Traffic

Maintains records, fines and fees, and assist with Affidavits and general proceedings concerning Traffic Citations, Violations, and Infractions.

Criminal Violations

Criminal Violations require a mandatory court appearance. They include such charges as Driving Under the Influence (DUI), and Reckless Driving. A notice will be mailed to the address on your traffic ticket. Failure to appear at the date and time indicated on the notice may result in a warrant being issued for your arrest and/or your license being suspended.

Pursuant to F.S. 318.14(10)(a), if you are charged with one of the offenses listed below you may be able to avoid a court appearance by completing an affidavit, presenting a valid driver license or registration, and paying court costs in the amount of $236.10. You may make this election 3 times in your lifetime but no more than once during a 12 month period. You must contact the Clerk's Office.

• 320.131(5) - Unlawful Use of Temporary Tag
• 322.03(1) - No Valid Driver License
• 322.03(1)(a) - Failure to Surrender Driver License/Commercial Driver License
• 322.03(1)(b) - Having More Than One Driver License
• 322.03(3)(b) - Operating Commercial Motor Vehicle without Appropriate License
• 322.03(4) - No Motorcycle Endorsement
• 322.03(5) - Driver License Expired for More Than 4 Months
• 320.07(3)(c) - Vehicle or Motor Home Registration Expired for More Than 6 Months (second or subsequent offense)
• 322.34(2) or 322.34(10)(a) - Driving While License Suspended/Revoked for failure to pay civil penalty; failure to attend driver improvement school; failure to appear on a civil traffic infraction; failure to pay child support; failure to pay misdemeanor non-traffic charge; failure to maintain insurance; failure to comply with school attendance requirements for minors; having been designated a Habitual Traffic Offender for any previous reason.

Infraction Violations

A civil traffic infraction is a non-criminal violation that can usually be disposed of by payment of the civil penalty (fine) or election to attend a defensive driving course. Infractions are typically broken down into three categories:

• Pedestrian violations, such as jaywalking
• Non-moving violations, such as not wearing a seat belt
• Moving violations, such as speeding

Payment Methods

Revenues generated from traffic fines are disbursed to numerous state, county and municipal agencies. You can find the fines at the bottom of the page.

Pay Online Using Credit/Debit Card

You can pay online using a credit or debit card with either VolusiaClerkPayments.com or MyFloridaCounty.com . You will receive confirmation after successfully completing the payment process. A non-refundable fee of up to 5% will be added to your transaction. The Clerk's office does NOT retain any portion of this fee.

If you are electing traffic school and your citation is not older than 30 days, you may make a payment at MyFloridaCounty.com . To make this payment you must know your citation number. A non-refundable fee of 3.5% will be added to your transaction. The Clerk's office does NOT retain any portion of this fee.

If you are NOT electing traffic school, you may make a payment at VolusiaClerkPayments.com. To make this payment you must know your citation number. A non-refundable fee of 5% will be added to your transaction. The Clerk's office does NOT retain any portion of this fee.

Pay by Phone Using Credit/Debit Card

Misdemeanor, Felony or Traffic charges without a school election may be paid with a debit or credit card over the phone by calling nCourt at (386) 626-3234. You must inform them you would like to pay your court-imposed fines/costs/fees to the Volusia County Clerk of Court located at 101 N. Alabama Avenue, DeLand, FL 32724 and you must provide the case or citation number and the amount you are paying. There is a 7% convenience fee for this service. The Clerk's Office does NOT retain any portion of this fee.

Pay by Amscot

You may pay your Volusia County Traffic citations at any Amscot location, 7 days a week. Just bring your citation with you to any Amscot. You will be charged a non-refundable $2.50 convenience fee by Amscot for using this service. This fee is remitted entirely to Amscot - not to the Clerk's Office. Cash payments only! To find the nearest Amscot location, visit the Amscot website or call (800) 801-4444. ** Please note if paying a citation using Amscot, it will take 3-5 business days for the payment to be posted.**

Pay by Mail

You may pay your fine by mail using a check or money order to the Clerk's office. You MUST include your citation number or case number. Make checks or money orders payable to 'Clerk of Court'. Payments must be in U.S. funds drawn on a U.S. exchange bank. Please do not send cash by mail. If you want a copy of the receipt, you must include a stamped self-addressed envelope with your payment.

Pay in Person

Payments are also accepted at Clerk's office locations and can be made in cash, check, money order, cashiers check, debit or credit card. If paying in person with a credit or debit card a non-refundable fee of 3.5% will be added to your transaction. The Clerk's office does NOT retain any portion of this fee.

Varying Fine Amounts from Ticket

The amount indicated on the citation and the amount you are responsible to pay may vary or change due to election of the school option for eligible violations, late payment fees, or the issuing officer's error. Notwithstanding the amount indicated on the citation, the Clerk's office is required to collect the correct amount indicated by law.

Infraction Violations - Options

The four options for processing civil infractions are governed by Volusia County administrative order, which is a court directive based on state statute.

Per F.S. 322.0261(4) the DHSMV will require persons charged with some violations to attend a driver improvement course if they have not elected the school option for their ticket. The charges are 316.074(1) Failure To Obey Traffic Control Device, 316.075(1)(c)(1) Failure To Stop at Steady Red Signal, 316.172(1)(a) Failure To Stop For a School Bus and 316.191(3)(a) Spectator of Racing on the Highway. If the school option is elected and completed, points will be not be assessed and the DHSMV's school requirement for these charges will be met.

Option 1 Section A - Pay Civil Penalty

By electing this option, you will be required to pay the civil penalty in the amount authorized by statute within 30 days of the date the citation was issued, by mailing or personally delivering to the Office of the Clerk of Court at any of our offices. The following shall apply:

• Upon receipt of payment, your citation will be final.
• The civil penalty charge will be entered as a conviction on your driving record.
• If applicable, POINTS WILL BE ASSESSED.
• Once you select this option, and pay the applicable fine, you will NOT be allowed to elect any other options.

Exceptions to Option 1 Section A

If you are charged with operating a motor vehicle in an unsafe condition or not properly equipped pursuant to F.S. 316.610 and 316.2935 you may within thirty (30) days from the date the citation was issued, pay a $4.00 fee to any local law enforcement agency and have the correction certified by that law enforcement agency signing the affidavit of compliance found on the back of your yellow ticket. You must mail or personally deliver to the Office of the Clerk of Court at any of our offices, within thirty (30) days from the date the citation was issued, the signed affidavit of compliance along with your payment for the reduced civil penalty in the amount of $96.00 payable to the Volusia County Clerk of Court. NO POINTS WILL BE ASSESSED.

This option shall not apply to violations of F.S. 316.610 by a commercial motor vehicle or transit bus owned by a government entity.

Dismissible Violations with Fee

Citations issued pertaining to vehicle tags, registrations, driver licenses and/or insurance violations can be dismissed if, at the time the citation was issued, the item was valid. You must mail or personally deliver to the Office of the Clerk of Court at any of our offices a copy of the valid item along with a dismissal fee in the amount of $10.00 payable to the Volusia County Clerk of Court within thirty (30) days from the date the citation was issued.

If the item was not valid at the time the citation was issued, you are required to pay the full statutory civil penalty. The following offenses can be dismissed:

• 316.646(1) - Proof of Insurance Required
• 320.0605(1) - Failure to Display Registration; Possession Required
• 320.07(3)(a) - Operating Motor Vehicle With Expired Registration 6 Months Or Less
• 320.07(3)(b) - Operating Motor Vehicle With Expired Registration More Than 6 Months
• 322.03(1) - No Driver License
• 322.03(3)(c) - Operating Vehicle Without Proper License
• 322.15(1) - DL Not Carried/Exhibit on Demand
• 322.065 - Expired DL 4 Months or Less

Option 1 Section B - Pay Civil Penalty with Extension to Pay

If you are electing to pay the civil penalty but need additional time to pay, under the authority of Volusia County administrative order, the Clerk's Office is authorized to grant a one-time 60-day payment extension. All requests for extensions must be made in writing and filed by mail or in person at any of our offices on or before thirty (30) days of the citation issue date. We must advise you of the following:

• You must complete a Payment Extension Agreement form - Option 1, online or at any of our offices.
• Payment Extensions shall be considered an admission of guilt and points will be assessed where applicable.
• Payment extensions shall be considered to have waived any rights to speedy trial.
• Payment extensions waive your right to elect school or request a court hearing.
• Payment extensions waive your right to exercise dismissal and reduce fine options.
• No further extensions shall be allowed.

Option 2 - Election to Attend Traffic School

Florida law allows a person to elect to attend traffic school. This option can only be elected once in a 12-month period, and no more than eight (8) times in a lifetime. Many traffic schools are available and some offer classes online. For further information contact a traffic school listed in the yellow pages of your local phone book. By selecting this option:

• You must pay the fine and court cost listed below on or before thirty days of the citation issue date
• Adjudication will be withheld from your driving record.
• POINTS WILL NOT BE ASSESSED.

In order to elect the school option, you must complete a School Affidavit Form - Option 2 (online or at any of our Traffic office locations) and pay the applicable fine. Upon receipt of your payment and the completed school affidavit, you will have sixty (60) days from the date the affidavit is filed with our office to complete the traffic school and submit the proof of completion to any of our offices.

• No continuances are allowed.
• Failure to provide proof of completion will result in additional late fees and possible suspension of your driving privilege.

Return the school completion certificate by:

• FAX: (386)822-5003,
• EMAIL: SCHOOLCOMPLETIONS@CLERK.ORG or
• MAIL TO:

Clerk of Circuit Court
Traffic Division
P.O. Box 6043
101 N. Alabama Avenue
DeLand, FL 32721-6043

NOTE: This option is not available to any person who holds a commercial driver license issued by the State of Florida, for violations requiring a mandatory court appearance, or for persons cited with the following violations:

• 320.0605 - Failure to Display Registration
• 320.07(3)(a) - Operating Motor Vehicle With Expired Registration 6 Months Or Less
• 320.07(3)(b) - Operating Motor Vehicle With Expired Registration More Than 6 Month
• 322.065 - Expired DL - 4 Months or Less
• 322.15(1) - DL Not Carried/Exhibit on Demand

Remember: You MUST elect the school option within thirty (30) days from the date the citation was issued or it will result in additional late fees being assessed and/or possible suspension of your driving privilege.

Option 3 - Nolo Contendre Affidavit

Pursuant to F.S. 318.14(10)(a), if you are charged with any of the following violations you may be able to avoid a court appearance by entering a plea of Nolo Contendre, completing an affidavit, presenting a valid driver license, registration, or insurance and paying court costs in the amount of $69.25/$7.00 Affidavit Fee for a total of $76.25 except if charged with a No Proof of Insurance F.S. 316.646(1), the cost is $51.40/$7.00 Affidavit Fee for a total of $58.40.

NOTE: This option is not available to any person who holds a commercial driver license issued by the State of Florida.

• 316.646 - No Proof of Insurance
• 320.0605(1) - A Failure to Display Registration
• 320.07(3)(a) - Operating Motor Vehicle With Expired Registration 6 Months Or Less
• 320.07(3)(b) - Operating Motor Vehicle With Expired Registration More Than 6 Month
• 320.131 - Temporary Tag Expired 7 Days or Less
• 322.065 - Expired DL - 4 Months or Less
• 322.15(1) - DL Not Carried/Exhibit on Demand
• 322.34(1) - Unknowingly Driving While License Suspended/Revoked

By electing this option you only pay court costs and adjudication will be withheld from your driving record. You may make this election 3 times in your lifetime but no more than once during a 12-month period. To elect this option you MUST complete a Nolo Contendre Affidavit - Option 3 form online or at any of our offices. The affidavit MUST be notarized and mailed in with your payment and a copy of the now valid item within thirty (30) days of citation issue date.

Option 4 - Request a Court Date

You may request a court date by filing a written plea with the Clerk of Court within thirty (30) days from the date the citation was issued and request that a court date be scheduled. Request a Court Date Forms - Option 4 are available online or at any of our offices. You will be notified by mail of the scheduled date to appear.

• If you are unable to appear in person for your court date, you MUST file an Affidavit of Defense in lieu of your personal appearance. Forms are available online.
• NO CONTINUANCES WILL BE ALLOWED.

Please be advised that the Court does not make a verbatim record of these proceedings. If you wish to have a record made, it is your responsibility to supply and operate a tape recorder. If you choose to record a hearing, the original tape must be delivered to the clerk immediately after the hearing. If you wish to file an appeal based on the record, it is your responsibility to have the tape transcribed by an official court reporter. You are responsible for payment of transcription costs. (See Rule 6.460(b), Florida Rules of Traffic Court.)

Remember: Your written request for court MUST be received in this office within thirty (30) days from the date the citation was issued or it will result in additional late fees being assessed and/or possible suspension of your driving privilege.

Driving Record History

Printouts of a three-year driving record are available from the Clerk's office. The records are generated from the Department of Highway Safety and Motor Vehicles' database. The cost for a driving history printout is $14.25. The records may be purchased at one of our offices 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.

You must include a stamped self-addressed envelope with your mail-in request and payment.

Note: Complete driving records are only available for customers who appear in person with their driver license for a fee of $16.25.

Number of Points Assessed

Please contact the appropriate Driver License Bureau to find out how many points are assessed against your license. The Clerk of Court cannot give information on the number of points assessed against your license.

Reinstating a Driver License

If you have no other outstanding suspensions and a current license, we can reinstate your driver license for an additional $60.00 fee. This applies to a Florida Driver License only and must be paid with a separate check or money order. All other suspensions must be handled through the appropriate Driver License Bureau. To find out if we can reinstate your license, you may contact the Clerk of Court at one of our offices.

Collections

Any amount of Fines, Fees or Costs assessed by the court that remains unpaid after 90 days will be turned over to a collection agency pursuant to Florida Statute 28.246 and 938.29. Collection agencies may add up to 40% for their services. Contact the agency assigned to your case to determine the full amount due. Partial payments are accepted.

If your driver license is suspended and your case was assigned to a collection agency, you must pay the full amount due to the collection agency before you can reinstate your driving privilege.

Click here to obtain collection agency contact information and hours of operation.