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FL Traffic Ticket Defense

Your Constitutional Rights in Traffic Court
Posted by: Admin on Tuesday, October 19, 2004 - 06:39 PM
Law You're probably wondering, "What does the Constitution have to do with my traffic ticket?" Well, you may be surprised to learn that there are several constitutional provisions that frequently come into play in traffic court. The two most common are the "due process" and the "speedy trial" clauses.

The "due process" clause of the Florida Constitution guarantees your right to fair treatment. For example, you are entitled to know specifically what violation you are being charged with. If you don't know what you are accused of, how can you be expected to prepare a defense? Some violations require the ticketing officer to describe in the ticket's "to wit" section precisely how you allegedly violated the law. If the "to wit" section of these types of tickets does not specify the nature of the violation, the ticket may be dismissed.

"Due process" also requires the State to prove its case against you in court beyond a reasonable doubt. In a speeding case, the ticketing officer's testimony must meet strict requirements to prove that the officer is certified to use the speed measuring device (radar, laser, pace, vascar), that the device is officially approved, certified and tested, and that the officer properly used the device to measure your vehicle's speed. If any one of these requirements is not met, you will be found not guilty.

The speedy trial provision of the Florida Constitution is the origin of a procedural rule that requires the State to take your case to trial within 180 days. The right to a speedy trial, like most other rights, can be waived. For example, if you request a continuance of your case you are considered to have waived the speedy trial rule and the 180-day period stops running.

Many individuals are not aware of their constitutional rights and do not properly assert them. By failing to assert your rights in traffic court, you may unknowingly lose them. Sadly, constitutional rights are lost in this manner every day in traffic court by countless defendants.

As your attorneys, we will protect and defend your constitutional rights in traffic court. For a free consultation, click on the "Online Consultation" link in the left menu block or call our Weston office at (954) 217-5123, or our Hallandale office at (954) 455-3737. We are available 24 hours a day, 7 days a week. Consultations can be scheduled for evenings and weekends to accomodate your schedule.
 
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Florida Traffic Ticket Defense

Florida Traffic Ticket Defense :: Attorney, Lawyer :: Defending Florida traffic tickets in Broward, Dade and Palm Beach County.

David B. Pakula, P.A.
Attorney At Law

1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula@infionline.net
http://floridatrafficticketdefense.com

Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.

Mr. Pakula served as a Broward County Traffic Court Magistrate from 2002 to 2004. He is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

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