Discovery Process Under Florida Traffic Law

My question involves a traffic ticket from the state of: Florida

The infraction in question is: Failure to obey traffic control signal (Florida Statute 316.074(1))

The circumstances of the incident are that I was traveling northbound through a major intersection while the light was green, when a woman who attempted to make a right turn on red, entered the lane without properly checking. The incident was not witnessed by the ticketing officer, but by a single witness, all the way over in the northbound left-turn lane, waiting to make a left turn.

I recently attended my "non-criminal" arraignment hearing (the judge was unable to confirm whether or not traffic citations fall under civil jurisdiction or not) where I attempted to get some clarifications on discovery procedure. She immediately responded that discovery is not allowed under Florida traffic law. Not being one to take such statements at face value, I fired up the interwebs as soon as I got home.


So far, I have been unable to find any statute explicitly barring discovery in Florida traffic court, and also found this manual published by the Florida Bar Association:

http://www.floridabar.org/TFB/TFBResources.nsf/0/0FF693985C17374385256B29004BFA46/$FILE/Traffic.pdf

Rule 6.460 Specifically states that the rules of evidence shall be the same as in civil court, which would seem to construe that civil discovery should apply as well?

Can anyone shed some light on this?

The discovery rules regarding traffic infractions are limited to that of

RULE 6.445. DISCOVERY: INFRACTIONS ONLY
If an electronic or mechanical speed measuring device is used by the citing officer, the type of device and the manufacturer’s serial number must be included in the body of the citation. If any relevant supporting documentation regarding such device is in the officer’s possession at the time of trial, the defendant or defendant’s attorney shall be entitled to review that documentation immediately before that trial.

I would guess that the "supporting documentation" could include: Certificate of calibration, manual, any other type of record.

You are entitled to see these prior to trial...so request these records prior to trial (ie now). Note in your request that they have a continuing duty to provide.

You can also use FOIA or a records act request too...outside of discovery. I found this at google scholar: http://scholar.google.com/scholar_ca...en&as_sdt=4,10

Don't know if its the most recent but courts do approve changes to their rules.


Is the serial # & type of device listed on your ticket? Then a motion in limine may be in order or objection at trial to any SMD testimony.

Discovery is not barred but it is limited.

You can ask ... possibly request a continuance regarding records provided to allow you the opportunity to have an expert review the records if they are of a technical nature. You can object to any records being entered into evidence too on the basis of foundation, 4th amendment right to confront, lack establishing business records exception, etc.

You have much work ahead of you if you wish to be able to defend yourself well.

If you're charged with a crime, you can avail yourself of criminal discovery. However, despite your contention that "the judge was unable to confirm whether or not traffic citations fall under civil jurisdiction or not", based upon what you have told us the court concluded that this is an infraction.

The rule you cite states, "The rules of evidence applicable in all hearings for traffic infractions shall be the same as in civil cases, except to the extent inconsistent with these rules", so you need to look at the rest of the rules to see if your request is inconsistent. Discovery for infractions is outlined at rule 6.445, and as you can see it's meager.