I got a hearing date for a speeding ticket.1) Is that the same as a pre trial confrence where you say you want a trial or deal?

2) If I'm being charged with a crime I should be allowed a trial by jury right? Someone said it was not criminal so the judge is also jury and prosecutor. That sounds crazy. Its an obvious conflict of interest if thats true and I by all logic should be able to demand a trial for any alleged violation. Calling it an infraction does not change anything.

Orlando, FL -

Attorney Answers (4)

Eric J Trabin

Eric J Trabin

Criminal Defense Attorney - Winter Park, FL
Answered

Not necessarily. If it is just a speeding ticket then it is a civil infraction and not a criminal offense. The infraction must still be proven beyond a reasonable doubt.

Did you ask for a hearing in front of a county court judge? You have that right and frankly it is preferable than having a simple hearing officer listen to the case. Generally it is up to the police officer to testify and convince the hearing officer or judge of your guilt.

I suggest you hire an attorney to handle this. Feel free to contact me for a free consultation.

This is not to be considered legal advice nor does an attorney-client relationship exist.
William David Umansky

William David Umansky

Criminal Defense Attorney - Orlando, FL
Answered

If it is a speeding ticket, it is civil infraction and you are not entitled to a jury and prosecutor. Contact a lawyer who can help with your matter. Our firm will be glad to answer any other questions you have. Mr. Trabin can also answer your questions.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
Kevin Jeffrey Pitts

Kevin Jeffrey Pitts

Speeding / Traffic Ticket Lawyer - Sanford, FL
Answered

A traffic ticket is a civil matter and is not a crime. The weird part is the cop is more like the prosecutor. The hearing officer/judge can question witnesses but it is usually more for clarification. Most Florida Counties you only get one court date and it is a trial. The case can be resolved short of trial or hearing if that is in your best interest. Volusia County does have traffic court arraignments but it is the only exception that I am aware of. I agree with the previous post that you should consider hiring an attorney in the county that the ticket occurred. In the counties I practice in we are happy to have the hearing officers but I do not handle traffic tickets in Orange County. This is part of the reason you should hire an attorney because each county is different. The attorney understands what motions might get your case dismissed, what steps can be taken to mitigate and will be familiar with the judges or hearing officers.

Answered

If the hearing date was one you didn't request but rather set by the court it may be a mandatory court appearence because anything greater than 30+ MPH over the listed speed limit is mandatory. You can hire a private attorney for representation, you are not entitled to a court appointed one, and be wise in asking a county court judge to hear your case rather than a hearing officer. Depending on the county in can be a lot; A local attorney can wisely advise you on this matter.

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