Legal Question in Traffic Law in Florida

Speeding Ticket

October 15, 2003

I am a single Mom who recently went on short term disability and I am only receiving 50% of my income minus the taxes. I received a speeding ticket way back in March and requested a hearing for it. I was not speeding but have no way of proving I was not speeding. There was heavy morning traffic when I was pulled over on my way to work, which made me nervous being in; thankfully I was alone and my children were not there on the side of the road with me. Also, for scheduling problems with my work, I asked to reschedule my original hearing that was set for Sept. 5. They rescheduled it to today, Oct. 15 at 7:30pm so I will have to bring my two children. I have three questions about this:

1) According to the Constitution, I have the right to a fair and speedy trial; how can I have a fair hearing when it's a civilian's word against a Police Officer's

2) And even though my hearing was rescheduled only one month later, does it violate my constitutional rights to a speedy trial to make me wait this long for a hearing?

3) How could I possibly beat this spedding ticket; especially now that I could not possibly pay it?

Please help me. Thank you.

Ms. Lindsey


Asked on 10/15/03, 9:13 am

1 Answer from Attorneys
Dan Akes C. Daniel Akes, Attorney at Law

Re: Speeding Ticket

1) You are entitled to a fair trial not a perfect one. The judge listens to your testimony and the testimony of the officer. You are right, that the judge usually believes the officer where there are conflicting statements. It's not perfect.

2) You have a right to be tried within 180 days from the date of your ticket. It is unclear from your message whether the 180 days had expired before the previous trial date. If it had not, then you waived this right by asking that the trial date be postponed. Probably if your request to postpone the date was within the 180 days, you waived the right, even if the original trial date was beyond 180 days. If your request to postpone the trial came after the 180 days had expired, ask the judge to dismiss the charge pursuant to Rule 6.325, Florida Rules of Traffic Court. You can try that if the original trial date was beyond 180 days, but I predict it won't work.

3) If you have not taken the traffic school option within a year or 5 times lifetime, you could avoid the conviction that way. However, you would not likely save any money, since the cost of that option generally is more than just paying the fine. If you have a trial and the judge convicts you, let him know of your financial condition. He may give you as long as possible to pay the fine.

4) Sometimes the officer does not appear at trial. If that happens, ask the judge to dismiss the citation.

Dan

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Answered on 10/15/03, 9:56 am


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