Should I Accept and Sign a Summons/Citation for a Traffic Violation in Florida?

If you’ve ever been pulled over by a law enforcement officer in Florida, you know that you are often issued a written citation that includes various information on it, and sometimes even an order or “summons” to appear in court to resolve the alleged traffic violation. Sometimes, you may disagree with the officer who pulled you over and not feel you committed a violation at all. People ask us what to do in such a situation. Should you refuse to accept the  traffic citation from the officer? or refuse to acknowledge the citation by refusing to sign it? We discuss this issue in this blog post. 

 

Under Florida Law, the answer most often is that you should.

Under Florida Statute § 318.14(2), “any person cited any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear.”

 

 

 

What does a “Mandatory Hearing” mean?

What violations have a “Mandatory Hearing”?

This is a non-exhaustive list, but generally, the following traffic violations will have a mandatory hearing requirement:

• Any infraction that results in a crash that causes the death or serious bodily injury of another
• Exceeding the speed limit by 30 mph or more
• A second violation for exceeding the speed limit by 50 mph or more
• Passing a stopped school bus
• Not properly securing a load or preventing a load from dropping, shifting, leaking, blowing, or otherwise escaping (uncovered loads)
• A second violation related to improper riding of a motorcycle/moped (not astride or both wheels on ground)
• A second violation related to improperly affixed motorcycle/moped tag
• Leaving a child younger than 6 years of age unattended in a motor vehicle
• Not having valid insurance when involved in a crash

Are there exceptions?

Florida Statute §  318.14(2) lists that this rule applies, “except as provided in [statutes] 316.1001(2), 316.0083, 316.173, and 316.1896.” Those statutes listed generally apply to violations regarding tolls (316.1001), red light cameras (316.0083), school buses (316.173), and school speed zones (316.1896). While these statutes are excepted from the rule requiring the cited person accept the citation and promise to appear, that does not mean they should refuse it. These statutes place additional requirements on the driver. An experienced Florida traffic lawyer can explain the requirements for each specific type of violation that may affect you.

Consequences of Refusing to Sign & Accept the Citation

Do you need an attorney for your traffic citation?

It is important to understand traffic citation laws in Florida. Being aware of the legal consequences of your actions can help prevent unwanted criminal charges or potentially having your driver’s license suspended. An seasoned traffic attorney that is well-versed in Florida’s extensive traffic laws and has experience litigating traffic citations in court can guide you through this process and what you should do. At Anderson & Ackerman Law Group, we have this experience. We have helped numerous clients in St. Petersburg, Clearwater, and the Tampa Bay Area  facing criminal and civil traffic violations. Our legal assistance is tailored to handle each specific case and situation. If you or a friend or family member is facing a traffic violation and have questions on what to do,  Contact us about how we can help you!