Does a FL Traffic Ticket for not wearing eye wear on my motorcycle-316.211(2) stay on my record and are points charged?

1 views 3 answers
I got a Florida traffic citation/ticket for not wearing eye wear on my motorcycle - FL Statute 316.211(2). Will it stay on my record when paid? Will I have points charged? Is there any class in that case to avoid points? Thank you.

Attorney Answers

3
Alberto Quirantes ·
This is a no points noncriminal traffic infraction. Some people pay these but they go on your record and may affect your future insurance rates. You can plead not guilty and take your equipment to court and show the judge that you are in compliance. That's one way to skin a cat. You can also call the clerk of County court and ask for a traffic school election under Florida statutes 316.14 subsection 9. Although this is a non-points offense, a criminal conviction will register as a conviction on your record and may affect your safe driver status. An election under the statute would subject you to paying minimal court costs, attending a four hour traffic school within 90 days, and it will not result in a conviction on your record. Under Florida statute 318.14, subsection 11, a withhold of adjudication in a traffic infraction is not a conviction for any purpose. This is different than a criminal withhold of adjudication case, where a conviction is a finding of guilt, regardless of adjudication, for many purposes.
0 upvotes
Miguel Amador ·
Mr. Quirantes hit the nail on the head. This is a simple citation for equipment that may possibly be disposed of by the court if you set it for hearing and show compliance. The court will likely offer a withhold based on a lack of a prior record which means no points if that is the case for you. The only thing you should most definitely not do is just pay the ticket. Points are assessed and an admission of guilty is applied when a driver simply pays the ticket. Good luck to you!
0 upvotes
Michael Haber ·
Apart from paying it (which my esteemed colleagues and I all agree is your worst option) your interests are almost always going to be best served by hiring and having a trained ticket lawyer handle your case. Ticket lawyers are generally intimately familiar with the law, defenses and perhaps more importantly, with the Court and the cops. You should receive (or have received) several solicitations from ticket attorneys shortly after being cited, but if not, then Google "Orlando Ticket Lawyer" and you will have plenty to choose from. I hope that this has been helpful and wish you the best of luck!
0 upvotes