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Florida Rules of Traffic Court

6.325. Speedy Trial: Infractions Only

(a) General Rule. Except as otherwise provided in this rule, every defendant charged with a noncriminal traffic infraction shall be brought to trial within 180 days of the date the defendant is served with the uniform traffic citation or other charging document. If trial is not commenced within 180 days, the defendant shall be entitled to dismissal of the infraction charge.

(b) Effect of Delay or Continuances. If the trial of the defendant is not commenced within the 180-day requirement established by this rule, a motion for dismissal shall be granted by the court unless it is shown that

(1) failure to hold trial was attributable to the defendant or the defendant’s counsel, or

(2) the defendant was unavailable for trial. If the court finds that dismissal is not appropriate for the reasons listed in this subdivision, the motion for dismissal shall be denied.

(c) Application of Rule. This rule shall 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.

Committee Notes

1992 Adoption. This rule establishes a speedy trial rule for traffic infractions and provides for automatic dismissal upon motion after the expiration of 180 days.

1995 Amendment. Subdivision (a) was amended to make it clear that the speedy trial rule was not meant to be a “statute of limitations.” Under the existing statute of limitations (section 775.15(2)(d), Florida Statutes) infractions must be filed within one year of the date of the event that is the reason for the charge. This amendment makes it clear that the state can bring the charge within one year from the date of the infraction, but the charge must be tried within 180 days from the date of service of the infraction upon the accused. Subdivision (d) was entirely eliminated as unnecessary.

 

Links

Florida Rules of Traffic Court
I. SCOPE, PURPOSE, AND CONSTRUCTION
6.010. Scope
6.020. Purpose and Construction
II. GENERAL PROVISIONS
6.040. Definitions
6.080. Improper Disposition of Traffic Ticket
6.090. Direct and Indirect Criminal Contempt
6.100. Traffic Violations Bureau
6.110. Driver Improvement, Student Traffic Safety Council and Substance Abuse Education Courses
6.130. Case Consolidation
6.140. Conduct of Trial
6.150. Witnesses
III. CRIMINAL OFFENSES
6.160. Practice as in Criminal Rules
6.165. Complaint; Summons; Form; Use
6.180. Sentencing Repeat Offenders
6.183. Peremptory Challenges
6.190. Procedure on Failure to Appear; Warrant; Notice
6.200. Pleas and Affidavits of Defense
6.290. Withholding Adjudication Prohibited
6.291. Procedures on Withheld Adjudication in Driving While License Suspended; Costs and Enlargement of Time to Comply; Record of Convictions
6.300. Driver License Revocation; Maintaining List
6.310. Lesser Included Offenses
IV. TRAFFIC INFRACTIONS
6.320. Complaint; Summons; Forms; Use
6.325. Speedy Trial: Infractions Only
6.330. Election to Attend Traffic School
6.340. Affidavit of Defense or Admission and Waiver of Appearance
6.350. Computation of Time
6.360. Enlargement of Time
6.370. Additional Time After Service by Mail
6.380. Nonverification of Pleadings
6.400. Clerk to Prepare and Send Reports
6.445. Discovery: Infractions Only
6.450. Oorder of Hearing
6.455. Amendments
6.460. Evidence
6.470. Costs
6.480. Deferred Payment of Penalty Imposed
6.490. Correction and Reduction of Penalty
6.500. Pronouncement and Entry of Penalty; Penalizing Official
6.510. Determination that Infraction was not Committed; Bond Refunded
6.520. Effect of Granting New Hearing
6.530. Imposition of Penalty Before or After Motion Filed
6.540. Time for and Method of Making Motions; Procedure
6.550. Official May Grant New Hearing
6.560. Conviction of Traffic Infraction
6.570. Reporting Action Requiring Suspension of Driver License
6.575. Retention of Case Files
6.580. Completion of Driver School; Conditions
6.590. Failure to Complete Driver School; Reinstatement of Driver License
6.600. Failure to Appear or Pay Civil Penalty; Reinstatement of Driver License
6.610. Failure to Fulfill Penalty Imposed after a Hearing; Reinstatement of Driver License
6.620. Failure to Appear for Manditory Hearing; Reinstatement of Driver License
6.630. Civil Traffic Infraction Hearing Officer Program; Traffic Hearing Officers
 
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Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
 
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