Long story short, I was running late for a meeting. 83 in a 45. Officer wrote it as aggressive driving. From what I have read this isnt a specific crime in Florida. I need to make a court date, any advice?
Aggressive Driving Florida
- Thread starter flyby763
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Wrote it as "aggressive driving"? That is simply a box checked on the Florida UTC for statistical purposes. Usually to indicate two different things like speeding and changing lanes without signaling. What was the statute written on the citation?
316.183(2)
West's F.S.A. § 316.1923
316.1923. Aggressive careless driving
“Aggressive careless driving” means committing two or more of the following acts simultaneously or in succession:
(1) Exceeding the posted speed as defined in s. 322.27(3)(d)5.b.
(2) Unsafely or improperly changing lanes as defined in s. 316.085.
(3) Following another vehicle too closely as defined in s. 316.0895(1).
(4) Failing to yield the right-of-way as defined in s. 316.079, s. 316.0815, or s. 316.123.
(5) Improperly passing as defined in s. 316.083, s. 316.084, or s. 316.085.
(6) Violating traffic control and signal devices as defined in ss. 316.074 and 316.075.
Fla. Stat. Ann. § 316.1923 (West)
---Also, this talks about the box that was mentioned above:----
West's F.S.A. § 316.650
316.650. Traffic citations
(1)(a) The department shall prepare and supply to every traffic enforcement agency in this state an appropriate form traffic citation that contains a notice to appear, is issued in prenumbered books, meets the requirements of this chapter or any laws of this state regulating traffic, and is consistent with the state traffic court rules and the procedures established by the department. The form shall include a box that is to be checked by the law enforcement officer when the officer believes that the traffic violation or crash was due to aggressive careless driving as defined in s. 316.1923. The form shall also include a box that is to be checked by the law enforcement officer when the officer writes a uniform traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c) 1. as a result of the driver failing to stop at a traffic signal.
Fla. Stat. Ann. § 316.650 (West)
---What else is written on the ticket?---
316.1923. Aggressive careless driving
“Aggressive careless driving” means committing two or more of the following acts simultaneously or in succession:
(1) Exceeding the posted speed as defined in s. 322.27(3)(d)5.b.
(2) Unsafely or improperly changing lanes as defined in s. 316.085.
(3) Following another vehicle too closely as defined in s. 316.0895(1).
(4) Failing to yield the right-of-way as defined in s. 316.079, s. 316.0815, or s. 316.123.
(5) Improperly passing as defined in s. 316.083, s. 316.084, or s. 316.085.
(6) Violating traffic control and signal devices as defined in ss. 316.074 and 316.075.
Fla. Stat. Ann. § 316.1923 (West)
---Also, this talks about the box that was mentioned above:----
West's F.S.A. § 316.650
316.650. Traffic citations
(1)(a) The department shall prepare and supply to every traffic enforcement agency in this state an appropriate form traffic citation that contains a notice to appear, is issued in prenumbered books, meets the requirements of this chapter or any laws of this state regulating traffic, and is consistent with the state traffic court rules and the procedures established by the department. The form shall include a box that is to be checked by the law enforcement officer when the officer believes that the traffic violation or crash was due to aggressive careless driving as defined in s. 316.1923. The form shall also include a box that is to be checked by the law enforcement officer when the officer writes a uniform traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c) 1. as a result of the driver failing to stop at a traffic signal.
Fla. Stat. Ann. § 316.650 (West)
---What else is written on the ticket?---
In the other violations or comments pertaining to offense section it says:
Unlawful speed - Exceeding speed limit(requires speeds). Moving radar front antenna oncoming, passing another car.
Need to know the exact statute you were cited under. From the sounds of it you were just cited for speeding.
316.183(2) is what is listed as in violation of. Unlawful speed is the only check box checked besides aggressive driving.
Like you mentioned I guess its just a speeding ticket with a required court date due to my speed over the limit. Any idea what the fines are for that much over?
Anything over 30mph is mandatory court with the fine/punishment being decided by the judge. Might wanna get an attorney for that one.
The prior posts are correct. AD is not a charge, it's a way to track the driving pattern without issuing a UTC for each separate violation. You have a mandatory court date due to the 30+ over the limit, not the AD box being checked.
316.183 is speeding. Is the speed filled in for your speed and the speed limit? If it is, is the radar/laser serial number on the citation somewhere? If not, you have an issue there. We must put the speed measuring device (radar/laser) serial on all speeding citations.
316.183 is speeding. Is the speed filled in for your speed and the speed limit? If it is, is the radar/laser serial number on the citation somewhere? If not, you have an issue there. We must put the speed measuring device (radar/laser) serial on all speeding citations.
Yes it is filled in.
If the speed boxes and radar/laser serial number are on the citation, you need to go to court and be prepared to either plead out or plead not guilty and ask for a trial. if the officer has covered all of the requirements for a speed measuring device based speeding ticket, the chance of it getting thrown out is unlikely. The officer is NOT required to show to your mandatory court date, only the trial if you plead not guilty.
In my area, the going rate is $456 for a 30+ ticket. If you have a decent driving record, the judge will sometimes withhold the points if you ask. if you have a bad driving record, they will make you take the 4,8, or 12 hr driving school to withhold the points, if they do at all. An attorney might help you keep the points off as well.
In my area, the going rate is $456 for a 30+ ticket. If you have a decent driving record, the judge will sometimes withhold the points if you ask. if you have a bad driving record, they will make you take the 4,8, or 12 hr driving school to withhold the points, if they do at all. An attorney might help you keep the points off as well.
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