Q: Is there a time limit on traffic infraction cases in the same spirit of right to speedy trial for criminal cases? I got a red light ticket about 8-9 moths ago and just now getting a court date. Is there a procedural violation you could argue because they keep stringing this along?
A:
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/is-there-a-time-limit-on-traffic-infraction-cases–1919475.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
Answered . Yes. 180 days from the date of issuance.
If it was a red light camera ticket then it’ll be 180 days from the date that it became a UTC (uniform traffic citation), NOT the date that you ran the light (and that could be 30-90 days additional).
Check the date that the UTC was issued as that controls.
If 180 days passed – and no delay / continuance was attributable to you – then the Court has no jurisdiction and must dismiss. (Unlike criminal cases there is no “window of recapture… after day 180 you’re entitled to a dismissal.)
I hope that I have been helpful in answering your question.
Michael A. Haber, P.A.: Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder. At Michael A. Haber, P.A. “its all about reasonable doubt”!
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