The Truth About “No Points”
Office Orlando – Statewide Representation
The Florida Bar Prohibits Lawyers From Issuing Guarantees
Rule 4-7.13(b)(1) specifically states that typical traffic ticket guarantees are unethical and violate Florida Bar advertising rules.
RULE 4-7.13 DECEPTIVE AND INHERENTLY MISLEADING ADVERTISEMENTS: A lawyer may not engage in deceptive or inherently misleading advertising.
(b) Examples of Deceptive and Inherently Misleading Advertisements. Deceptive or inherently misleading advertisements include, but are not limited to advertisements that contain:
(1) statements or information that can reasonably be interpreted by a prospective client as a prediction or guaranty of success or specific results;
Read the entire rule here
What Is Really Happening When You Are Guaranteed No Points
Most traffic lawyers I know do the very best for their clients. There are very few I would not refer a person to hire. So what does it mean when ticket lawyers guarantee no points? It does not mean you will not receive any points. They are saying that if you end up with points you get your money back. It means that if they can’t stop the court from giving you points on your license they will return the money you paid them.
Let’s think about that for a minute. This guarantee puts a financial incentive on the lawyer to make sure you do not receive points. This means other viables come into play such as fine amount and traffic schools. Did you want your lawyer to ask for a higher fine or for you to go to traffic school so he doesn’t have to refund your money? Did you want to have to go to an in-person traffic school and/or pay a higher fine to save the points? Was this explained to you before you hired the lawyer?
There is only one guarantee no-points approach for traffic tickets that I know of – elect the driving school option. I point this out on my website. If you do that you will not receive points guaranteed by the law. Regardless of that fact, most of the time a lawyer represents you in court for a traffic ticket the points are kept off. It’s just not a guarantee.
Other Guarantees That Are Meaningless
Some lawyers guarantee other things that are really just nonsense. For example, guaranteeing no court is doing what you already know. That is why you hire a lawyer to represent you in court, right. Guaranteeing no points AND no school! – better take a look at the fine print on that one. The worst was a guarantee that your fine would be significantly reduced or dismissed! And that was from a paralegal service.
What You Really Need To Have Done Besides Guarantees
I have been doing this now since 1995. I know how bad it is to not have a valid driver’s license. Without that privilege to drive you are hard pressed to provide for yourself or your family. Worse, if you are caught driving on a suspended or revoked driver’s license you can go to jail. I learned this as a criminal defense lawyer. So when I represent people for traffic tickets I know my job is to make sure your privilege to drive is protected, that you’re not close to losing your license, and that the ticket is addressed in the proper manner with your interests always at the forefront.