Clearing a D6 Suspension in Florida for Failure to Appear or Pay Court Fines
A D6 suspension occurs in Florida when you fail to pay a traffic ticket or miss a court date. To clear it, you must resolve the underlying court requirement, obtain a D6 Clearance, and pay a $60 reinstatement fee to the FLHSMV.
What is a D6 Driver's License Suspension?
In Florida, a D6 suspension is a specific administrative block placed on your driver's license by the court system. Under Fla. Stat. § 318.15, this suspension is triggered when a driver ignores the judicial process-most commonly by failing to pay a traffic citation, failing to appear in court, or failing to complete a court-ordered driver improvement school. The suspension remains on your record indefinitely until you take affirmative steps to satisfy the court's requirements. Because driving on a D6 suspension can lead to an arrest and a criminal record, addressing the root cause immediately is vital. To efficiently navigate the clerk's office and traffic court, we suggest hiring a specialized traffic defense lawyer from our USA Lawyers directory.
Step-by-Step Guide to Clearing a D6 Suspension
Whether you received a ticket in Tallahassee, Jacksonville, or West Palm Beach, the process to lift a D6 suspension involves coordinating between the local county clerk and the state motor vehicle department.
Step 1: Identify the County Holding the D6
The first step is figuring out which county suspended you. You can obtain a copy of your driving record from the Florida Department of Highway Safety and Motor Vehicles, Tallahassee. The record will list the specific citation number and the county court that issued the D6 hold. If you have multiple unpaid tickets across different counties (e.g., one in Miami and one in Orlando), you must clear the holds in every individual county before your license is valid again.
Step 2: Reinstating After Missing a Traffic Court Date (Failure to Appear)
If your D6 was triggered because you missed a mandatory court hearing (a 'Failure to Appear'), simply paying the fine online will not work. You must file a formal motion to set aside the Failure to Appear and request a new court date. An attorney can file this motion on your behalf at the relevant courthouse, such as the Miami-Dade County Clerk of Courts, Miami. Once the judge grants the motion and resets the hearing, the clerk will immediately issue a D6 clearance so you can drive legally while waiting for your new trial date, pursuant to Fla. Stat. § 318.15, Fla. R. Traf. Ct. 6.620, and Florida Supreme Court traffic rules (In re Florida Rules of Practice and Procedure for Traffic Courts, 410 So. 2d 1337 (FL Supreme Court 1982)).
Step 3: Options for Unpaid Court Fines and Clerk Fees
If your D6 is simply due to unpaid fines, you have options. If the ticket is old, it has likely been sent to a private collection agency, and a collection surcharge (up to 40%) will be added to your balance. You can pay the collection agency or the clerk of the court in full. Once the balance reads zero, the clerk will electronically transmit the clearance to the state.
Step 4: How to Set Up a Clerk of Court Payment Plan to Immediately Lift the D6 Suspension
Florida lawmakers recognize that large court fines can be a barrier to employment. Under Fla. Stat. § 28.246(4), if you cannot afford to pay the entire fine at once, you can contact the local clerk's office to establish a monthly payment plan. By signing the payment agreement and making your first minimum monthly payment (often around $25 to $50), the clerk is legally required to lift the D6 suspension immediately. You do not have to wait until the full balance is paid to get your driver's license back, provided you continue to make your monthly installments.
Step 5: Submit the Clearance and Pay the FLHSMV Fee
Once the court requirements are satisfied, you will receive Form HSMV 74010, Florida, Department of Highway Safety and Motor Vehicles, Affidavit to Reinstate Driver License (often transmitted electronically). You must then pay a $60 D6 reinstatement fee to the FLHSMV. This can usually be done online or at your local tax collector's office.
How Much Does it Cost in Florida?
The total cost to clear a D6 suspension depends on the original fine, collection fees, and state reinstatement fees.
| Original Traffic Fine | Varies by infraction. A standard speeding ticket may be $200, while driving without insurance can be $500. |
| Collection Agency Surcharge | By law, collection agencies can add up to a 40% surcharge to the unpaid court balance. |
| D6 Reinstatement Fee | The FLHSMV charges a mandatory $60 fee per D6 suspension to reinstate your driving privileges. |
| Attorney Fees | Hiring a traffic lawyer to file a motion to clear a Failure to Appear usually ranges from $200 to $500. |
How Long Does the Process Take?
If your D6 is solely for unpaid fines, you can set up a payment plan with the clerk and pay the FLHSMV reinstatement fee on the same day, restoring your license within 24 to 48 hours. However, if you missed a mandatory court date, you must wait for a judge to rule on your attorney's motion to set aside the Failure to Appear, which generally takes 1 to 3 weeks depending on the judge's docket.
Frequently Asked Questions (FAQ)
What happens if I miss a payment on my clerk payment plan?
If you default on the agreed-upon payment plan, the clerk of the court will immediately notify the state to re-suspend your driver's license, and you will have to pay another reinstatement fee.
Do D6 suspensions add points to my license?
The D6 suspension itself does not add points, but the underlying traffic conviction (if you simply pay the ticket to clear it) may result in points being assessed against your driving record.
Can a lawyer clear a D6 without me going to court?
In most civil traffic cases, a licensed attorney can file the necessary motions and appear in front of the judge on your behalf, so you do not have to miss work to attend the hearing.
Will my insurance rates go up because of a D6?
A license suspension on your driving record is often flagged by auto insurance carriers during renewal, which can result in a significant increase in your monthly premiums or policy cancellation.
Where do I go to resolve a D6 in Orlando?
If the ticket was issued in Orange County, you must resolve the fine or file motions at the Orange County Clerk of Courts, Orlando traffic division.
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