Option 2 – Elect the Court Option
If you are denying the citation you will need to request a court date. Complete an Option Form and submit the form to the Clerk’s Office by your compliance date. You will be notified of the court hearing by mail. By selecting this option, you waive your right to the other options available listed on the Option Form.
The Clerk’s office is required to inform you of the following regarding a court election:
Per Florida Statute 318.14(5): If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500, except that in cases involving unlawful speed in a school zone or involving unlawful speed in a construction zone, the civil penalty may not exceed $1,000; or require attendance at a driver improvement school, or both. If the official determines that no infraction has been committed, no costs or penalties shall be imposed.
For persons who cannot physically appear in court, you may submit an Affidavit of Defense. The affidavit must be completed, notarized and returned along with your driving record (on out of state licenses only) prior to the court date. Along with the affidavit you will need to provide any documentation for the Judge or Magistrate to review to prove your case. On the scheduled hearing date the affidavit and any additional documentation provided will be submitted to the Judge in lieu of your physical appearance at the hearing. The affidavit will be read out loud in open court.
If you are admitting the violation, but cannot elect traffic school due to a CDL (Commercial Drivers License) or prior school elections and need points withheld from your driving record, you may request a Withhold of Adjudication from the courts. For this action complete the Court Option Form and mark the box “waiver of court appearance and request for a withhold of points.” This form must be submitted to the Clerk’s Office by your compliance date. The Judge or Magistrate will review your lifetime driving record and your current citation to make a decision. Notification will be sent (by mail or email) informing you of the ruling, the fine and compliance date to pay. If your request is denied, you will be given an opportunity to select another option.