Florida Traffic Court Rule 6.450 - ORDER OF HEARING | Syfert Law

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Florida Traffic Court Rule 6.450

RULE 6.450. ORDER OF HEARING

(a) When Traffic Infraction Admitted. If a defendant
admits that the traffic infraction was committed, the official shall
permit the defendant to offer a statement concerning the
commission of the infraction. The official may examine the
defendant and issuing officer concerning the infraction prior to
making a determination as to the civil penalty to be imposed.

(b) Description of Procedure. Before the commencement of
a hearing the official shall briefly describe and explain the purposes
and procedure of the hearing and the rights of the defendant.

(c) Defense. The defendant may offer sworn testimony and
evidence and, after such testimony is offered, shall answer any
questions asked by the official.

(d) Additional Witnesses. If the testimony of additional
witnesses is to be offered, the order in which the witnesses shall
testify shall be determined by the official conducting the hearing.
Any such witness shall be sworn and shall testify, and may then be
questioned by the official, and thereafter may be questioned by the
defendant or counsel.

(e) Further Examination. Upon the conclusion of such
testimony and examination, the official may further examine or
allow such examination as the official deems appropriate.

(f) Closing Statement. At the conclusion of all testimony
and examination, the defendant or counsel shall be permitted to
make a statement in the nature of a closing argument.

(g) Failure to Appear at Contested Hearing. In any case in
which a contested infraction hearing is held, and the defendant,
who either has asked for the contested hearing or otherwise
received proper notice of the hearing, fails to appear for the hearing,
the official can proceed with the hearing, take testimony, and, if it is
determined that the infraction was committed, impose a penalty as
if the defendant had attended the hearing. In the interests of
justice, the court may vacate the judgment upon a showing of good
cause by the defendant.
Link to Florida Bar Official Rule 6.450

Cases Citing Rule 6.450

Total Results: 4

In re Amendments to the Florida Rules of Traffic Court

131 So. 3d 714, 38 Fla. L. Weekly Supp. 867, 2013 WL 6223149, 2013 Fla. LEXIS 2606

Supreme Court of Florida | Filed: Nov 27, 2013 | Docket: 60238157

Published

model colloquy in the form of an amendment to rule 6.450 (Order of Hearing). A minority of the Committee

Category: Traffic Court

In re Amendments to the Florida Rules of Practice & Procedure for Traffic Courts

608 So. 2d 451, 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685

Supreme Court of Florida | Filed: Oct 22, 1992 | Docket: 64692018

Published

shall prepare and send the reports or forms. RULE 6.450, ORDER OF HEARING (a) When Traffic Infraction

Category: Traffic Court

In re Florida rules of Practice & Procedure for Traffic Courts

458 So. 2d 1112, 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608153

Published

each calendar year, Rule 6.430 [Reserved] Rule 6.450 Order of Hearing (a) If it is admitted that the

Category: Traffic Court

In re Transition Rule 20

306 So. 2d 489, 1974 Fla. LEXIS 4035

Supreme Court of Florida | Filed: Dec 9, 1974 | Docket: 64543885

Published

prior approval of the chief judge of the circuit. Rule 6.450 Order of Hearing. (a) If it is admitted that

Category: Traffic Court