Posted On: June 9, 2009 by Balliro Seltzer

Fort Lauderdale Traffic Ticket Defense Attorneys on Courtroom Logjam of SunPass Toll Tickets

A recent article in the Miami Herald underscores a serious problem for Florida drivers and South Florida traffic ticket lawyers like us: Tickets for failing to pay SunPass are clogging up traffic courts. According to the June 6 story, a change in state law means that people with SunPass tickets must now appear in traffic court if they want to avoid having points assessed on their licenses for paying the ticket. Not surprisingly, this has driven up demand for court dates in traffic court, where authorities say the number of SunPass ticket cases has doubled since the change in the law.

Before July of 2007, people could pay SunPass tickets with the clerk of court and receive a “withhold of adjudication” instead of a guilty verdict. Now, paying the ticket means an automatic guilty plea. That matters because pleading guilty to any traffic offense in Florida puts points on your driver’s license -- three, in the case of SunPass tickets. That means just four three-point SunPass toll tickets within a year can trigger an automatic driver’s license suspension. Drivers who don’t happen to get the suspension notice in the mail can be charged with driving on a suspended license, leading to jail time and further legal trouble. Even when points don’t trigger a suspension, they drive up auto insurance rates and make it more likely that

To avoid these drastic outcomes for failing to pay a $1 toll, drivers must contest the ticket in traffic court and either win (unlikely) or reach a settlement with authorities (common). Cases involving SunPass tickets accounted for just under 30% of all traffic cases in 2008, requiring special sessions and triggering complaints from the traffic courts.

Even authorities at the Turnpike acknowledge that this is a bad use of the traffic courts’ time. As Sarasota traffic ticket defense attorneys, we agree. Traffic court is typically reserved for extreme cases -- people who are accused of potentially dangerous violations like speeding, or those with so many non-criminal traffic citations that they face criminal penalties. Those aren’t categories that most people with SunPass toll tickets fall into. Appearing in court is a bad use of their time and the court’s.

Balliro, Galasso, Leskovich & Seltzer represents Florida drivers who are forced to go to court over SunPass tickets and other traffic citations. Our Fort Myers traffic citation defense lawyers can contest a ticket that you believe was written in error -- or, if you’d rather plead guilty, negotiate for a fair settlement that doesn’t hurt your ability to work and take care of your family. In many cases, we can appear in court for you, meaning you don’t need to take time away from work or school. And because we know legal trouble happens at all times of day -- not just from 9 to 5, Monday through Friday -- we are available to clients and potential clients anytime you need us. To learn more at a free, confidential consultation, you can contact us online or call toll-free from anywhere within Florida at 1-866-ARRESTED.

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