Traffic FAQ's
- What should I do if I have received a Witness Subpoena for an Infraction Hearing and cannot attend the hearing due to a scheduling conflict?
- What is the process for electing to attend the 4 hour defensive driving course?
- May I enter a no-contest plea and have my traffic fine reduced?
- How do I prove that I have corrected defective equipment on my motor vehicle?
- How do I prove I have a valid driver license, required insurance or motor vehicle registration?
- How do I contest my traffic ticket?
- Can I get a printout of my driving record from the Clerk?
- Can I get an extension of time to pay my traffic ticket?
- How do I get a clearance to reinstate my out-of-state driver’s license?
- What should I do if I have received a Witness Subpoena for an Infraction Hearing and cannot attend the hearing due to a scheduling conflict?
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The Clerk of Court does not have the authority to excuse any witness from attending an Infraction Hearing for which they have been subpoenaed. You may contact the Judicial Assistant on the case and request direction. In some instances, a notarized statement may be accepted if a witness is not able to physically appear at the Hearing. However, this is not acceptable in all situations, and only the Judicial Assistant may direct you in this matter.
In order to determine which Judicial Assistant to contact, please click on the link at the end of this paragraph for Court Case Search. No password is needed, and you may proceed by clicking on Logon. Click on Case Number under the Search By heading. Type in the case number from your Witness Subpoena and click Submit. The Judge will be displayed on the right side of the screen under Case Information. Click here for Court Case Search.
Once you have located the Judge's name, click on the link at the end of this paragraph for Judicial Directory. Locate the correct Judge on the list, and look to the right to find the Judicial Assistant's name and telephone number. You may now call the Judicial Assistant to request direction. Click here for Judicial Directory.
Return to Top - What is the process for electing to attend the 4 hour defensive driving course?
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If you do not have a commercial driver’s license, have not elected to attend the defensive driving course within the past 12 months, and have not elected to attend the defensive driving course more than 8 times in your lifetime, you are eligible to make this election. You may check your eligibility by visiting the Department of Highway Safety and Motor Vehicles’ (DHSMV) site by selecting the Helpful Links option listed in the Traffic Options menu and then selecting the Eligibility to Elect Driver School link. There is no reduction in the civil penalty for making an election to attend the course. By making this election, a disposition of adjudication withheld by clerk will be transmitted to DHSMV. No points will be assessed to your driver’s license as a result of your election to attend the course.
You may make this election in one of the following ways:
- Visit one of our branch offices to make the election in person. Our office locations are listed on the “Payment Center” link under the Traffic Options menu on this page. Select the Pay in Person option.
- Elect online through the “Payment Center” link under the Traffic Options menu on this page by selecting the Pay Online with Credit Card option.
- Mail in your payment with an indication that you are electing the course. Our mailing address is listed on the “Payment Center” link.
An election must be made within 30 consecutive days of your violation date. You will be given 90 days from your violation date to complete the course and return the certificate to the Clerk’s Office. Please note that it is your responsibility to ensure that the Clerk’s Office receives your completion certificate within a timely manner. If the school provider advises you that they will submit proof to the Clerk’s Office, you must confirm receipt of the completion within the 90 day time frame indicated above. You may confirm this by reviewing your case online. From our home page, select Court Case Search under the Public Records Menu. Click on the Public Information button. Search by Citation Number. Click on the blue Case Number link. Select the Register of Actions from the Case Menu. Review the Register of Actions to confirm that an event indicating “Defensive Driving – Completed” exists.
If you elect to attend the course but do not complete the course, you will be required to pay an $18.00 change of election fee. The citation’s disposition will be changed to adjudicated guilty with points assessed. A suspension may generate for failure to complete the course within a timely manner. If this occurs, DHSMV will mail a notice of pending suspension to the address on your driver’s license record. Failure to respond to the notice by the date indicated on the letter will result in suspension of your driving privilege and additional fees.
Return to Top - May I enter a no-contest plea and have my traffic fine reduced?
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If you were charged with certain specific traffic violations, you may be able to plead no contest to the charge and have your fine reduced. These violations include, but are not limited to, driving with an expired or suspended driver license, expired car insurance policy or registration, or not having a motorcycle endorsement. By pleading no contest you are neither admitting guilt nor innocence.
The Clerk will withhold adjudication and points, if applicable, will not be assessed against your license.
You are allowed to take this option one time in a twelve month period and only three times in a lifetime.
Return to Top - How do I prove that I have corrected defective equipment on my motor vehicle?
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If you have received a ticket for operating a motor vehicle with improper equipment such as a broken headlight, you have the option of correcting the defect within 30 calendar days of the date you received the ticket and your fine will be reduced. (Only statutes 316.610 and 316.2935 are correctable for a reduced penalty.)
You must have a local law enforcement agency inspect the vehicle and sign the back of the ticket within 30 days indicating that the problem has been corrected. Any agency with the exception of the Florida Highway Patrol can perform the inspection. The agency will charge a small fee for the inspection.
After the inspection is complete, you must either bring the ticket to one of our offices or mail the ticket to us within 30 days of the date you received the ticket along with your payment. If you fail to have the equipment defect corrected and inspected within 30 days of the date the ticket was issued, you are obligated to pay the fine amount.
There are no points assessed on these types of citations.
Return to Top - How do I prove I have a valid driver license, required insurance or motor vehicle registration?
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If you have been ticketed by law enforcement for failure to have on your person either your driver license, proof of insurance, or registration for the vehicle's tag, you may be able to have the charge dismissed by the Clerk. To be eligible for dismissal of this type of charge, you must provide a valid driver's license, insurance card, registration, or tag indicating that it was current at the time you received the ticket. This proof and a $10.00 fee must be provided to the Clerk's Office within 30 days of receiving the ticket or your license may be suspended. It is imperative that you contact the Clerk's Office prior to or on the payment due date of your ticket. Failure to do so may result in the suspension of your driver license.
There are no points assessed on these types of citations.
Return to Top - How do I contest my traffic ticket?
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If you have received a civil traffic ticket and you wish to contest the ticket, you have the right to a non jury court hearing before a judge or hearing officer. You may request the hearing in person by coming into one of our offices, by submitting a request in writing to the Clerk's Office or by using our Internet website.
It is imperative that you make the request for a hearing within 30 days of receiving your ticket.
In your written request, please include your name, address, ticket number, phone number and clearly state that you want to appear in court before a judge or hearing officer to present your defense. The Clerk's Office will notify you in writing of the date and time of the your hearing. If you make your request for a hearing in person, you may be given a court date at that time. The location of your hearing will be determined by the site of the violation.
Return to Top - Can I get a printout of my driving record from the Clerk?
- Three year driving records are available for purchase by the public. The records may be purchased by coming into one of the Clerk’s Offices located in Titusville, Viera, Melbourne, Merritt Island, Palm Bay or by written request. The Clerk's Office requires payment in advance. Please provide the full name, date of birth and driver license number of the person whose record you are requesting. Return to Top
- Can I get an extension of time to pay my traffic ticket?
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No, you can not get an extension of time to pay a traffic ticket. However, you have 30 days from your violation date to pay the fine amount indicated on your citation. The Clerk's Office will accept partial payments and personal checks. A $5.00 partial payment fee will be assessed each month a partial payment is made. We also accept debit cards, American Express, Visa, Discover, and MasterCard. You can make your payment by mail, over the internet, via Western Union, at any Amscot location, or in person at one of our offices in Titusville, Viera, Melbourne, Merritt Island or Palm Bay.
If the fine is not paid in full within 30 days of your violation date, your fine will be delinquent, you will owe additional fees, your license will be suspended, and your delinquent obligation will be placed with a collection agency and additional fees will be assessed. If you are unable to pay your fine in full within 30 days of your violation date, please refer to the Deferred Payment Plan link on this site's Home page (located in General Information) for information regarding a monthly payment plan. Here is a direct link to the Deferred Payment Plan webpage = Deferred Payment Plan.
Return to Top - How do I get a clearance to reinstate my out-of-state driver’s license?
- After you have fulfilled all obligations for the citation(s) that have gone into suspension, you must obtain a Certificate of Compliance or Affidavit to Reinstate (depending on the charge). There is a $7.00 fee for preparation of this document. You can make your payment by mail, over the internet, via Western Union, at any Amscot location, or in person at one of our offices in Titusville, Viera, Melbourne, Merritt Island or Palm Bay. Once you receive the certificate/affidavit, you must present it to your state’s Driver’s License Bureau and pay any applicable reinstatement fees. Return to Top