Florida Traffic Court Rule 6.325
RULE 6.325. SPEEDY TRIAL: INFRACTIONS ONLY
(a) General Rule. Except as otherwise provided in this rule,
every defendant charged with a non-criminal traffic infraction shall
be brought to trial within 180 days of the date the defendant is
served with the uniform traffic citation or other charging document.
If trial is not commenced within 180 days, the defendant shall be
entitled to dismissal of the infraction charge.
(b) Effect of Delay or Continuances. If the trial of the
defendant is not commenced within the 180-day requirement
established by this rule, a motion for dismissal shall be granted by
the court unless it is shown that
(1) failure to hold trial was attributable to the
defendant or the defendant’s counsel, or
(2) the defendant was unavailable for trial.
If the court finds that dismissal is not appropriate for the reasons
listed in this subdivision, the motion for dismissal shall be denied.
(c) Application of Rule. This rule shall not apply to any
infraction that is a part of a single episode or occurrence, which is
attached to, consolidated with, or associated with a criminal traffic
offense.
Committee Notes
1992 Adoption. This rule establishes a speedy trial rule for traffic
infractions and provides for automatic dismissal upon motion after the
expiration of 180 days.
1995 Amendment. Subdivision (a) was amended to make it clear that
the speedy trial rule was not meant to be a “statute of limitations.” Under the
existing statute of limitations (section 775.15(2)(d), Florida Statutes) infractions
must be filed within one year of the date of the event that is the reason for the
charge. This amendment makes it clear that the state can bring the charge
within one year from the date of the infraction, but the charge must be tried
within 180 days from the date of service of the infraction upon the accused.
Subdivision (d) was entirely eliminated as unnecessary.
(a) General Rule. Except as otherwise provided in this rule,
every defendant charged with a non-criminal traffic infraction shall
be brought to trial within 180 days of the date the defendant is
served with the uniform traffic citation or other charging document.
If trial is not commenced within 180 days, the defendant shall be
entitled to dismissal of the infraction charge.
(b) Effect of Delay or Continuances. If the trial of the
defendant is not commenced within the 180-day requirement
established by this rule, a motion for dismissal shall be granted by
the court unless it is shown that
(1) failure to hold trial was attributable to the
defendant or the defendant’s counsel, or
(2) the defendant was unavailable for trial.
If the court finds that dismissal is not appropriate for the reasons
listed in this subdivision, the motion for dismissal shall be denied.
(c) Application of Rule. This rule shall not apply to any
infraction that is a part of a single episode or occurrence, which is
attached to, consolidated with, or associated with a criminal traffic
offense.
Committee Notes
1992 Adoption. This rule establishes a speedy trial rule for traffic
infractions and provides for automatic dismissal upon motion after the
expiration of 180 days.
1995 Amendment. Subdivision (a) was amended to make it clear that
the speedy trial rule was not meant to be a “statute of limitations.” Under the
existing statute of limitations (section 775.15(2)(d), Florida Statutes) infractions
must be filed within one year of the date of the event that is the reason for the
charge. This amendment makes it clear that the state can bring the charge
within one year from the date of the infraction, but the charge must be tried
within 180 days from the date of service of the infraction upon the accused.
Subdivision (d) was entirely eliminated as unnecessary.