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Cited for Careless Driving in Florida, but I Am an Ohio Driver. Can I Take the Education class?

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by ctsvcoupe, Apr 5, 2017.

  1. ctsvcoupe

    ctsvcoupe Law Topic Starter New Member

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    Jurisdiction:
    Florida
    My question involves a traffic ticket from the state of: Florida

    What is the name of your state (only U.S. law)? Florida

    I got cited for careless driving while I was on vacation in Florida. Was going quite fast, and the cop was in the opposite lane. Then he got behind me, and I may have peeled the tires a little bit when taking off.

    I assume even though I have an ohio drivers license, that the points will go on that and my insurance will find out if I waive it and pay, correct? Should I go back to florida and fight it? I see if you take a driver education class, they will withhold the adjudication and the points... but does that work if I have an ohio drivers license? What should I Do?
     
  2. leslie82

    leslie82 Well-Known Member

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    Yes it will take points off if it gets reported to Ohio.

    If you can take diversion or a driver class that gets rid of the ticket then do it. If you were just visiting Florida you can maybe do it in Ohio. I don't feel like searching it for you. You obviously have the Internet.

    I don't see why you would have to "fight it" if you can do a class.

    I was stationed in Kansas but I had a Nebraska license. I got pulled over for speeding after leaving base to go home. I thought the speed limit was 55 and I was going 57. I'm an idiot. It was 40. I was distracted with thoughts and obviously didn't see the sign that it changed. The cop tells me and he comes back with a ticket for going 17 over.

    I went to the courthouse in my town in Kansas. I was able to diversion and it never got reported to Nebraska so I didn't lose points. 200 + the ticket fee. As long as I didn't get in trouble in the next six months after it never happened.

    So yes you can get diversion if you have an out of state license but I was living there at the time not visiting.

    Maybe you should type your question into Google and find out the laws about this. Did you do that first before you came here?
     
  3. ctsvcoupe

    ctsvcoupe Law Topic Starter New Member

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    Plenty of times, smart ass. There is nothing posted anywhere relating to this situation, which is why I asked.
     
  4. leslie82

    leslie82 Well-Known Member

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    That's not how you get help from people. I would bet there is something about this somewhere on the Internet.

    Out-of-State Speeding Tickets Follow You Home

    Why You Should Fight an Out-of-State Speeding Ticket - National Motorists Association

    As stated hire an attorney. This may not be 100% specific to you but it's general info on getting a ticket out of state of your residence.

    Honestly I don't care what you decide to do but I did find some information. Obviously you didn't look very hard.
     
  5. mightymoose

    mightymoose Moderator

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    First things first, contact the court indicated on the citation and see if you even qualify for driving school. Some offenses make you ineligible and this sounds like it could be one of them.
     
  6. army judge

    army judge Super Moderator

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    This website MIGHt tell you EVERYTHING you want to know about how an out of state licensed driver can get help removing a FL issued traffic citation:
    ...
    ...
    Out of State Drivers Get Tickets
    ...
    ...

    This is where you check to see IF you are eligible to use traffic school for a particular citation in FL.
    ..
    ..
    Driver License Check
    ..
    ..
    I put in my data, and the answer was unknown FL license, or something on that order.
    But, you should try and see IF you get that result, too.
    If you do, it probably means a non-licensed FL driver can't avail herself/himself of traffic school to clear the citation.

    But, you can probably use "deferred adjudication".
    To validate my assertion, just ask any FL licensed lawyer.
    That starts with a couple telephone calls, or maybe emails on a FL lawyer's website.

    If DA is unavailable, you need to investigate hiring a FL lawyer to defend you.

    I do know that getting convicted of CD will increase your insurance rates, as soon as your carrier gets the conviction record.

    It should be easy to have a good lawyer simply negotiate a lesser offense.
    There are other remedies, too.

    Unlike a careless driving charge which is a civil traffic offense in Florida, reckless driving is a criminal traffic offense in Florida.

    Careless driving is governed by Florida Statute §316.1925 which states that, “Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.

    Careless driving citations are commonly referred to as the catch-all citation since they are often issued when the police officer can’t find any other specific traffic law violation that seems to fit the charge. In Florida, police officers commonly give a careless driving citation to the driver they believe to be at fault in a car accident. Careless driving citations are particularly common in rear-end accidents where the police officer did not witness the accident and the person who was rear-ended didn't see what happened or know why the accident happened.

    Careless Driving vs. Reckless Driving in Florida: What’s the Difference?
     

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