When fighting a traffic ticket in Florida, the unfortunate reality is that the defendant is viewed by the court as willing to say or do anything to get out of the ticket. Thus, the best way to beat a speeding ticket or traffic ticket in court is to make a legal argument, not a factual one. This article explains some of the tools on your side and how to wield them to beat Florida traffic tickets.
Motion to Extend Time - When you need to delay a scheduled trial for traffic court, you can file what is called a "continuance". Some reasons for a continuance for traffic court are illness, career responsibilities, family issues, and travel commitments. If you are slated for a court appearance in Florida and need to reschedule it, you need to provide a good reason and the court will consider your request. Generally, requests for court continuances must be filed at least five (5) working days prior to the court date. If it is filed later than that it will usually be ruled on at the time of trial. Note that delaying your traffic court trial date automatically waives your right to speedy trial.
Motion to Dismiss - Speedy Trial - Florida Rule of Traffic Court 6.325 plainly states "If trial is not commenced within 180 days, the defendant shall be entitled to dismissal of the infraction charge." After you plead not guilty to your ticket, which you have 30 days to do, the court will give you a hearing. That hearing must be at least 30 days in the future from when they notify you of your hearing. If something happens that causes that hearing to be more than 180 days from the day you got the traffic ticket, your ticket can be dismissed. CaseGuide will provide you, already filled out with your information, the form to file in the event your case is not heard in time. Most of the time, the courts are able to get you a hearing within 90 days of the infraction, but occasionally they will be backed up and unable. In Brevard County, Florida in 2016, ~80 cases took longer than 180 days. If that happens to you and you file this form, you win your case.
CaseGuide helps people make informed decisions about cases and traffic tickets they're involved in.