Vehicular Infractions Requiring A Hearing
Most traffic tickets issued in Florida don’t require a driver to attend a hearing. Yet, there are certain traffic infractions that require a mandatory hearing in Florida under Florida Statute § 318.19. Because the consequences of these infractions can have a lasting effect on your life, it’s important to have the traffic ticket defense attorneys with 911 Biker Law on your side. Our law firm delves into the circumstances and facts of each case and builds the strongest defense possible for each client.
Traffic Infractions Requiring A Mandatory Hearing
The type of traffic infractions generally dictates where or who will oversee the mandatory hearing. Regardless of where the case is heard, traffic ticket attorneys for mandatory hearings can help. At 911 Biker Law, our attorneys will review your case and present a compelling defense for you and your rights.
Before A County Court Judge
Traffic infractions which result in any of these violations are held before a county court judge in the county where the violation occurred.
- A traffic accident that resulted in a fatality;
- A traffic accident that caused the serious bodily injury;
- A second violation for improperly riding a motorcycle or moped;
- A second violation for an improperly affixed registration tag on a motorcycle or moped; or
- A second violation for exceeding the posted speed limit by 50 miles per hour (MPH) or more.
Before A Civil Traffic Infraction Officer
An attorney for infractions requiring a mandatory hearing can help defend your rights if the infraction is heard by a civil traffic officer. Common examples include:
- Passing a stopped school bus while the stop sign is extended;
- Improperly securing materials being hauled and/or transported;
- Exceeding the posted speed limit by 30 MPH or more; or
- Leaving a child less than age 6 in a vehicle while the motor is running for any length of time, or if the child’s health is endangered, or if the child appears in distress.
Failure To Appear For A Mandatory Hearing
Failure to appear, whether in person or through a traffic violations attorney, for a mandatory hearing carries considerable penalties. If you fail to appear, a notice is sent to the Florida Department of Highway Safety and Motor Vehicles (DHSMV) within five days. Yet, if you appear after the notice from DHSMV is sent, the hearing is held to decide if the traffic infraction occurred. In the event the hearing concludes the violation did occur, a driving school may be ordered as part of the penalties.
If a driver still doesn’t appear after the DHSMV notice has been sent, the presiding judge has the option to suspend the driver’s license and impose additional fines and fees.
How A Traffic Violations Attorney Can Help
Though most traffic violations can be resolved without the help of an attorney with 911 Biker Law, infractions requiring a hearing are more serious. Our attorneys are well-versed in Florida’s criminal and traffic laws and have access to experts who can provide in-depth knowledge of particular situations. Having a skilled attorney advocating for your best interest
On the other hand, a traffic violations attorney can provide guidance as to what legal remedies you may have available for a particular situation.