The 75-Year Traffic School Trap: What Every Florida Driver Needs to Know

Why choosing traffic school locks your ticket on your record for 75 years instead of 5

Published on by Attorney Jeff Lotter

The Hidden Trap Most Florida Drivers Don't Know About

If you're like most Florida drivers who receive a speeding ticket, you probably think traffic school is the smart choice. After all, it keeps points off your license, right? What you don't know is that by choosing traffic school, you're locking that ticket onto your driving record for 75 years – until the year 2100!

⚠️ Critical Warning:

In the past 12 months, 13,000 people in Orange County, Florida elected the traffic school option. Most had no idea they were falling into a 75-year trap!

By contrast, if these same people had either paid their ticket or contested it in court – even if found guilty – the violation would only stay on their record for 5 years. That's a massive 70-year difference that could impact job opportunities, insurance rates, and more.

Understanding Florida's Traffic Ticket Retention Laws

The foundation of this issue lies in Florida's record retention laws, governed by the Department of Library and Information Services. These regulations create a shocking disparity in how long traffic violations remain on your record based on how you handle them.

The Three Options and Their Consequences

When you receive a speeding ticket in Florida, you have three choices:

  1. Pay the ticket – Admit guilt, pay the fine, get points → 5 years on record
  2. Elect traffic school – Pay fine, attend course, no points → 75 years on record
  3. Contest the ticket in court – Fight the citation → 5 years on record (even if guilty)

💡 The Irony:

People choose traffic school to avoid points, thinking they're making the smart choice. In reality, they're trading a few years of higher insurance rates for seven decades of record retention!

Why 75 Years? The Clerk's Withhold Trap

The 75-year retention rule applies to any form of "Clerk's Withhold of Adjudication." This includes:

  • Traffic school elections
  • Fix-it tickets
  • Toll violations
  • Other clerk diversion programs

When the Clerk of Courts offers a withhold and you accept it, the DMV is required by law to keep the citation on your driving record for 75 years. This rule does NOT apply if you simply pay the ticket or contest it in court.

The Numbers Tell the Story: Orange County Data

Looking at Orange County traffic court dispositions over the past 12 months reveals the scope of this problem:

Traffic Ticket Dispositions:

  • 13,000 drivers elected traffic school → 75-year retention
  • 15,000 drivers paid their tickets → 5-year retention
  • 10,000 drivers contested their tickets → 5-year retention

Of the 10,000 people who contested their tickets:

Contest Results:

  • Over 20% got their cases dismissed completely
  • Over 70% received no points
  • Less than 10% ended up with points

All of them avoided the 75-year trap!

Breaking Down Your Real Options

Option 1: Just Pay It

  • Cost: Ticket fine
  • Points: Yes (affects insurance)
  • Record retention: 5 years
  • Pros: Quick, simple, only 5 years on record
  • Cons: Points on license, higher insurance

Option 2: Traffic School (The Trap)

  • Cost: Ticket fine + school fees
  • Points: No
  • Record retention: 75 years
  • Pros: No points
  • Cons: 75 years on record, costs more than paying, takes 4-8 hours

Option 3: Contest the Ticket

  • Cost: Your time or attorney fees
  • Points: Possibly none (70% get no points)
  • Record retention: 5 years
  • Pros: 20% dismissal rate, 70% no points, only 5 years on record
  • Cons: Requires effort or attorney fees

💰 The Smart Money:

Hiring an attorney typically costs $150-200 – often less than the combined cost of the ticket fine and traffic school fees. Plus, you get professional representation and avoid the 75-year trap!

How to Fight a Speeding Ticket: The Legal Framework

If you choose to contest your ticket, understanding what the state must prove is crucial. For a speeding citation to hold up in court, the state must establish:

  1. Device Approval & Calibration – The radar/laser was properly calibrated
  2. Officer Certification – The officer was trained and certified
  3. Proper Operation – The device was used correctly

This framework is governed by Florida Administrative Code Chapter 15B, which sets specific standards for speed measurement devices.

Key Documents to Request

  • Radar/laser calibration certificates
  • Officer's speed measurement training records
  • Daily test logs
  • Maintenance records

Fighting Your Ticket: Essential Resources

If you decide to contest your ticket yourself, you'll need to study:

  • Florida Rules of Traffic Court
  • Florida Administrative Code Chapter 15B
  • Florida Rules of Evidence
  • Florida Rules of Criminal Procedure
  • Common legal objections

⚠️ Reality Check:

Walking into court without a solid battle plan means you're at the mercy of the court. If you're not prepared to handle legal procedures and objections, consider hiring an attorney.

Why This Matters for Your Future

A 75-year retention period isn't just about one ticket – it's about the long-term impact on your life:

  • Employment: Many jobs require clean driving records
  • Insurance: Violations can be seen by insurers for decades
  • Professional licenses: Some licenses consider driving history
  • Future violations: Prior violations can enhance penalties

How many people have been turned down for opportunities because of an old ticket that should have fallen off their record decades ago?

Don't Fall Into the 75-Year Trap

Whether you hire an attorney or fight it yourself, contesting your ticket is almost always the better choice. Don't let a moment of convenience turn into a 75-year burden.

Call Now for Free Consultation: 407-500-7000

The Bottom Line

The traffic school trap catches thousands of Florida drivers every year who think they're making the smart choice by avoiding points. In reality, they're trading a few years of higher insurance rates for seven decades of record retention.

Remember:

  • Traffic school = 75 years on your record
  • Paying the ticket = 5 years on your record
  • Contesting the ticket = 5 years on your record (with 20% chance of dismissal)

The choice is clear: either pay the ticket and accept 5 years, or contest it for a chance at dismissal or no points – but whatever you do, don't fall into the 75-year traffic school trap!

About This Analysis:

This information is based on Florida's record retention laws and analysis of Orange County traffic court dispositions. Over 250,000 cases statewide fell into this trap in 2024 alone.