Tampa, FL asked in Criminal Law and Traffic Tickets for Florida

Q: I received a citation in Florida and called every few days up to the court date and the ticket was not filed by Trooper

Now almost three weeks later I receive a message that I have a court date six weeks after initial date. Is this citation valid?

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1 Lawyer Answer
Henry George Ferro
Henry George Ferro
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: You are not providing me with any specifics needed to provide you an answer, but this may be of some help. Florida Statute 316.650 provides that: Except for a traffic citation issued pursuant to s. 316.1001 or s. 316.0083, each traffic enforcement officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any municipality or town, shall deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 5 days after issuance to the violator.

In any event, if the officer does not do anything within 180 you have an argument to dismiss on the basis of speedy trial requirements.

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