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TRAFFIC
TICKET TEAM®
CONFESSIONS OF A TRAFFIC TICKET
LAWYER
How to Handle a Traffic Ticket
© 2013 All Rights Reserved * Law Offices of Jason A. Diamond, P.A., may not be copied or reproduced in any manner without written permission * j[email protected]
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Intro
I wasn’t always a traffic ticket lawyer. In fact, I was a client
well before I even graduated from high school. The year was around
1985, and I was driving my moped to school when I got my first
traffic ticket. Not knowing any better, I just paid it. When I got my
next insurance bill with a 35% increase, I realized my mistake.
Believe it or not, over the next two years, I got five more traffic
tickets on the way to school. A little wiser now, I hired a traffic
ticket lawyer to help me. It was through my experience with these
lawyers that I realized what the world needed. One, we needed a
lawyer who will fight a ticket for a reasonable price. I paid nearly
$200 per ticket and that was almost 30 years ago. Second, we
needed a lawyer who guarantees his work. This did not exist 30
years ago and as a result, the lawyer really did not care about me or
my case.
This realization set me on a life course that has brought us
here today. If I had not had such bad experiences, I would never
have become a lawyer. If I had chosen a different path in life, you
would not be reading this book right now. So, call it fate, karma or
just plain luck, but here we are. You have wisely chosen to
download this book. I have written this book for you. And after
reading this book, I am sure we will be talking shortly about your
case. Unlike the lawyers I had to deal with in the past, you will pay
a reasonable price if you hire us. More importantly, you will get
service that is second to none. We care and we have over one
million clients who will attest to that because 99% of them did not
get points or school. Enjoy! Jason Diamond.
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Don't Panic
When those flashing lights go off, your heart stops and you
pull over with a tight grip on your steering wheel. “What the heck is
he pulling me over for?” “Oh no, I was doing 80 in a 50, I can’t
afford this ticket right now.” “I hope he’s in a good mood and gives
me a break.” Then the police officer who was hiding in the trees
tears that yellow ticket out of his book and passes it to youit feels
like your world might implode. The sinking realization that you just
got a ticket hits you square in the gut. Points on your license, huge
fines, higher insurance ratesnot to mention the perpetual sense of
injustice and anger you will carry around with you the rest of the
day.
But don't panic. Like over ONE MILLION clients before you,
you can FIGHT BACK! Whether you were speeding, ran a stop sign
by accident, or were driving solo in the HOV lane so you could get
to work on time, you don't have to take it lying down. You don't
have to let one slip-up follow you around for years to come. You
have the right and the power to FIGHT BACK.
One of the purposes of this book is to help you understand
how you can take control of the situation and come out on top. Like
most things in life, arming yourself with the right information is the
key to success. Knowing what to do when you get pulled over, what
your rights are, and what exactly the laws and penalties are for
traffic violations are your ammunition.
SO DON'T PANICTAKE A DEEP BREATH, AND THEN TAKE
CONTROL OF THE SITUATION.
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Get Informed
Here we have compiled everything you need to know to handle
your ticket efficiently and maybe even get rid of it entirely. Here
you can find ALL THE INFORMATION YOU NEED on your license,
being pulled over, and how to handle your ticket without having to
trudge through legal babble. Getting a ticket is stressfulwe want
to ease the pain a little.
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Myths About Traffic Tickets
Myth: If I sign the ticket, I have to pay the fine and I am
admitting my guilt.
Fact: Signing the ticket is your agreement to EITHER pay the
fine OR plead not guilty in court. Your signature is merely an
acknowledgement that you received the ticket, not that you agree
with anything in it. Paying the fine means that you are pleading
guilty and will accept the points. You have to sign the ticket, or you
risk being arrestedbut you don't have pay if you plan on fighting
back.
Myth: The police have a quota of tickets they must write each
day.
Fact: This is not an official rule; however, giving out a lot of
tickets shows their supervisors that they are vigilant and working
hard, so it is to their benefit to write a lot of them. No police officer
will admit that they have quotas, but they do have de facto quotas,
unofficial ones that improve their work performance evaluations. In
other words, who do you think will get the promotion from traffic
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cop to sergeant? The cop who writes more tickets or fewer tickets?
Who do you think will be recognized by their superiors as doing a
good job, the cop who writes two tickets a day or the cop who writes
twenty? So you see, in practice, cops do have ticket quotas.
Myth: If I pay a few extra dollars with my ticket and don't cash
the refund check, my case will be left open and I won't get points on
my license
Fact: This is an internet hoax that’s been viral for years. The
idea is that the court clerks are so stupid that, because you
overpaid your ticket, the case will stay open and the points won’t be
assessed. Like a lot of things in life, if it sounds too good to be true,
it probably is. As soon as you send in the money, you have admitted
guilt and it will automatically go on your record, and points will be
added to your license. You will, however, have donated a few extra
bucks to the county and your insurance company.
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Myth: My insurance rates won't increase if I go to driving
school after my court appearance.
Fact: This is partially correct. If you elect school and pay a
hefty fine on the first ticket you get, the insurance companies are
not SUPPOSED to raise your rates as a result of the ticket. However
as you know, the insurance companies can raise your rates and
don’t have to give you an explanation, so you won’t know why they
did it. Not only is it likely that your car insurance rates will rise, but
because tickets are part of the public record, it can affect your
credit score, other insurance rates, and even your ability to get a
job.
Myth: I need to stop for a full three seconds at a stop sign.
Fact: You only need to stop for an instantit's a good idea to
stop for a second before proceeding through a stop sign for safety
purposes, but there is no LEGALLY required length of the pause.
Only that you come to a complete stop (no rolling stops allowed).
Myth: Red cars get more tickets and higher insurance rates
than other cars.
Fact: There have been no conclusive studies to indicate that
red cars, indeed, get more tickets than other cars because the
bright color creates an illusion of speed. This is highly unlikely, and
insurance companies have reassured customers that car color will
not affect their premium.
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Myth: If I drive the posted speed limit, I can't get a ticket.
Fact: Unfortunately, the speed limit is the maximum legal
speed only during GOOD CONDITIONS. In rain or other poor
weather conditions, police officers may deem it unsafe to drive the
posted limit.
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Chapter 1: Your License
Violation Points
In Florida, your driver's license has a point system for traffic
offenses. Unlike some states, where points are deducted from a set
number, Florida ADDS a varying number of points for each
violation. After accumulating certain amounts over certain periods
of time, the authorities will suspend your license. What this means
is that you will not be allowed to drive for a set amount of time. The
police won't be watching your house to make sure you obey, but if
you are caught driving with a suspended license, the consequences
will not be pleasantyou could even go to jail.
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The points on your license are not permanent, though. Points
from tickets stay on your license for three years, and then they are
removed. Your driving record will always show the ticket, but you
don't have to worry about points from a decade ago affecting your
license now. It is important to note that if you get a ticket in
another state, points will still be added to your Florida driver's
license. This is called reciprocity. It is
a compact that almost every state in
the country has signed. It basically
means that each state will respect the
other state’s laws and will make sure
its citizens do the same. Thus, if the New York driver gets a ticket in
Florida, the DMV in Florida will inform New York. If the Florida
driver gets a ticket in North Carolina, the North Carolina DMV will
tell the Florida DMV to put points on the Florida driver’s license.
Suspension of your license, as determined by the point
system, has three levels with different degrees of punishment:
- 12 points in 12 months will get you a 30-day suspension
- 18 points in 18 months gets you 3 months
- 24 points in 3 years lands you a full year suspension
There are other ways to get your license suspended, which we
will talk about later, but this is how the point system works. If you
aren't sure how many points you have on your license, you can go
to Florida's DMV website and find out.
Getting a ticket does not mean that you will get points on your
license, though. Sometimes for minor violations you will get the
opportunity to attend driving school to have the points removed. It
will not delete the ticket from your record, but you can minimize or
eliminate points this way to prevent a suspension if you get any
future tickets.
However, there are limits to this as well. You may only
voluntarily attend driving school ONCE in any twelve month period
OTHER STATES
Getting a ticket in another
state will still put points on
your Florida license.
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and no more than five times every ten years. We almost always
recommend to clients that they NOT elect driving school for the
following reason: if you elect driving school, you are using up an
opportunity to go to driving school for your next ticket. However, if
you fight your ticket and end up having the judge ORDER driving
school, you have not used up your opportunity to elect driving
school instead of points. In other words, if the judge orders you to
driving school on Monday, and you get a second ticket on Tuesday,
you can still elect to go to driving school. However, if you elect to go
to driving school on Monday and you get a ticket on Tuesday, the
judge is very unlikely to order driving school for the Tuesday ticket.
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Chapter 2: Getting Pulled Over
Pulling Over Safely
When that moment of shock hits and you realize you are
getting pulled over, it is important to keep your composure, even if
you are panicking on the inside. Pull over to the right side of the
road, onto the shoulder if possible. Do this in the most careful and
safe way possible. Put your hands on the steering wheel at the 10
and 2 positions, like on a clock, and wait for the police officer to
come to you. DO NOT REACH INTO THE GLOVE COMPARTMENT
OR PURSE TO GET YOUR DOCUMENTS. The police officer doesn’t
know you are a normal, harmless person. He assumes you are a
crazy murderer with guns stashed everywhere. He needs to feel
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safe, and by keeping your hands in plain sight, this will put him at
ease. DO NOT unbuckle your seatbelt before the officer is at your
windowin fact, if you weren't wearing one, this is the time to
subtly fasten it. Even if you had it on while driving, you could get
written up if it looks like you weren't.
If it's night time, there are a
few extra things you want to do.
The first is be aware of your
location, and the second is to be
sure that it is actually a cop
coming to your window; although rare, police impersonators can
use the fear of a driver being pulled over to rob or hurt you. If you
are in a poorly lit area or a bad neighborhood and feel unsafe, drive
slowly to a lighted area. Explain to the officer that you were being
cautious. If you have real concerns for your safety, call 911 on your
cell phone and tell them about your situation.
As mentioned above, do not reach for your license,
registration, and insurance until asked to do so, and when you do,
tell the officer where they are. Saying "I am getting them out of my
glove compartment" or "I'm reaching for my wallet" will make the
officer feel safer. Staying calm and collected and being respectful
will also tell the officer that you are not a bad person and make
them more inclined towards leniency.
But cops are people too; some cops are in a foul mood before
they pull you over and may take that anger out on you by being
rude. DO NOT respond in equal measure. Cops are people who
have bad days just like the rest of us, and fueling their anger will
only make things worse for you.
DIAMOND RULE
DON'T DO ANYTHING
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Talking to the Officer
The average police officer who is assigned to a traffic division
hands out about twenty tickets a day and have another ten or so
encounters with the public. When we go to court, it’s usually about
two-to-three months after the ticket was issued. Thus, the officer
has probably interacted with close to 3,000 people while on duty by
the time he comes to court for your traffic ticket. If you give him a
reason to remember you, he will. If not, he won’t.
You don’t want him to remember you. In fact, you want the
whole experience to be so forgetfully he can’t even remember what
you looked like. The reason for
this is that when you go to court
and he is being cross examined, it
will be very difficult for him to
remember the facts and
circumstance of your ticket. If he
can’t remember anything, he can’t
truthfully testify, and you have a
great shot at getting your ticket
dismissed. If he DOES remember you, the odds drop considerably
because the judge tends to believe the officer over the civilian.
Based on our many years in court and countless tickets, here
are a few things that we've heard that you DON'T want to saythey
will definitely make you memorable:
I’m sorry I was speeding; I'm late for work.
I just broke up with my boyfriend and was not paying
attention.
I’m sorry; I just really have to go to the bathroom.
Why don’t you do something useful and go after real criminals.
DIAMOND RULE
DON'T CONFESS
&
BE FORGETABLE
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Oh, was the doughnut shop closed?
I knew I shouldn’t be driving because my license is suspended.
THIS WILL GET YOU ARRESTED.
It’s a rental, and I'm not used to the car.
65!? My car couldn’t go that fast if I tried!
My speedometer is broken
I was just keeping up with traffic.
THIS IS OUR PERSONAL FAVORITE: 75 in a 45? That’s B.S., I
was only doing 60.
There are countless more wrong things to say, but you get the
point. All of these are excuses and admissions, and the officer will
probably put a note on his copy of the ticket with the exact words
you used so he can tell the judge when he goes to court. So don’t
make excuses, don’t admit anything, and definitely don’t be a jerk.
The only thing worse than giving excuses is being a jerk. For
example, mentioning doughnuts or
bacon in the conversation is never a
good idea. But there are less overt
things drivers do that anger cops; the
most common is ATTITUDE. You can
say a lot with your gestures, facial
expressions, sighs, etc. If the police
officer catches your subtle rudeness,
he will probably put a circumpunct on
the back of his copy of the ticket. Also
called a circle-dot, this is designed to
resemble your bottom to remind the cop when he goes to court, that
you were being, as the mark symbolizes, an a** h***. He won’t
necessarily know why he didn’t like you or thought you were a jerk,
but he knows he’s going to say whatever he can to make sure you
get slammed by the judge. And yes, judges care about your attitude.
They often ask the police officer before they rule in Court.
A CIRCUMPUNCT
This circle-dot is meant to
resemble a person's bottom,
indicating to the officer that
the person was an a- hole;
even if they can't remember
why, cops will make sure you
pay in court.
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Never confess
One of the first things an officer will ask you is, "Do you know
why I pulled you over?" A lot of people make the mistake of
answering yes or making a guess. They either get frustrated or try
to be friendly and apologize, and in their moment of panic blurt out
the first thing that comes to mind. ALWAYS ANSWER NO, even if
you are fully aware that you were speeding or didn't stop at the stop
sign. Answering with anything other than "no" is a confession of
guilt and will make it very hard to get your ticket dismissed if you
take it to court. The same advice goes for all questions that the
officer asks you. Be polite but concise.
If the officer is in a good mood and you are very, very lucky,
asking if they can forgive you this one time may get you a warning
instead of a ticketdon't beg or be aggressive, merely ask. If you
don't ask, the officer likely won't offer to let you off. If they still give
you a ticket, you are in no worse shape than you were before.
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Reading a Ticket
Some cops have bad handwriting. Some write so big it can
obscure the labels on the ticket and make it hard to understand.
Here's a reference map for knowing what the different parts of the
ticket are.
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CITATION NUMBER: This is used by the clerk of court in each
county to identify which officer wrote the ticket and who received it.
Often this citation number is converted into a case number for the
court's records.
COUNTY: This is where the ticket was given. Different counties
have different ways of determining fines, so even if you live in a
different county, the ticket will be dealt with according to the
county that gave it. This is also the county you will go to when you
defend yourself in court.
DATE OF CITATION: It's important to remember this if you
decide to go to court. It is the date that the ticket was given. You
must respond (pay it, fight it etc. within 30 days).
OFFENSE: Here is where the officer will mark why the ticket
was given. Probably they will write short notes right below the
check boxes to specify exactly what the offense wasfor instance,
how fast you were going and what the posted speed limit was.
ACCIDENTS: The police have to take notes on accidents,
including not only what happened and what the different parties
involved say, but also who was injured and how badly.
MANDATORY COURT APPEARANCE: You DO NOT always get
a required court appearance, but if court IS required, this is where
they will mark it.
DUE DATE/COURT DATE: This is the day that you must either
have the ticket paid or the day you must show up in court. If going
to court is not mandatory, you can choose to defend yourself on the
date written instead of paying the fine. If the date is inconvenient,
call the courthouse, or file a Motion depending on the county, as
soon as you can and attempt to reschedule. This may, however, be
the comply by date so you need to plead not guilty to delay it.
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Reminder Checklist if You Get Pulled Over
Do: Pull over carefully and use your blinker. Keep the engine
running and keep your hands at 10 and 2. Be polite and respectful.
Don't: Attempt to be overly friendly or rude. Stay calm and
neutral. Be polite and don’t argue or make excuses. Remember, you
are not admitting or apologizing for anything, but you are not
arguing either.
Don't: Admit to the violation; the officer can use this against
you in court.
Do: Get your license and registration out when the police
officer asks you to.
Don't: Unbuckle your seatbelt to retrieve these things before
the officer comes to your window. You could get ticketed for not
fastening your seatbelt, even if you had it on while you were driving.
Don't: DON’T BE MEMORABLE FOR ANYTHING. Be calm and
don't leave an impression. The less the cop remembers about you,
the better your chances are of getting the ticket dismissed in court.
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Speeding is the most common traffic violation in Florida, with
over 500,000 tickets given each yearand these don't include
people who were pulled over and just given a warning. While the
easiest way to avoid a speeding ticket is simply not to speed, no one
is perfect. Even if you get away with speeding most of the time,
getting pulled over once can land you with one of four different
kinds of infractions.
15 MPH or less. If you are ticketed for going 15 mph or lower
over the lawful or posted speed limit, you will receive 3 points on
your license, plus a fine that varies by county. If you take the ticket
to court, you can also ask to go to traffic school instead of getting
points taken away, but as explained before, this is almost never the
way to go.
16 MPH or more. Your fine will be heftier and you will receive 4
points on your license.
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30 MPH or more. This infraction is more serious and comes with
a MANDATORY court date. You will not see a fine on the back of
your ticket because it will be set by the judge in the courtroom.
Failing to show up for your hearing could get your license
suspended.
50 MPH or more. If, for some reason, you were going more than
50 mph over the speed limit, you will get a $1,000 fine in addition
to your court date. A second offense will get you a fine up to $2,500
and your license revoked for a year. A third offense becomes a
THIRD-DEGREE FELONY. Your license will be revoked for 10 full
years on top of a $5,000 fine.
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Chapter 4: Traffic Violations
Although speeding is the most common type of ticket received,
there are a lot of different things that a police officer can ticket you
for. Remember: EVERY TICKET
CAN BE FOUGHT, no matter how
small or severe the crime.
Knowing some of the other
common traffic violations may
help you avoid a ticket altogether.
Note that there are two different levels of infractions. First are
misdemeanors and traffic criminal offenses which can result in jail
time. These go to an actual trial judge. Second are civil infractions
which, on the other hand, may result in steep fines, points, or
losing your license, but will never result in jail time. Below is a list
of different infractions and their consequences if you do not fight
your ticket.
Causing an accident. This is one of the most detrimental to
your insurance rates and license points. If it is determined that
speeding caused the accident, you will get 6 points on your
licensethat is halfway to having your license suspended. If it was
another traffic violation that caused the accident, you will receive 4
points instead.
Because cops are not usually there to observe an accident
happen, they can only prove that you are guilty in court through
the testimony of the other drivers or witnesses and what the
investigation officer THINKS happened based on his or her
DIAMOND RULE
GET INFORMED
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expertise. If no witnesses against you show up, or if the officer
doesn't show up, your case will almost always be dismissed.
Leaving the scene of an accident. If you do cause an accident,
DO NOT LEAVE. Do not get into a fight with any other drivers
involved, but don't drive off either. This is a 6-point infraction, as
well as a criminal traffic ticket, and will cost you a lot in fees and
insurance rate spikes. Even if you and the other driver work things
out amicably and exchange information, it is still a good idea to
inform the police so you don't get charged with leaving the scene of
an accident. However, always exchange information if you don’t call
the police.
Ignoring traffic control signals or devices. This includes stop
signs, traffic lights, yield signs, and any other posted traffic sign.
You will receive 3-4 points on your license and a fine determined by
the county.
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Driving recklessly or with a suspended license. These are the
most common traffic criminal violations and will earn you 4 points,
a nice fine, and possibly jail time. These include driving with a
suspended license (termed DWLS).
Passing a stopped school bus. Because doing this could
endanger children, it is a 4-point infraction. If a school bus is
stopped in front of youeven if they are going the opposite direction
as youalways stop until the bus starts moving again.
Minors driving during restricted hours. In Florida, minors are
considered people under the age of 17. They are not allowed to drive
between 11 p.m. and 6 a.m. unless accompanied by someone over
the age of 21 or going to/leaving work. This violation is a 3-point
infraction; 17 year olds are restricted between 1 a.m. and 5 a.m.
and subject to the same punishment.
All other moving violations are civil infractions and will result in
three points added to your license on top of any fees the county
charges.
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Chapter 5: Going to Court
Showing Up
Appearances matter, and when you make your court
appearance, you should look clean and professional. A sloppy look
can give the wrong impression. If the officer has shown up and you
recognize them, go talk to them. Although they can't get your ticket
thrown out before the hearing, ask
if there is anything that they can do
to help. Officers are not without
compassion, so appeal to it. You
can't get their help if you don't ask
for it.
Sometimes you will luck out
and the officer won't show up to the
hearing. In many jurisdictions, the police do not get paid extra for
court appearances, so if they have other things they would rather
be doingbecause, really, who wants to spend all day in court?
they may not bother showing up to court at all. If this happens,
congratulationsyour ticket will be dismissed! Despite the above,
we ALWAYS recommend you hire a lawyer to fight your ticket. In
most cases, you won’t even have to come to court. We will fight it for
you and you can stay at school or work.
DIAMOND RULE
officers are
People too:
Be respectful
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On Your Own
You are not required to have a lawyer to defend yourself at a
traffic ticket hearing and can instead act in your own defense.
While this is an option, it is not the best one, especially if you are
nervous. A lawyer will exude the confidence and have all of the legal
knowledge that it will take to get your ticket dismissed. If you do
want to be your own lawyer, though, we want to help you have the
best chance in court.
During the hearing, as with getting pulled over, be polite and
professional. If you brought with you any pictures or notes, make
sure to present them, and ask the officer questions when given the
opportunity. Ask him where he was located before he pulled you
over, ask about any equipment used to measure speedanything to
make the judge doubt that the officer remembers everything and
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that they may have made a mistake. This can lead to the ticket
being dismissed.
If the ticket is not dismissed, always ask for leniency. Traffic
school is sometimes an option for minor violations. By completing a
course, you will have the points removed from your record. Even if
the ticket stays on your record, reducing the points on your license
may keep your insurance rates from skyrocketing. It is always a
good idea to try asking.
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Getting Help
A lawyer can seem like an expensive or unattainable resource,
and you may think that it's not worth the expense, that you should
just pay the fine and move onand that's your choice to makebut
a traffic ticket lawyer knows all the ins and outs of how to make a
ticket go away. A lawyer can take the burden off of your shoulders.
Many, like us, offer a money-back guarantee if they fail to help, so
there is NO ADDED FINANCIAL RISK on your part. You don't have
to bear the weight on your own. The cost is usually around $69 for
our fee so think about that before you miss two days of work or
school.
(954) 967-9888 * (305) * 493-7557 * (561) 752-9288 www.TrafficTicketTeam.com
You Have Rights
Fight for Them
Getting a ticket is a frustrating and frightening thing. Nobody
is a perfect driver all of the time, and tickets happen. Of course
avoiding a ticket by obeying the laws is the best course of action,
but if you do get a ticket, just remember that you can fight it.
Whether you take a stand by yourself or with the help of a lawyer, it
is your right to defend yourself and FIGHT BACK.
© Traffic Ticket Team 2013 All Rights Reserved * Law Offices of Jason A. Diamond, P.A., may not be copied or reproduced in any manner
without written permission (954) 967-9888 jason@trafficticketteam.com. This book is intended soley as a reference and for
inormational purposes and should not be relied upon as legal advice.