Legal Question in Traffic Law in Florida

can the judge prosecute?

While in traffic court, I noticed a couple of interesting things that I was hoping could be answered. I was pleading ''not guilty'' to a speeding ticket. When I noticed that there was no prosecutor, I pointed it out to the judge and asked him if he would be prosecuting. He said no. Therefore, I gave him a document, informing him of the limitations the People were imposing on themselves, one of which was ''The trier of facts should be precluded from entering into evidence any material reserved for introduction by a prosecutor.'' Later, after he had questioned the officer involved, he began entering into evidence the certifications that the officer had brought to court concerning the callibrations of the radar used and things of that nature. I objected, saying ''Your Honor, I object. This action is a procedure for a prosecutor. The officer is not the prosecutor and as such can not enter into evidence written or other material items.'' To my surprise, he said ''I overrule your objection.'' I said, ''On what grounds?'' He looked at me again and said, ''Because I overruled it.'' Can someone with more understanding of the law explain to me how he was able to enter evidence without a prosecutor, even after my objection? Thanks


Asked on 1/21/09, 5:02 pm

1 Answer from Attorneys

Gordon Fenderson Fenderson Law Firm

Re: can the judge prosecute?

Speeding tickeds are civil infractions that dont need a prosecutor. Apparently you have been studyinf criminal law. TThat did not apply here. What does apply are the rules of traffic court. The judge does not need to have grounds to over rule you objection. You actually have to have valid grounds to make the objection. From your narrative, you did not. No prosecutor is needed for a judge to listen to evidence of a civil infraction. But no, the Judge can't prosecute and he was not doing so in this case.

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Answered on 1/27/09, 4:19 pm


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