A moving violation that is issued as a result of an accident carries 4 points on your license if you were to just pay the ticket.  Our office receives numerous calls from people who have been issued an infraction following an accident.  In most situations the officer arrives at the scene much later and tries to put the pieces of the puzzle back together.  In some situations the pieces do not fit and you are still given the ticket.  In the State of Florida the officer is the prosecutor and needs witnesses and/or other drivers to prove his case beyond a reasonable doubt.  That is why it is critical that you consider fighting any ticket that you receive following an accident.  Understand that what is said at the scene of an accident and the story you tell to the officer is PRIVILEGED and not admissible in a civil traffic infraction hearing.  The Florida Legislature passed a law years ago which says that people should be free to tell officers how an accident occurred.  In exchange, the Courts will not admit evidence of conversations between the officer and the Defendant.   Therefore, anything said verbally to the officer investigating the accident is not admissible pursuant to the Florida accident report privilege. 

Infractions or arrests arising from a traffic accident may have been due to driving under the influence (DUI), running a red light, speeding, driving under a suspended license, or other traffic violation. It is important to take these charges seriously. Your driving privileges may seriously be affected along with soaring auto insurance rates if action is not taken.

So call our office if you have received an infraction resulting from an accident.  We will go over the facts of your particular case and determine if you have a viable legal defense.  Remember, the officer needs witnesses in order to prove his case beyond a reasonable doubt.  If the officers' witnesses are here on vacation or are not available for trial, your chances of winning your citation dramatically increases.  The legislature mandates that if there is serious bodily injury or a fatality involved, then you MUST have a mandatory court appearance.  There are often complex legal issues involved in these cases.  In addition there is a mandatory driver license suspension from 90 days to a year depending on the facts of your particular case. Call today 941-953-2622 or 813-649-8690 or 800-FIGHT-IT to discuss your case with one of our attorneys.

 


Sarasota & Tampa Traffic Ticket Attorneys
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