Florida Rules Of Traffic Court: Fill & Download for Free

Thanks for the A2A, Michael Prete.I begin by first reminding everyone that “contempt of court” comes in three flavors. The first is Direct Contempt of Court, which means that the contempt action occurs in front of the judge and disrupts the court proceedings. The judge has the authority to take actions to maintain the integrity and effectiveness of the court. This can include all types of infractions including a violation of dress code, talking too much and too loud in the galler, showing disrespect or disdain of the court, and many more.The second type is indirect contempt of court. It is generally defined a actions taken outside the presence of the judge. Closely related to the first two, the third type of contempt is commonly referred to as civil contempt. The more common methods for civil contempt include the failure to obey a court order.We can get a better feel for just how much power the traffic court judge may have by looking at a couple of the methods used in the various states. Let’s start with Florida, which has a specific set of rules for their traffic courts. Here is the language from the Florida statutes:RULE 6.090. DIRECT AND INDIRECT CRIMINAL CONTEMPT — Direct and indirect criminal contempt shall be proceeded upon in the same manner as in the Criminal Rules of Procedure.The next example is a state law that specifically applies to the City of Philadelphia traffic courts. Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 4139. Contempt powers of Traffic Court of Philadelphia, states …(a) General rule.--The Traffic Court of Philadelphia shall have the power to issue attachments and impose summary punishments for criminal contempts in the following cases:(1) Misbehavior of any person in the presence of the court thereby obstructing the administration of justice.(2) Failure of a person to obey lawful process in the nature of a subpoena issued by a traffic court judge.(3) Failure to comply with an order of a traffic court judge directing a defendant in a criminal proceeding to pay fines and costs in accordance with an installment payment order.Hope this helps.

Traffic court procedures vary from state-to-state. In Maryland, for instance, traffic cases are tried by a “real” judge with a real law degree who applies the rules of evidence and procedure. In neighboring Pennsylvania, the district magistrates who hear traffic cases are not required to have law degrees. They are elected. Many are retired police officers. And the rules of evidence and procedure in traffic cases are most often whatever these “judges” want them to be. In Florida, traffic court duty rotates among the county court judges. Rules of evidence and procedure are applied, but most will allow a little wiggle room.There are 47 other states, all with their own ways of doing business. So there’s no one size fits all answer to “Is it really worth fighting a traffic ticket?” If your defense is (legitimately) based on the law rather than the facts, you want a judge who knows that law and its application. Which pretty much rules out Pennsylvania, where it’s not uncommon for savvy defendants to stand before the black-robed retired cop (who’s yet to meet an innocent man), plead not guilty, present no defense, then take an appeal (a new hearing) to the backlogged court of common pleas. Odds are you’ll die of old age before your case is set for trial. Or you’ll receive a terse letter informing you that your citation has been dismissed.In Maryland and Florida, if you have a legitimate defense you can go to court with a reasonable expectation your defense will be heard and that the court’s verdict will be based on the law and the merits. Both states also provide judges with options such as probation before judgment and adjudication withheld. If you have a stellar driving record, you weren’t doing 75 in a school zone, and the officer testifies you were polite and cooperative, you have a reasonable chance of walking out of the courtroom without a conviction on your record.A decision to “fight” a traffic ticket largely hinges on how these cases are handled in your state. And who does the handling. Do your homework, learn how the system works (or doesn’t work), sit in on a few cases, and take it from there.

This is a great question that provides an opportunity to roll out a few of the legal system's dirty little secrets. Before we cue the denials, understand that traffic court procedures vary from state to state and jurisdiction to jurisdiction. What's true in one place might not apply somewhere else. Best to buy an old high school buddy with a law degree a few beers and find out how it works where you call home.Absent a requirement that you appear, you will most likely enter your "guilty plea" by sending off a check to the clerk of the courts. The points are added to your record and your auto insurer gets to jack up your premiums. You have forfeited your right to compel the state to prove your guilt beyond a reasonable doubt (and reasonable doubt, not preponderance, is the actual and most common burden despite claims to the contrary). You have also effectively forfeited your right to take an appeal. Case closed.If you opt to appear in court to enter that plea of guilty, you once again forfeit your right to compel the state to prove your guilt beyond a reasonable doubt. And, once again, you have forfeited your right to appeal. Further, you are now at the mercy of a judge who might be having a bad day or doesn't like your haircut. Bad idea.Should you opt to tell it to the judge, your not guilty plea is a formality that leaves your options open. The courts understand this. It serves to preserve your right to appeal if the judge is having a bad day or doesn't like your haircut. You force the state (and in many jurisdictions this is the officer, or "affiant") to reveal its case against you, possible warts and all. You are not compelled to enter an affirmative defense.Why do this? As they say, it's complicated. And it varies from one jurisdiction to another. As they also say, if the facts and the law are against you, throw yourself on the mercy of the court. By pleading not guilty you preserve your record and your right to an appeal, and you can use your traffic court appearance to ask the judge to cut you a break. Your even tempered cross examination of the officer will lay the groundwork by establishing that you were polite and cooperative throughout the stop. Judges like this. Elicit any testimony that paints you in a positive light.You then effectively plead guilty without actually pleading guilty. When your turn comes, tell the court you're "stipulating" to the facts and the law as presented. Then ask to be heard on disposition rather than on the merits. If you've done your homework and you know what factors tend to push the judge's buttons (insurance is among the most common), push them. Point to your impeccable roadside behavior and driving record. Trot out any potential financial hardship a hefty fine might create - two weeks worth of groceries to feed the kids and the dog, for instance. Say you're sorry and pledge to be more observant in the future. Promise the judge he'll never see you in his courtroom again.In some states, traffic cases are heard by glorified justices of the peace with little or no legal training. Many of these minor judiciary justices are former cops, elected to the job by voters who bought into a political promise to restore law and order as only a former cop can do. It's a good gig, one they'd like to keep. But they need to walk a fine line between not ticking off their former police department pals (who might have their own political designs) and not ticking off the voters. Ask, and the odds are you shall receive. Plus, you have little or nothing to lose. Why?In many states, appeals taken from a minor judiciary (traffic court) ruling are "de novo." This means grounds for an appeal aren't required. Your appeal to a "real" court becomes an entirely new trial. Before a real judge, one who likely has a law degree and wasn't pounding down coffee and Marlboro's with the cop in chambers prior to calling your case. And with a real prosecutor who's backlogged on minor judiciary appeals piled on top of a mountain of real cases involving actual criminals. But you don't get this opportunity to add to that prosecutor's already impossible workload if you pleaded guilty at your minor judiciary hearing.What's the average time between filing an appeal and a hearing on that appeal? Although the mileage varies, it's pretty close to "never." And often longer. And while you're waiting for "never" to roll around, lots of stuff can happen. The cop can retire to Florida, get fired, get transferred, get a job in another state, wind up on the wrong side of the six o'clock news or drop dead. It's most likely you'll open the mail one day to find a check and a letter informing you your case has been dismissed or stet docketed.Unless you pleaded guilty.There's something else. Those ex-cop minor judiciary justices, who tend to know as much about the law as they do neurosurgery, hate having their cases appealed and their rulings overturned or ignored. A minor judiciary justice or magistrate who creates a rash of docket-cluttering de novo appeals is likely headed for a very unpleasant chat with a very real and very grumpy presiding judge.If your minor judiciary justice or magistrate senses you're in his courtroom simply to lay the groundwork for a slam dunk de novo appeal (it's okay to tell him this, BTW) there's a chance you could find yourself on the receiving end of an offer you can't refuse. And yeah, it happens. I know. (My deal with hizzoner was adjudication withheld (no verdict) and 12 months probation. No fine, no fees, no court costs and no insurance company hassles. )"What are the implications of pleading not guilty to a speeding ticket?"None. Not really. In most jurisdictions today, it's the guilty plea that carries the implications. With fines and surcharges (aka "taxes") for relatively minor offenses approaching $500 plus the resulting hit to your insurance, in some states and counties radar guns have become cash cows for the court system, the police and an insurance industry that owns and controls the regulators. And the honest cops know it. While the guy attempting a land speed record in a school zone deserves everything coming his way, politicians and revenue-starved police chiefs have turned the motor vehicle codes into an ever-expanding ATM machine that primarily exists to soak otherwise law-abiding citizens. It's asset forfeiture without the hassle. And with pressure to keep taxes down, reform isn't on anyone's radar these days."Not guilty, your honor." Can the judge toss you in jail? He won't. Can the judge jack the fine to four digits? He won't. Will he give you a fair hearing? Maybe. Maybe not. Doesn't matter. A notice of appeal is a one page form. "Not guilty, your honor."