My traffic ticket was never filed by my lawyer

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catova001

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So, back on August of 2009, I received two traffic tickets, one for a prohibited right turn and second one for not having copy of my registration with me at that time.

I inmediately hired a lawyer in Miami Dade county, I fax my tickets and copy of my registration as well, he said he was gonna file my tickets ( this is end of August 09 )

I called him back on early October to know the status, he said no news about my court date and to call him back in a month, I call him back November and he said there was a backlog on the county and I should not worry, to call him back on December.

I called him last week , he said no news yet, by this time I was already questions about it, so I logged into DMV Florida and I found out my DL is suspended ! I called my legal plan to find out what has happened and they refered me to a new lawayer, then I found out the first lawyer NEVER filed my tickets...

Im currently working with my new lawyer to see my options, but I want to find out if I can take any legal actions against my first lawyer, he put me on big risk by having me driving around with a suspended license. I do have proof the fax sent to his office back on August and couple of calls I did last months, my question Do I have any legal rights ?

THanks in advance for your comments !!
 
Suspension and Warrants!

Apart from your driver license being suspended, you most probably have a Bench Warrant for your arrest for not appearing in court after you promised to appear by signing the citations.

It is of course your prerogative, but hiring an attorney for such simple matters as traffic citations is a bit of an overkill and not necessary at all. The No Proof of Registration is a correctable (fix-it) offense, which will be dismissed when you produce in court a copy of your registration and pay a $10.00 administration fee, and you can always reduce the fine for the illegal right turn citation by at least 50% if you claim financial hardship.

But the good thing here is that Bench Warrants for misdemeanor and traffic citations are easily recalled. All you have to do is go to the traffic court and tell the check-in clerk that you want to see the judge as a walk-in since you are not on the regular docket and have a copy of your registration at the ready and take a bit of money with you to pay the other fine.

And in the unlikely event that you cannot be seen because the court has no room to fit you in on that day, the clerk will schedule you on a proper docket and also has the authority to recall the warrants.

Go and take care of these small matters before you are arrested and have to spend a few days in Motel Jail.

fredrikklaw
 
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