Serious Citation in Florida

[armysoldier]

I was issued a citation - seminole county, FL for speed 35 mph over
limit - (limit 65 and FL state trooper laser radar detected me traveling 100 mph). The citation says a court appearance is not required and after further investigation it seems mandatory infraction hearings before officials are standard for this. However, the F.S. violation is listed as 316.187.2b which is just speeding (general for 4 lane highways with median) and the citation says I CAN ELECT A HEARING -- not mandatory as some contradictory research I have compiled indicates.

This seems like the state trying to make their own loopholes or amendments and of course I would like to use this to get the citation dismissed. What should I do? Supposedly I will be receiving a letter soon and the court hearing is 8th friday from the date of offense so should I submit a form to the clerk of court with my own letter that states my intent to plead "not guilty?" Also, should I state in my letter the plea "not guilty" and ask at minimum for adjudication withheld? Or should I get an attorney? It seems like legal representation would do the same I could do because in the past I have always submitted letters to the hearing officers without an attorney submitting their own letter (i.e. notice of appearance by attorney for representation).

Furthermore, due to my own proceedings most of my citations have been dismissed or adjudication has been withheld. Notwithstanding, the proceedings for this citation seems odd -- although after looking at F.S. Ch 318 it seems like I would have to make an appearance (especially for violations of chapter 316).

Nonetheless, I am very confused as even the officer stated that any other citation would be satisfied according to the three options listed on standard citations -- but in my case, a mandatory hearing would be scheduled. If this is true then why would my citation look like a standard citation and why would the violation of the F.S. statute listed apply to anyone speeding over the posted limit of 65 MPH. That would mean anyone speeding over 65 mph would have to show up for a mandatory traffic infraction hearing before a hearing officer!

So how can it be possible that a letter would be sent to me requiring a hearing and appearance if my citation says "Infraction which does not require appearance in court?" I even went to the seminole county's websites and it does say anyone speeding over 35 mph will have a mandatory hearing set 8 days after infraction according to F.S. but still WHY WOULD MY CITATION SAY OTHERWISE AND OFFER OTHER OPTIONS? If I could pursue the options on my citation then I would elect a hearing and submit a letter without making an appearance as I have clearly done in Orange County, Fl and NEVER APPEARED BEFORE THE HEARING OFFICER OR OFFICIAL.

Maybe the state trooper filled out the form incorrectly. I spoke to someone at a firm specializing in traffic law and they said a special citation should have been issued saying that there would be a hearing five to ten days from the day of offense. The representative didn't know why my citation said the infraction did not require appearance in court but that a court date would be issued 10 days after the date of the "supposed letter" was issued from the seminole clerk of the court.

So in short, it seems like to me that there is no difference between a court appearance and hearing and am according to the citation, I don't think I am required to appear anywhere. In addition, in leu of all this information, I think can I get this citation dismissed following the same methods I have in the past.

I really hope this citation can be dismissed. How would I go about doing so?

Thank you.

FloridaWhat is the name of your state (only U.S. law)?

[Zigner]

You should seek the help of a local attorney.


And, SLOW DOWN!

[I_Got_Banned]

Citations are usually designed and printed as a form approved by the judicial council that oversees the court system. Since it would be difficult for them to fit a description for each and every procedure required depending in the citation, they only list those procedures for the general average citation. However, driving at 100mph or 35mph over the limit is far from being average.

I would suggest that you wait for the letter from the court as I am sure it will detail the specific procedure you need to follow for this particular violation. Anything that you might do prior to the receipt of that letter might be a waste of time.

Alternatively and as Zigner suggested, seeking the advice of a local attorney might prove fruitful even if it only turns out to be as a consultation and nothing more.

[Maestro64]

It sounds like the officer screwed up and if you went by what he did you could find yourself in world of hurt later. At least you were smart enough to do your own research and find out that you most likely will need to show in court.

Since you did not say you were actually going 100MPH and the fact the officer was using LIDAR, there can be numerous reasons for a 100MPH reading. The fact the officer can not seem to issue the correct citation, say he might be unable to follow directions and might have used the LIDAR improperly.

My understand is FL has these traffic lawyer who pretty much guarantee you will not have to show in court and if they can not get you off they can surely get it reduced. As others have advised you should look into them since this is outside the DIY territory