How to Remove Existing Points on a Florida License
According to the Florida Department of Motor Vehicles (DMV) website, once you have points on your driver's license, you cannot remove them. An open and shut case, it seems, with no opportunity to redeem your good driving record. The Florida DMV goes on to inform residents that they have options to avoid getting points on their license and options once they receive a ticket. What the Florida DMV neglects to tell you, though, is a court of law and the help of an attorney render that statement inaccurate, at best. Depending on the circumstances, a qualified attorney just might help you get those points removed.
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Things You'll Need
- An attorney experienced in traffic law
- Copy of your conviction of the traffic offense in question
- Copy of tickets issued
- Copy of any police report associated with the ticket
Instructions
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Find a qualified attorney in Florida with experience in traffic law, in particular getting points removed from driver's licenses.
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File your motion in court. If you had a ticket, pleaded guilty and paid a fine, resulting in points, have your attorney file a motion in court to change to a no-contest plea. If you went to a trial that resulted in a guilty verdict, an attorney can file a motion for relief. It can take three to five weeks before your case is heard, once you file the motion. Therefore, file as quickly as possible.
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Attend court with your attorney on the date for your new trial. Present evidence that supports your request for the conviction to be overturned or the charges reduced to a violation that results in a fine but no points.
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Take the court findings to your DMV office after you are successful in having your conviction overturned or reduced and present them to the DMV with a request to correct your driving record. Once a conviction is overturned, it's as if the offense never happened and the DMV is compelled by law to keep accurate records reflecting your driving records. It will have to comply with the court findings and remove any points in relation to the overturned conviction.
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Tips & Warnings
Although it is within your legal right to file these motions on your own and defend yourself in court, at this stage your chances of success are very low. You will need a good attorney to get this done on your behalf. Oftentimes, simply an attorney with a good rapport with the judge can go a long way, if you are sincere in not repeating the same offense. Habitual offenders, however, may find even an attorney will not entertain them.
References
- Photo Credit Traffic in t image by bedecs from Fotolia.com
