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socrateaser
socrateaser, Attorney
Category: Traffic Law
Satisfied Customers: 38128
Experience:  retired (mostly)
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I live in Florida (Miami). Received ticket for non-criminal

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I live in Florida (Miami). Received ticket for non-criminal moving violation three weeks ago (crossing a yellow line/improper passing). Opted for traffic school but my quick record review says I am ineligible for school because I have completed five courses in my lifetime which is the maximum. This rule refers to basic 4 hour courses but I read that I could do an 8 hour course if I did not qualify for the 4 hour course. I signed up for an 8 hour online course but now I looked at my records some more and I have done an 8 hour course which is supposed to be a one time deal (completed in January, 2011). I have yet to send in ticket for current infraction indicating I a doing traffic school but it says once enrolled in 8 hour course I must complete it. So what happens if I complete this 8 hour course that I may not be eligible for? Should I contact DMV or request court hearing to discuss with a judge? Have I committed a crime by signing up for the 8 hour course I may not qualify for? Also, should I go to court, plead no contest and ask to complete the course?
Hello,

You asked:

So what happens if I complete this 8 hour course that I may not be eligible for?

A: The class certification will be ignored by the court and the DMV

Should I contact DMV or request court hearing to discuss with a judge?

A: Judge's don't generally "discuss" legal process with defendants. If you believe that you have found a rationale for your being permitted to use the eight-hour course, then you would prepare that rationale in a brief, and the if your certificate is rejected, you would bring a motion to the court to order the certificate approved.

Have I committed a crime by signing up for the 8 hour course I may not qualify for?

A: Not at all.

Also, should I go to court, plead no contest and ask to complete the course?


A: Contact the court clerk and ask if the county permits you to use the 8-hour course. The privilege of using the 8-hour course varies from county to county.

Hope this helps.
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