video to support his side. And he said I did wear seatbelt. The judge would look at my driving record and yes during my 30 years of driving I did twice not wearing seatbelt. But I have no history of this officer if he ever makes up story to support his citations. SO the judge will have to make a decision with no real facts or related facts and most likely she would cite with the officer. This is unfair, but how am I going to fight this? Do you have any info that I can use to defend myself?
One final question, I thought the presumption of innocence until proven guilty and the officer must prove the charge against me beyond a reasonable doubt. Is that still the law of the land?
Thank you! You are the best, XXXXX XXXXX be sign on around 10:30 PM EST if you needed me or more info. Have fun with your meeting.
Hello-I wanted to let you know I'm online right now so please ask me any specific questions you might have. I have to unpack that seat belt statute and the infraction law again to present to you. SOrry if you have given me this information but what county in Florida did this occur? I easily found that if you were to just plea out, the ticket would cost you $30 and no points. but after that, if you fight the ticket, procedures vary amongst counties. I will gladly look into this for you as soon as you tell me the county. Since the majority of infractions fought are speeding tickets, finding information about no seat belt is more challenging...but I like a challenge. Look forward to hearing from you.
That is great if you can do that. The ticket was issued in Jacksonville FL in Duval county.
Thank you for your help.
Wow, I am speechless …
Let me summarize what you just told me. Regardless of facts the judge can fine me base on my driving history alone and can fine me up to $1000.00.
What happen to the presumption of innocence until proven guilty! The officer did not have to show up or prove that I did it. And the judge was not there but able to make her decision base on no facts and my previous driving record!!!
Is this is Florida law or this type of logic is what we are facing with in this wonderful country – USA.
So why bother with the hearing or the law book, we just donate money to the city so the can build better court and pay the judge and the police officer!!!
Last, what about what you have told me last week that the officer has no right to issue me that ticket as it was after the fact!
Perhaps I misunderstood the info you have provided.
All I ask is just a fair hearing and a fair judge.
What is the point of fighting when you are facing with this stupid law that the judge can do whatever she please and completely disregarding the law or fairness!!! How could this happen is USA?
So give it to me straight, am I going to have a fair trail? They can jack the fine up to their eye ball if they wish, as long as they give me a fair trial, I game.
Update: You also once told me, "I easily found that if you were to just plea out, the ticket would cost you $30 and no points", what happen to that? Is that a valid option for this stupid Florida state?
I am so upset reading your input/feedback/advice, could not believe this is the USA!!!
It is not you it is the stupid system that we elected those unfair judges to drive us nut!!!
After a good night sleep, I could not upset at the system but need to work within it with your help and knowledge, so please help me. I will fight this and hope for a fair judgment. I am thinking or planning to ask him me following questions during my trial:
Do you have any picture or concrete facts to support what you saw that I did not wearing my seatbelt or video. Do you have a video in your car? was it on when you stop me.
When did you notice that I did not wear seatbelt? Why did you stop me instead of asking was I the same one you stop earlier in the morning?
Why did it take 10 minutes to stop you?
Were you "seat belt enforcement" detail, "looking" to cite people for driving w/o a seatbelt. If so, how many seat belt tickets did you write that day?
How many seat belt tickets did you write on the day I got the ticket?
Was there any other traffic that obstructed your view so that you didn't see me wearing my seatbelt?
Why did you drove away then decide to turn back and cite me for not wearing seatbelt? Did you notice additional fact that make you decide to give me the ticket then?
Did you take times to listen to my explanation?
What condition was I when you stop me the first time and the second time when you give me the citation? Was I tired and sweating?
I need to be calm thru out the process.
Any additional questions I should ask? What is my chance base on what you knew?
What ever you could help that would be greatly appreciated.
Actually I think we did not finish or complete this question, but I respect your wish and rated you. so you would feel comfortable to continue ... looking forward to complete this issue and thank you for your times.
I have limited access to computer right now and have other matters need to take care of ... I should be back in FL by Monday. Thank you
First of all, I have a family matter that took me away from Jacksonville … I am back and ready to receive your advice and fight this case as it is schedule for May 2. 2 weeks from today!!!
I trust your judgment but wish that you would get straight to the point how I can win this case or at least have a fair hearing.
What you have explained about cross examination is very useful, but I do not have years or even weeks to be expert at this. I just want to win this.
I have listed a bunch of questions and hope that you would advice or point me to a right direction.
BTW, I have no problem of rating you, and truly understood you would get pay 100 times more than that. But seriously I am a result oriented kind of person, and I also hope you are in it for fun and challenge not for the money. You will get compensate well base on the result of this case with bonus.
I have read all the info you have provided unless I miss something, please be kind to point them out. First you did give me hope that you seem to like good challenge. Then you start giving me bad news about the judge can fine me up to $1000.00 even without the officer show up just base solely on my previous driving record; then you finally give me some pointer on cross examination; I thought we are on to something; then now base on this last reply, it seem like your hands are tied and that is all you can advice or help.
I felt like I get a lot of running around and since March 29, after more than 2 weeks I am just little better than I was after I saw that judge.
But I do appreciate your times maybe that is just my luck.
Great ... I think it is just a miscommunication and bad assumption. Great example, I never said that you are afraid of challenge nor even have a thought that you are afraid of challenge but you assumed I said that.
I am looking forward to receive your clarification.
Thank you for your times as always.
I do understand ... The only reason I call JUSTANSWER because the question is closed but they said if you do not touch it for 8 hrs it would. It really did not make sense but I asked them to reopen it but they refuse and call you instead!!!
And yes take as long as you want but my court date still May 2 unchanged and I need the info before then.
Last Tuesday early morning, you wrote, “let me work on a summary later today. I hope this will be satisfactory.”
I have waited. And today I received 2 responses, both of them with good info. And useful too.
I am trying to tie all the info you have provided so I can be educated with my case, knowing the judge will BS her way and get me to pay her unfairly. It is not a comfort feeling.
I agreed knowledge is power … but that only count in front of a fair judge, base on my interaction with her the first time plus the Florida law, you cited early … I am death!!!
I am more than happy to give you my citation but I rather do it privately than post it on the website for the world to see including that unfair, closed mind judge.
Follow-up 4/19 8;21pm EST
Are you there? Need to hear back from you still thanks ...
Great ... Let's meet online tonight. Let's say 7PM or 10PM would be better for you?
PS And thank you!
Thanks ... see u at 7 PM EST
It is 6:59 I am here ....
Got your "last minute" postpone at 6:57 PM. 9 if fine
Hello .... I am still here 8:15
9:00 are you there?
9:11 call me please XXX-XXX-XXXX
It is 10PM
10:22 Close to 9!!!
Hi I'm here tonight if you need to talk. I also thought that if you had questions we could work on them more instantly which makes me the minority in NY an in as uses.
I really am sorry for missing our "date" as I was looking forward to it. I hope we can still connect. It's challenging to balance city life and the limited allowances of JA at times. Please accept my apologies.
Did you print out our communication?
Been waiting since 6:59. Please clarify your recommendation ...
What is the best way to interact with u online?
And yes I have the print out
10:45 are you there? call me
10:49 start hate this website ... or maybe the service!!! Still waiting ... I am online, you are online but couldn't connect ... suck!!!
I am still here and frustrated that I can not be in touch with you. And you know my phone # XXXXX not able to call!!!
I don't think it's allowed at all on this site, unfortunately. It could get us both in a lot of trouble. But just so you know, I am picking through all the work with a fine tooth comb to create something you can take with you to your hearing. It's a 14 page exchange so it takes time to be meticulous but I'm up late working on it. You can ask mne questions here in the mean time tonight and I am here to answer them.
Thank you! :-)
I am online so if you communicate with me for a little bit. If you need me tonight leave me a question otherwise, we'll talk another time. IF you've been especially imporessed by my work and feel a bonus is appropriate it would be very much appreciated! At any rate its been a pleasure serving you.
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