Legal Question in Traffic Law in Florida

Traffic Law research

I recieved a speeding ticket that I have pleaded not guilty to. The officer in question took 2 months to file the ticket with the clerk of courts. In doing my research, I have found a state statute that says they must file these citations within 5 days. It is now impossible for me to recreate the driving conditions on tape at the time of the citation that would help establish my innocence. I have also heard that a case was heard in the 5th district court of appeals citing this statute. How do I find this case so I can also see if it will help me defend myself. There are no attornies in my area who will take traffic citation cases because they don't pay enough, and I am on my own.


Asked on 6/15/07, 11:36 am

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: Traffic Law research

Go to www.theticketclinic.com

As for the statute your are talking about, the caselaw says that teh failure to file the ticket within 5 days is non-jurisdictional and not a reason to dismiss.

Regards,

Richard Hornsby

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Answered on 6/15/07, 12:06 pm


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