CopyCited 8 times | Published | Florida 5th District Court of Appeal
...The legislature recognized that persons charged with minor traffic offenses often pay their fines, as a matter of expediency, *234 rather than contesting the charge, and such action should not be deemed an admission of guilt or fault in any other context. Section
318.19(1) states that the privilege of mailing in a fine in lieu of an actual appearance as set forth in section
318.14(4) does not extend to accidents where "another" person is killed or injured, or where damage to property exceeds $250.00....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...0.00, Chapter 81-34, Laws of Florida (1981)), persons cited for infractions shall not have the provisions of Section
318.14(4) available to them, "but must appear before the designated official at the time and location of the scheduled hearing." See Section
318.19(1), Florida Statutes (1979)....
...Carter is entitled to insist that we look to the manner in which her plea was influenced by the two statutes as actually applied in her case before characterizing her conduct as falling under the protection of Section
318.14(4) or under the self-inculpatory effect of Section
318.19(1). Analyzing the problem in this manner, we observe that Section
318.19(1) contemplates a mandatory court appearance....
...marily approach an informal and convenient means of paying a traffic fine that tends to encourage use of this prompt and inexpensive settlement procedure which is mutually beneficial to the county and the individual. Although under the provisions of Section 318.19(1) Mrs....
...Carter, possibly through some bureaucratic misstep, was permitted to utilize an informal disposition procedure, she should be deemed to have acted in compliance with a statute mandatorily prescribing an entirely different procedure. In terms of appellees' right to introduce evidence of a plea of guilty under Section 318.19(1), we simply hold that it must first be shown that the plea was entered under that statute....
...ance, pay the civil penalty or forfeit a posted bond in which case Section
318.14(4) provides that the person cited shall be deemed to have admitted the infraction but "such admission shall not be used as evidence in any other proceedings." However, Section
318.19 provides that a person cited for certain specified infractions, including any infraction which results in an accident that causes the death or personal injury of another or property damage in excess of a certain threshold amount shall not have the above-referred provisions of Section
318.14(4) available to him....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
by federal disability compensation. 32 U.S.C. § 318-19. In addition, here, the military truck being driven
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...The Mackeys complain principally of the trial court's exclusion from evidence, when offered by the Mackeys, of Wheeler's admission of guilt of a traffic infraction in the incident. Because the traffic incident caused personal injury to Debra, Wheeler was required by Section 318.19, Florida Statutes (1975) to attend a mandatory hearing on her traffic citation....
...d to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings." The trial court erred in excluding Wheeler's admission. Section
318.19, prescribing procedures for the disposition of traffic citations requiring a mandatory hearing, states: "Any person cited for the infractions listed in this section shall not have the provisions of §
318.14(2) and (4) available to him but must appear......
...." The legislature evidently considered different treatment of more serious traffic offenses is appropriate. We need not speculate *832 on whether the policy of excluding admissions of guilt under the provisions of Section
318.14(2) and (4) should reasonably be applied also in the case of more serious offenses handled under Section
318.19, for the legislature has clearly stated that the policy should not be so applied....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 7586, 1991 WL 147810
...Caraway,
78 So.2d 571 (Fla. 1955); Zwinge v. Hettinger,
530 So.2d 318 (Fla. 2d DCA 1988); and (d) incorrectly excluded evidence that the defendant's truck driver had pled guilty by mail as to a traffic charge in which a personal appearance was required by section
318.19, Florida Statutes (1989)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Such admission shall *305 not be used as evidence in any other proceedings ... (emphasis added). We reject Buchanan's argument that evidence of the traffic infraction could be used against Galgano at trial because he suffered a bodily injury as a result of the accident. He claims that section
318.19, which precludes the use of section
318.14(4), should apply instead of section
318.14(4). Section
318.19, Florida Statutes (1995) provides that: Any person cited for the infractions listed in this section shall not have the provisions of s....
...ccident that causes the death of another; or (2) Any infraction which results in an accident that causes "serious bodily injury" of another as defined in s.
316.1933(1). There is no evidence that Galgano's traffic infraction fell within the ambit of section
318.19....
...defined in section
316.1933(1) [1] . While Buchanan suffered a broken leg which resulted in a 5% permanent impairment, his injury did not amount to a "serious bodily injury" as defined in section
316.1933(1). Even if Buchanan's injuries fell within section
318.19(1), Galgano was permitted to follow the mail-in procedure of section
318.14(4)....
...raction could pay a civil penalty which would constitute an admission to the infraction and a waiver of any right to a hearing, but that the admission could not be used as evidence in any other proceeding. See id. at 763. For more serious accidents, section
318.19 provides that persons cited for infractions shall not have the provisions of section
318.14(4) available to the them, but must appear in court for a hearing. Thus, under section
318.19, a plea of guilty to a traffic infraction would be subject to the usual rule of admissibility in other proceedings....
...At trial, the trial court permitted defense counsel to inquire as to whether Carter pled guilty to the infraction. Thereafter, the traffic citation and guilty plea were introduced into evidence. In finding there to be reversible error, the First District explained that: *306 Section 318.19(1) contemplates a mandatory court appearance....
...marily approach an informal and convenient means of paying a traffic fine that tends to encourage use of this prompt and inexpensive settlement procedure which is mutually beneficial to the county and the individual. Although under the provisions of Section 318.19(1) Mrs....
...Carter, possibly through some bureaucratic misstep, was permitted to utilize an informal disposition procedure, she should be deemed to have acted in compliance with a statute mandatorily prescribing an entirely different procedure. In terms of appellees' right to introduce evidence of a plea of guilty under Section 318.19(1), we simply hold that it must first be shown that the plea was entered under that statute. Such is not the case here. Id. at 763 (citations omitted). As in Carter, section 318.19 is inapplicable in this case because there is no evidence that Galgano was charged with an infraction that caused the death or "serious bodily injury" of another....
...8.14(4). See id. at 234. The court held that the erroneous admission of the guilty plea was material because it likely influenced the jury verdict. See id. In this case, not only was there no evidence that Galgano's traffic incident fell *307 within section 318.19, but, any error in including the inculpatory statement could not be deemed harmless since the jury found Galgano 100% negligent in a case where negligence was contested....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 414, 1984 Fla. LEXIS 3382
...mical substance set forth in section
877.111, Florida Statutes, or any substance controlled by Chapter 893, Florida Statutes. IV. TRAFFIC INFRACTIONS Rule 6.330 Election to Attend Traffic School (a) Unless a mandatory hearing is required pursuant to section
318.19, Florida Statutes, or the alleged offender appears at a hearing before an official, an alleged offender may elect to attend a driver improvement school or a student traffic safety council school where such schools are available in lieu of payment of the civil penalty....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 668, 1992 Fla. LEXIS 1825, 1992 WL 301685
...t or cite persons suspected or known to be violating the statutes or ordinances regulating the operation of equipment or vehiclesT or the regulation of traffic. (p) “Infraction Rrequiring a Mmandato-ry Shearing” refers to an infraction listed in section 318.19, Florida Statutes, which requires an appearance before a designated official at the time and location of the scheduled hearing....
CopyPublished | Supreme Court of Florida
...s
not punishable by incarceration and for which there is no right to a trial by jury or a
right to court-appointed counsel.
(j) “Warrant” includes capias.“Infraction requiring a mandatory hearing”
refers to an infraction listed in section 318.19, Florida Statutes, which requires an
appearance before a designated official at the time and location of the scheduled
hearing.
(k) “Infraction” means a noncriminal traffic violation that is not
punishable by incarceration...
...under authority to arrest or cite persons suspected or known to be violating the
statutes or ordinances regulating the operation of equipment or vehicles or the
regulation of traffic.
(o) “Infraction requiring a mandatory hearing” refers to an infraction
listed in section 318.19, Florida Statutes, which requires an appearance before a
designated official at the time and location of the scheduled hearing.“Official”
means any state judge or traffic hearing officer authorized by law to preside over a
court or...
CopyPublished | Supreme Court of Florida | 1977 Fla. LEXIS 3804
...This amendment shall be effective immediately. It is so ordered. OVERTON, C. J., and ADKINS, BOYD, ENGLAND, SUNDBERG, HATCHETT and ROBERTS (Retired), JJ., concur. RULE 6.330. ELECTION TO ATTEND TRAFFIC SCHOOL (a) Unless a mandatory hearing is required pursuant to section 318.19 of Florida *81 Statutes, or the alleged offender appears at a hearing before an official, an alleged offender may elect to attend a driver improvement school or a student traffic safety council school where such schools are available in lieu of payment of the civil penalty....
CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2355
a mandatory hearing is required pursuant to section
318.19, Florida Statutes, or the alleged offender
CopyPublished | Supreme Court of Florida | 1974 Fla. LEXIS 4035
Hearing” means those infractions listed in section
318.19, of Florida Statutes, who must appear before
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 5068
...tes, and Chapter 893, Florida Statutes. “Official” means any state judge authorized by law to preside over a court or at a hearing adjudicating traffic infractions. “Infraction Requiring a Mandatory Hearing” refers to an infraction listed in Section 318.19, Florida Statutes, which requires an *401 appearance before a designated official at the time and location of the scheduled hearing....
CopyPublished | Supreme Court of Florida | 1975 Fla. LEXIS 3408
...f the reckless driving charge. Rule 5.320 Complaint; Summons; Forms; Use is renumbered as: Rule 6.320 Complaint; Summons; Forms; Use. Rule 6.330 Election to Attend Traffic School is amended to read: Unless a mandatory hearing is required pursuant to section 318.19 of Florida Statutes, or the alleged offender appears at a hearing before an official, an alleged offender may elect to attend a driver improvement school or a student traffic safety council school where such schools are available in lieu of payment of the civil penalty....
