Wrong statute on citation?

SkinkTyree · #1 10-19-2010, 12:54 PM

Hello all....I am actually an attorney, but not familiar with traffic defense and was hoping for some input.

Unfortunately, I found myself with a speeding ticket today, which was naturally a bummer. My driving record is pretty good...never had any points on my license, and my last speeding ticket on record was in 2005, to which I elected the driver school option. (I recieved a ticket in 2006 but hired a ticket attorney and had it dismissed.) However, I did recieve a red light ticket (of the traditional, non-camera variety) back in July. As I was eligible, I elected driver school and once again recieved no points.

But given that my ticket today is only several months after the red light ticket, traffic school isn't an option. And as a matter of both pride and common sense, at a minimum, I don't want any points on my license. Not just that, but I honestly don't believe I was going as fast as the officer claimed.

When looking at the ticket, the offense is listed as "Unlawful Speed"; however, the officer listed the corresponding statute number as 316.187(3).

A quick review of the Florida Statutes finds that the statute titled "Unlawful Speed" is actually 316.183, and in fact the pamphlet I recieved with the ticket lists that offense with the corresponding fine under 316.183(6).

316.187(3) is under the statute titled "Establishment of State Speed Zones" and reads, "Violations of the speed limits posted in this section must be cited as a moving violation, punishable as provided in chapter 318."

Since the officer listed the offense as "Unlawful Speed", shouldn't he have cited to 316.183 in the ticket? Or am I reading too much into this?

I do plan on hiring a ticket attorney to fight the ticket, but I was wondering if it is something to bring to their attention, or it a lost cause? Could this be grounds to dismiss the ticket at a pre-hearing?

aardvarc · #2 10-19-2010, 01:45 PM

You can absolutely bring it to the attention of the court, but typically the officer will be allowed to amend the ticket to the correct exact statute (in other words, a simple clerical error or inadvertent number switch won't cause the ticket to be tossed out altogether).

moderator · #3 10-19-2010, 04:59 PM

I tend to agree. At least that is how it works in VA. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

antrc170 · #4 10-20-2010, 06:08 AM

I don't think the officer mislabeled anything. 316-187(3) clearly states that speeding is a violation of the established law. The officer can describe that event as he/she sees fit. So "unlawful speeding" is an accurate description of the code section listed. I would find another avenue of attack.

Gpottslaw · #5 12-14-2010, 08:33 AM

I realize that this particular citation has already been handled, but for those who may follow this thread seeking help with a similar problem, be aware that if you bring a mistake on the traffic citation to the judge's or the police officer's attention prior to the hearing actually commencing, you are merely alerting the cop to a problem which they can easily correct. The Florida Rules of Traffic Court permit the officer to amend a citation, with leave of court, at any time prior to the hearing. Most judges permit amendments to charging documents before trial or bench hearing.