Mandatory Court Appearance Infractions

Under Fla. Stat. §318.19 there are several (non criminal) traffic infractions that cannot be resolved by simply paying a Civil Penalty or electing traffic school.  These matters must be set for an initial appearance or Arraignment before a County Court Judge.   The entry of a conviction or imposition of points against your driving record would be strictly up to the Judge in at that hearing.   At this hearing, you are allowed to appear on your own or with the assistance of an attorney.  You will be asked if you wish to resolve the matter at that time, or whether you wish to set the matter for Final Infraction Hearing where the Law Enforcement Officer will be required to prove his case.  These matters deal with relatively serious matters, and when resolved, could have a serious impact on your life.  These infraction charges include:

CRASHES RESLUTING IN DEATH OF ANOTHER:  If you have been charged with a traffic infraction which allegedly was the cause of a crash resulting in the death of another, you face mandatory penalties.  These penalties include a $1000 fine and a six (6) month driver license revocation.  Depending on whether the Court determines that there are aggravating circumstances, the Court could order a longer revocation term, require the completion of an intermediate or advanced (8 to 12 hour) driver improvement course, require the completion of a Victim Impact Panel from M.A.D.D, and/or require up to 120 hours of community service in a local hospital’s trauma unit.

CRASHES RESULTING IN A SERIOUS BODILY INJURY TO ANOTHER:  If you have been charged with a traffic infraction which allegedly was the cause of a crash resulting in the serious bodily injury to another you also face mandatory penalties.  These penalties include a $500 fine and a three (3) month driver license revocation.  Depending on whether the Court determines that there are aggravating circumstances the Court could impose an (8 to 12 hour) driver improvement course, require a Victim Impact Panel from M.A.D.D. and/or require community service hours.  In these cases, it is important for the Court to determine whether the injury is “serious” as defined by Fla. Stat. §316.1933(1).   That statute states that “’serious bodily injury’ means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”  An experience attorney could be able to argue that the injury is not “serious” using applicable law, thus, you could avoid these enhanced penalties.

SPEEDING CITATIONS ALLEGING SPEEDS IN EXCESS OF THIRTY MILES PER HOUR OVER THE SPEED LIMIT:  If you have been charged with a citation that alleges a speed in excess of thirty (30) miles per hour over the posted speed limit you face enhanced civil penalties of at least $500.  Judges could also additionally impose a driver license suspension, traffic school (of any course), and community service.

PASSING A STOPPED SCHOOL BUS WITH SIGNS EXTENDED:  If you are charged with this type of infraction though a traffic citation issued by law enforcement officer, you will be required to appear before a County Court Judge and could face penalties up to a $500 fine plus applicable court costs.  If the Court determines aggravating circumstances, they could impose traffic school, community service and/or a driver license revocation.  If you received a citation alleging this charge in the mail, then it the citation was issued by use of a special enforcement camera.  A first notice of this charge is called a “Notice of Violation”.  “Notices of Violation” issued through the use of enforcement cameras can be resolved short of a court hearing.  If you miss the opportunity to resolve this citation out of court, you will get a second notice entitled “Uniform Traffic Citation”.  These matters have turned into a regular traffic citation and must be dealt with through the courts.

LOAD DROPPING OR SHIFTING:  If you receive a citation alleging that you failed to secure a load resulting in part of it falling onto the roadway, you must appear before a County Court Judge, and could face penalties up to a $500 fine plus applicable court costs.  If the Court determines aggravating circumstances, they could impose traffic school, community service and/or a driver license revocation.