IceA.I.M.'s law & procedure educational thread

[IceA.I.M.]

Thanks to all participants for a wealth of educational material. I have some specific questions, which would be answered by the website that maintains the Florida statutes, if the search engine was working. I am looking for the statute that requires that a citation (invitation, ticket, etc.) must be accurate and complete to be valid. I've heard of many cases which were dismissed because the documentation was incomplete or misrepresentative of the facts. If it be easier, I appreciate links to other threads. Thanks again to all users & admins.

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IceA.I.M.

[Jerry Pitts]

Because traffic citations are administrative functions, and also because the initial distribution of traffic citation books are handled by the Florida DHSMV in coordination with the FHP, the rules governing the FHP are also paramount rules that all Florida sub-agencies are required to adhere. Try this location for information relative to the traffic citations; http://www.flhsmv.gov/fhp/Manuals/1703.pdf

And try this location for all other matters relative to traffic issues in Florida; http://www.flhsmv.gov/fhp/Manuals/

Jerry Carlos

Edited Information: Also try this one for the Uniform Traffic Citation Procedures Manual; http://hsmv.state.fl.us/ddl/utc/

As previously shown, traffic citations are an administrative function and are governed by rules established by the DHSMV. On the other hand, the DHSMV and its' sub-agencies are regulated by the Legislature in their ability to make 'rules' for the agency. See The 2007 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

120.54 Rulemaking.--

(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.--

(a) Rulemaking is not a matter of agency discretion. Each agency statement defined as a rule by s. 120.52 shall be adopted by the rulemaking procedure provided by this section as soon as feasible and practicable.

1. Rulemaking shall be presumed feasible unless the agency proves

Originally Posted by IceA.I.M.

Thanks to all participants for a wealth of educational material. I have some specific questions, which would be answered by the website that maintains the Florida statutes, if the search engine was working. I am looking for the statute that requires that a citation (invitation, ticket, etc.) must be accurate and complete to be valid. I've heard of many cases which were dismissed because the documentation was incomplete or misrepresentative of the facts. If it be easier, I appreciate links to other threads. Thanks again to all users & admins.

For educational purposes only
All rights reserved

IceA.I.M.

[IceA.I.M.]

Thanks for the reply! Most helpful. Knowing applicable statutes is important.
Clyde Hyde has a good traffic court thread
http://www.suijuris.net/forum/member...lt-course.html

Two things:
(1) I read that if the prosecutor makes a statement that seems evidential, that the defendant should motion to have the lawyer sworn in and cross-examined. Where can I find the support for this? and
(2) I've found a Court Survival Kit in a thread here. It's comprehensive and offers many good strategies. However, it refers to a Vehicle Survival Kit and a Citation Refusal Kit, both of which I cannot find. Any other resources for the subjects referenced, or does anyone have the files saved? I know most of the steps, but I need verification for completeness.

Thanks!
For educational purposes only
All rights reserved

IceA.I.M.