Traffic Citation Hearings

1. Certain infractions that result in serious bodily injury or death result in mandatory court hearings. SEE BELOW

2. Certain infractions result in a person having to take a driver improvement class. SEE BELOW

3. A person can only elect to take one driving improvement class in a 12 month period to avoid points, and only five classes in a lifetime, however a person can be ordered by a Judge or hearing officer to take a class any time and there is no limit how many times a person can be ordered to take a class. SEE BELOW

318.19 Infractions requiring a mandatory hearing.–Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing:(1) Any infraction which results in a crash that causes the death of another;(2) Any infraction which results in a crash that causes “serious bodily injury” of another as defined in s. 316.1933(1);(3) Any infraction of s. 316.172(1)(b);(4) Any infraction of s. 316.520(1) or (2); or(5) Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 m.p.h. or more.
316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.–
(b) The term “serious bodily injury” means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
318.14 Noncriminal traffic infractions; exception; procedures.–
(5) Any person electing to appear before the designated official or who is required so to appear shall be deemed to have waived his or her right to the civil penalty provisions of s. 318.18. The official, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500, except that in cases involving unlawful speed in a school zone or involving unlawful speed in a construction zone, the civil penalty may not exceed $1,000; or require attendance at a driver improvement school, or both. If the person is required to appear before the designated official pursuant to s. 318.19(1) and is found to have committed the infraction, the designated official shall impose a civil penalty of $1,000 in addition to any other penalties and the person’s driver’s license shall be suspended for 6 months. If the person is required to appear before the designated official pursuant to s. 318.19(2) and is found to have committed the infraction, the designated official shall impose a civil penalty of $500 in addition to any other penalties and the person’s driver’s license shall be suspended for 3 months. If the official determines that no infraction has been committed, no costs or penalties shall be imposed and any costs or penalties that have been paid shall be returned. Moneys received from the mandatory civil penalties imposed pursuant to this subsection upon persons required to appear before a designated official pursuant to s. 318.19(1) or (2) shall be remitted to the Department of Revenue and deposited into the Department of Health Administrative Trust Fund to provide financial support to certified trauma centers to assure the availability and accessibility of trauma services throughout the state. Funds deposited into the Administrative Trust Fund under this section shall be allocated as follows:
(a) Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services.
(b) Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center’s relative volume of trauma cases as reported in the Department of Health Trauma Registry.
(6) The commission of a charged infraction at a hearing under this chapter must be proved beyond a reasonable doubt.
316.122 Vehicle turning left.–The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

316.122 Vehicle turning left.–The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

316.1925 1 Careless driving.–
(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.318.19. (1), (2)
322.0261 Driver improvement course; requirement to maintain driving privileges; failure to complete; department approval of course.–
(1) The department shall screen crash reports received under s. 316.066 or s. 324.051 to identify crashes involving the following: (a) A crash involving death or a bodily injury requiring transport to a medical facility; (b) A second crash by the same operator within the previous 2-year period involving property damage in an apparent amount of at least $500; or (c) A third crash by the same operator within 36 months after the first crash. (2) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(a) or paragraph (1)(b), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver’s license shall be canceled by the department until the course is successfully completed. (3) With respect to an operator convicted of, or who pleaded nolo contendere to, a traffic offense giving rise to a crash identified in paragraph (1)(c), the department shall require that the operator, in addition to other applicable penalties, attend a department-approved driver improvement course in order to maintain his or her driving privileges. The course must include behind-the-wheel instruction and an assessment of the operator’s ability to safely operate a motor vehicle. Successful completion of a behind-the-wheel examination is required in order to receive completion credit for the course. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver’s license shall be canceled by the department until the course is successfully completed. (4) The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1)( Obedience to and required traffic control devices.–) 316.075(1)(c)1.( Traffic control signal devices.), s. 316.172, (Traffic to stop for school bus.) s. 316.191,( Racing on highways.) or s. 316.192 (Reckless driving.) and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator’s driver license shall be canceled by the department until the course is successfully completed. (5) In determining whether to approve a driver improvement course for the purposes of this section, the department shall consider course content designed to promote safety, driver awareness, crash avoidance techniques, and other factors or criteria to improve driver performance from a safety viewpoint.
318.14. Noncriminal traffic infractions; exception; procedures
(9) Any person who is cited for an infraction under this section other than a violation of s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court appearance, elect to attend in the location of his or her choice within this state a basic driver improvement course approved by the Department of Highway Safety and Motor Vehicles. In such a case, adjudication must be withheld; points, as provided by s. 322.27, may not be assessed; and the civil penalty that is imposed by s. 318.18(3) must be reduced by 18 percent; however, a person may not make an election under this subsection if the person has made an election under this subsection in the preceding 12 months. A person may make no more than five elections under this subsection. The requirement for community service under s. 318.18(8) is not waived by a plea of nolo contendere or by the withholding of adjudication of guilt by a court.