- Meltzer & Bell, P.A.
- Procedures in Traffic Court
Procedures in Traffic Cases
According to the Florida Highway Safety and Motor Vehicles (FLHSMV) Annual Uniform Traffic Citation Report, there were 1,983,627 noncriminal moving violations and 353,038 criminal moving violations in 2016.
Roughly one-third of the criminal moving violations and nearly one quarter of the noncriminal violations resulted in not guilty verdicts, cases dismissals, or cases being nolle prossed (which means that the case will not be prosecuted).
While many people simply pay whichever fines are imposed after being issued traffic tickets in Florida, it is important to remember that paying the fine is the same as pleading guilty to the underlying violation.
Florida uses a point system to assign points to a person's driving record as relative values to convictions. Excess points within a certain period of time can result in the suspension or revocation of a person's driver's license. Other procedures used in civil traffic infractions are unique to traffic court.
Attorney for Traffic Court Procedures in Florida
If you were cited anywhere in Florida with a noncriminal infraction or criminal traffic violation, it is in your best interest to seek legal representation for help possibly having your ticket thrown out. Meltzer & Bell, P.A. defends clients in communities throughout all of Florida including Broward County, Palm Beach County, Miami-Dade County, Martin County and St. Lucie County, Florida.
Our Florida traffic ticket attorneys can fight to achieve the most favorable outcome to your case with the goal of resolving the case with the fewest penalties.
Call (561) 500-5000 right now to have our attorneys provide an honest and thorough evaluation of your case during a free, confidential consultation.
- Procedures Unique to Traffic Court
- Types of Noncriminal Traffic Offenses in Florida
- Types of Criminal Traffic Violations in Florida
For any traffic infraction that is resolved in a traffic court, the court will follow the Florida Rules of Traffic Court. Those rules govern the procedures that apply to civil traffic infractions and traffic misdemeanor cases.
The procedures that are unique to traffic court include:
- a twelve (12) month statute of limitations for any traffic infraction;
- a 180 day speedy trial period for traffic infractions beginning when the defendant is served with the citation;
- special rules for amending the traffic infraction;
- rules for when a mandatory hearing is required for a traffic infraction;
- rules for the points system in Florida for traffic infractions and offenses;
- mandatory driving school requirements; and
- discovery rules in speeding ticket cases.
Civil traffic infractions are commonly referred to as noncriminal violation. Most civil infractions can be resolved through payment of fines or attending traffic school. Noncriminal infractions may include non-moving violations or moving violations, with some of the most common including—but not limited to:
- Speeding Zone
- Driving Too Slowly
- Passing a School Bus
- Handicap Tickets
- Illegal Turns
- Illegal U-Turn
- Seat Belt Violation
- Improper Lane Changes
- Driving without Insurance
- Toll Violation
- Express Lane Violations
Certain alleged moving infractions are classified as criminal violations. People accused of these types of offenses are typically required to make court appearances.
Whereas civil infractions are usually punishable only by fines, criminal violations can result in fines as well as possible jail or prison time. Criminal traffic violations may be misdemeanor or felony offenses, and some of the most common include—but are not limited to:
- Driving Under the Influence (DUI)
- Driving While License Suspended with Knowledge
- No Valid Driver's License
- Violation of Driving Restriction
- Driving on a Habitual Traffic Offender (HTO) Revocation
- Leaving the Scene of a Crash (Hit and Run)
- Reckless Driving
- Racing on Highways
- Fleeing or Attempting to Elude
FLHSMV - The FLHSMV is the state agency responsible for issuing driver licenses, motor vehicle titles, and license plates. It also oversees the Florida Highway Patrol. Visit this website to read agency news, access driver vehicle reports and statistics, and search for answers to frequently asked questions.
State Uniform Traffic Control | Florida Statutes Chapter 316 - Chapter 316 of the Florida Statutes is also known as the Florida Uniform Traffic Control Law. The legislative intent of the chapter was to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities. View the full text of various state laws relating to traffic offenses.
Find a Driving Violation Lawyer in Florida
Did you recently receive a traffic ticket in the Sunshine State? Do not pay any fine for a traffic infraction without first contacting Meltzer & Bell, P.A..
Under Rule 6.340(c), an attorney can appear on behalf of a defendant at a hearing or trial without the presence of the defendant and without the defendant filing an affidavit of defense.
are experienced traffic ticket attorneys in Florida who represents clients throughout Florida including in West Palm Beach, Broward County.
You can have our lawyers review your case and answer all of your legal questions when you call (561) 500-5000 or complete an online contact form to a schedule free initial consultation.
This article was last updated on Friday, March 23, 2018.