Can a Lawyer Appear For Me at a Mandatory Hearing in Florida Traffic Court?

When most people think of traffic tickets in Florida, they imagine civil traffic infractions like speeding a few miles over the posted limit or failing to signal. In many cases, you can simply pay a civil penalty without ever stepping foot in traffic court. But under Florida Statute Section 318.19, certain traffic infractions carry severe consequences and require a mandatory hearing. These infractions are treated more seriously because they involve public safety, serious bodily injury, or conduct that goes beyond routine traffic violations. Some civil traffic infraction cases are classified as requiring judicial proceedings and may be scheduled before a hearing officer rather than a judge.

This guide explains the types of traffic infractions that require a mandatory court appearance, what happens if a defendant fails to appear in court, and whether a lawyer can represent clients on their behalf. It also highlights the statutory maximum penalties, the role of designated officials and judges, and what defendants in Broward County, Palm Beach County, Fort Lauderdale, West Palm Beach, Delray Beach, Palm Beach Gardens, and other areas of South Florida can expect. Legal representation can help ensure your concerns are heard during these mandatory hearings.

What Is a Mandatory Hearing?

A mandatory hearing is a scheduled hearing in traffic court that a defendant must attend because the offense is too serious to resolve by simply paying a civil penalty. Unlike civil traffic tickets, which can often be handled online or by mail, these cases require a mandatory court appearance before a judge or designated official. Florida Statute Section 318.19 lists the infractions requiring a mandatory hearing, and failure to appear can result in severe consequences, including a driver’s license suspended or revoked, fines, or other penalties imposed by the court.

Not all traffic infractions require a mandatory hearing. For minor traffic tickets, you may be able to pay the civil penalty, attend traffic school, or contest the ticket in traffic court at your discretion. But for infractions listed in Florida Statute Section 318.19, the defendant has no option but to appear in court.

Infractions Requiring a Mandatory Hearing

Under Florida Statute Section 318.19, the following offenses require a mandatory hearing:

1. Traffic infractions resulting in an accident involving serious bodily injury or death
   Any accident involving serious bodily injury is treated as an infraction requiring a mandatory hearing. Because bodily injury creates lasting impact on victims, Florida law requires the court to review the case in person to determine penalties, and driver’s license suspension is a common penalty for such violations.
2. Exceeding the speed limit by 30 mph or more
   Driving far above the posted limit is considered dangerous to highway safety. This infraction requiring a mandatory court appearance ensures that drivers who endanger others are brought before a judge.
3. Failure to stop for an appropriately stopped school bus
   Passing a school bus with side children present is one of the most serious traffic violations in Florida because of the risks to child safety. These infractions are always scheduled for a mandatory hearing.
4. Vehicles carrying uncovered loads
   Motor vehicles carrying uncovered loads, such as gravel, debris, or other property, can create dangerous road conditions. Florida statutes require a mandatory hearing for uncovered loads to protect highway safety.
5. Leaving a child unattended in a motor vehicle
   A child unattended in a vehicle creates serious safety risks, particularly in Florida’s hot climate. Florida statute section 318.19 includes this as an infraction requiring a mandatory hearing.

Certain traffic violations, especially those with serious consequences, are included in this list and require a mandatory hearing.

Each infraction listed in Section 318.19 reflects Florida’s focus on public safety. The legislature decided these offenses require more than a civil penalty and must be addressed in mandatory court.

Mandatory Court Appearance vs Civil Traffic Tickets

Civil traffic tickets make up the majority of traffic infractions in Florida. These include civil infractions like running a stop sign, minor speeding, or failing to maintain valid insurance documents at a traffic stop. In most cases, you can simply pay the civil penalty or elect traffic school.

By contrast, mandatory court appearance cases cannot be resolved by simply paying a fine. A court date is scheduled, and the defendant must appear in court before a judge or designated official. If a defendant fails to appear, such failure can result in their driver’s license suspended, additional fines, and even statutory maximum penalties depending on the infraction. These consequences can include the suspension or revocation of a person’s driver’s license.

Penalties for Mandatory Hearing Infractions

Penalties for mandatory hearing infractions depend on the nature of the offense. For example, a driver whose traffic offense involves an accident resulting in serious bodily injury could face a statutory maximum penalty that includes a large fine, suspension of a person’s driver’s license, and other penalties imposed by the Florida Department of Highway Safety.

For passing a school bus or operating vehicles carrying uncovered loads, the penalties may include fines, points on a driving record, and required court appearances. In cases involving child unattended in a vehicle, severe consequences can include a license suspended and mandatory education or community service.

Because these penalties can be complicated, consulting an experienced attorney is critical. A traffic ticket attorney can review your case, explain the potential statutory maximum penalty, and represent clients in Broward County, Palm Beach County, West Palm Beach, Delray Beach, Fort Lauderdale, and other South Florida courts.

Can a Lawyer Appear for Me at a Mandatory Hearing in Florida?

A common question is, can a lawyer appear for me at a mandatory hearing in Florida? In many cases, yes. An experienced attorney can appear in court on your behalf, particularly if the offense is a civil infraction requiring a mandatory hearing. However, some infractions listed in Florida statute section 318.19 may require the defendant to appear in court personally, especially when the case involves serious bodily injury or other penalties that could include license suspension.

Experienced criminal defense attorneys and traffic ticket attorneys regularly represent clients in traffic court and mandatory hearings. If you cannot appear in court due to work, travel, or personal reasons, your attorney can often appear in your place to protect your rights and prevent severe consequences.

Failure to Appear and Severe Consequences

If a defendant fails to appear at a scheduled hearing, the court will issue a notice and may suspend the person’s driver’s license. Such failure often results in severe consequences, including fines, mandatory court, and additional penalties imposed by the Florida Department of Highway Safety.

In Broward County and Palm Beach County, courts take failure to appear very seriously. Whether your case is in the main courthouse in Fort Lauderdale, the traffic court in West Palm Beach, or a scheduled hearing in Delray Beach or Palm Beach Gardens, appearing in court—or having an attorney appear in court for you—is essential to protect your license.

The Role of Attorneys in Mandatory Hearings

A traffic ticket attorney provides critical assistance in cases involving mandatory hearings. Attorneys can represent clients at court appearances, challenge evidence, negotiate civil penalties, and prevent a driver’s license suspension. An experienced attorney understands Florida statutes and can argue against statutory maximum penalties, especially in cases involving uncovered loads, side children near a school bus, or an infraction listed in Section 318.19.

Attorneys not only represent clients in court but also help protect a person’s driving record, prevent additional penalties, and reduce the risk of severe consequences. Criminal defense firms across Fort Lauderdale, West Palm Beach, Delray Beach, and Deerfield Beach regularly appear in traffic court to assist defendants.

Frequently Asked Questions About Mandatory Hearings

Can you have a lawyer appear for you in court?

Yes, in many cases an attorney can appear in court on your behalf for mandatory hearings. This is especially common in civil traffic cases. For more serious infractions requiring a mandatory hearing, like an accident involving serious bodily injury, the court may require the defendant’s personal appearance.

Can my lawyer represent me in court without me being there in Florida?

Yes, your lawyer can represent you without you being present for many civil traffic infractions. However, certain infractions requiring a mandatory hearing may require you to personally appear before a judge, depending on the severity of the traffic offense.

What infraction does not require appearance in court in Florida?

Most civil traffic infractions, such as minor speeding tickets or failing to carry valid insurance proof, do not require a court appearance. You can often resolve these by paying the civil penalty or attending traffic school.

Is it worth going to the court date for a ticket?

Yes. Attending a court date, or having a traffic ticket attorney appear in court for you, can prevent points on your license, reduce penalties, and sometimes avoid a license suspended. Simply pay options may seem easier, but they can harm your driving record and increase insurance costs.

Taking the Next Step

Mandatory hearings under Florida statute section 318.19 carry severe consequences if ignored. Whether the case involves an accident with serious bodily injury, passing an appropriately stopped school bus, or operating vehicles carrying uncovered loads, a court appearance is required. Failing to appear in court can result in your license suspended, additional penalties, and other lasting impacts.

If you have received traffic tickets in Broward County, Palm Beach County, Fort Lauderdale, West Palm Beach, Delray Beach, or Palm Beach Gardens, you should contact an experienced attorney immediately. A traffic ticket attorney can represent clients at mandatory hearings, protect your license, and help you avoid the statutory maximum penalty. Call today for a free consultation and protect your rights in Florida traffic court.