Legal Question in Traffic Law in Florida

I got a speeding ticket back in February 2009. I then contacted a lawyer that said he would take care of the ticket, he said his goal was to get the ticket dismissed, I did not need to go to court. After not hearing anything for over a year I thought the case was dismissed so I put it out of my mind. Then on June 18th 2010 I get a letter in the mail that I have a court date of August 2010 I called the lawyer, and they told me that they were taking care of cases that fell thru the cracks. This would be almost a year and a half since I got this ticket in all fairness shouldn't this ticket have been dimissed? Is there a law that says I'm suppose have a speedy trail how long can they hold something like this over your head?


Asked on 6/21/10, 2:51 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

There is a six month speedy trial period on infractions but since it has been so long, I would guess that there is something else going on. You need to talk to your lawyer and find out what is going on.

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Answered on 6/21/10, 7:27 pm
Amir Ladan The Ladan Law Firm, P.A.

Speedy trial on civil infractions, such as speeding, is 6 months. I am unaware of an exception to this rule for clerical errors, so when your attorney indicates it fell through the cracks, it sounds to me as though your attorney may have dropped the ball. I suggest you do 2 things immediately. First, go to the DHSMV website & check the status of your driver's license and make sure it isn't suspended. Second, look up your citation with the Clerk of Court in the county where the citation was issued to determine the cause of the delay. If your attorney continued your case at any point during the speedy trial period, that continuance would generally act as a waiver of the speedy trial period, which could also explain a delay.

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Answered on 6/22/10, 2:53 am


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