Discovery Rule in a Speeding Ticket Case
Rule 6.445 of the Florida Rules of Traffic Court, provides a special discovery rule that applies to an electronic or mechanical speed measuring device. Under this rule, an officer must include, within the body of the citation, the type of device and the manufacturer's serial number.
If any relevant supporting documentation regarding such device is in the officer's possession at the time of trial, the defendant or defendant's attorney shall be entitled to review that documentation immediately before that trial.
Otherwise, officers are not subject to discovery violations in civil cases involving other types of civil traffic infractions. Criminal Procedure Rule 3.220, which allows the defense to participate in the discovery process, does not apply to civil infractions.
For this reason, the defense is not normally entitled to any remedies for discovery violations other than a violation of Rule 6.445 of the Florida Rules of Traffic Court.
Speeding Ticket Attorneys in Florida
If you were given a citation for a speeding ticket in South Florida, in St. Lucie County, Martin County, Palm Beach County, Broward County, or Miami-Dade County, FL, then contact an attorney at Meltzer & Bell, P.A.. Our attorneys understand the procedural and substantive rules that apply to civil traffic infractions resolved in the traffic courts in Florida.
From our office in Fort Lauderdale, we represent clients throughout Broward County at the Central Courthouse in Fort Lauderdale, FL, the County Civil North Regional Courthouse in Deerfield Beach, County Civil South Regional Courthouse in Hollywood, and County Civil West Regional Courthouse in Plantation, FL.
From our office in West Palm Beach, FL, we represent clients throughout Palm Beach County at the Main Courthouse in West Palm Beach, the West County Courthouse in Belle Glade, the North County Courthouse in Palm Beach Gardens, and the South County Courthouse in Delray Beach.
We also represent clients in Fort Pierce and Port St. Lucie in St. Lucie County, Hobe Sound and the Village of Indiantown in Martin County, and in Coral Gables, Hialeah, Miami Beach and Miami in Miami-Dade County, FL.
Types of Speeding Ticket Measuring Devices in Florida
The Committee Notes for the 2009 amendment of Rule 6.445 of the Florida Rules of Traffic Court were based on the fact that currently 5 different speed measuring devices or types including:
- pace car;
- VASCAR; and
- airplane with a stopwatch.
When the rule was amended, it was believed by the Traffic Court Rules committee that identifying the type of measuring device is not unduly burdensome to the state and it is necessary for the preparation of a defense.
Withholding this information until the time of trial unduly prejudices the defense. This amendment is also forward-looking in that as new measuring devices appear, the new measuring devices can be effectively used as long as they are disclosed.
This article was last updated on Friday, March 23, 2018.
From left to right: Ari Goldberg, Lawrence Meltzer, Steven Bell, Kristie Cohen, Matthew Shafran
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West Palm Beach, FL 33401 (561) 500-5000
Fort Lauderdale, FL 33316 (954) 745-7457