Florida Traffic Court Rule 6.325 provides that the defendant shall be brought to trial within 180 days of the date the defendant is served with a uniform traffic citation or another charging document.
The defendant is entitled to dismissal unless he or she was unavailable for trial during the 180 day period (i.e., defense continuance or failure to appear in court).
Unlike in criminal cases, there is NO recapture window period for infractions. For this reason, the defendant does NOT have to file a notice of expiration because there is NO recapture window. Instead, the defendant may file or orally move on the 181st day for final discharge.
Speedy Trial Attorney for Civil Traffic Infractions in Florida
Contact us to discuss the right to a speedy trial in a non-criminal infraction case under Rule 6.325 of the Florida Rules of Traffic Court. Our attorneys represent clients charged with traffic infractions 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.
Our attorneys 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.
Effect of Delay or Continuances in Traffic Court
If the trial of the defendant in traffic court does not begin within the 180-day requirement established by Rule 6.325, the attorney can file a motion or make an oral motion in open court for dismissal. The motion shall be granted by the court unless it is shown that either: failure to hold a trial was attributable to the defendant or the defendant’s counsel; or the defendant was unavailable for trial.
If the traffic court finds that dismissal is not appropriate for the above-listed reasons, the motion for dismissal shall be denied.
Adopted in 1992, Rule 6.325 does not apply to any infraction that is a part of a single episode or occurrence, which is attached to, consolidated with, or associated with a criminal traffic offense.
Enlargement of Time in Civil Traffic Cases
Under Traffic Rule 6.360, it is permissible to enlarge the time in a civil traffic case if good cause is shown even after the date the speedy trial period has expired.
Although in criminal cases, "exceptional circumstances" must be showing, the standard for the enlargement of the 180-day time period for infractions is a showing of "good cause."
Speeding Trial in Civil Traffic Infractions - Visit the Florida Bar website to find the Florida Rules of Traffic Court in Rule 6.360 that explain the speedy trial rules and the statute of limitations that apply to non-criminal and civil traffic infractions or violations.
This article was last updated on Friday, March 23, 2018.