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Law Tutor, Esq.
Law Tutor, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 163
Experience:  N/A
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I was given a citation by the miami police dept. for an

Customer Question

I was given a citation by the miami police dept. for an accident cause by the other party. I was able to get a copy of the red light camera showing the accident. due to the citation my insurance have me pay the deductible; now how do I have the citation change and recoop my money?
Submitted: 2 months ago.
Category: Traffic Law
Expert:  Stacy Adkins replied 2 months ago.

Hi, thanks for your question. I'm Stacy. How long ago did you receive the citation? Usually, there is a time period wherein you can appeal or challenge the citation and request a hearing. Has that time passed? If not, contact the court and request a hearing. At that time, you could go in and present evidence of the red light camera that showed you were not at fault and the judge should dismiss the case based on the facts you have presented.

Customer: replied 2 months ago.
Citation was given in June, Have to wait until they sign off a release so I can get a copy of the tape
Expert:  Stacy Adkins replied 2 months ago.

Unfortunately, short of getting the officer to dismiss the charge or having evidence to the contrary presented to the court and insurance company, I don't see any options for you. Let me opt out and see if another expert has any suggestions. Please standby.

Customer: replied 2 months ago.
Tks I will f/u with the courts
Expert:  Law Tutor, Esq. replied 2 months ago.

Hello. I am an attorney with over 20 years of experience and I look forward to assisting you today. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I just wanted to add to the information that the other attorney gave you. You indicated that your citation was issued in June. When you contact the court, first find out if your court date has already passed and if so, what was the outcome. It is my understanding, as with many jurisdictions, you may have 60 days to file a motion for a rehearing or motion for reconsideration. If so, you will need to file that motion before the 60 days have expired. I highly recommend that you hire a traffic attorney in your local area to assist you with this. If you are able to get the tape that clearly shows that the accident was the other person's fault and not yours, this would be worth fighting. I hope this helps.

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