Can I Get a Continuance for My Traffic Hearing in Florida?

When you receive a traffic citation in Florida, you may be required to appear in traffic court on a scheduled court date. Sometimes that date conflicts with work, school, or family responsibilities.

Many drivers ask the same question – can I get a continuance for my traffic hearing in Florida? The answer is yes, but it requires action. You must submit a written request to the clerk’s office, explain your reason, and wait for a judge or hearing officer to decide. Missing your court appearance without approval can result in fines, late fees, or even having your driver’s license suspended. This guide walks through the process, explains Florida statute requirements, and shows how to avoid mistakes that affect your driving record.

How Florida Traffic Hearings Work

Traffic hearings are held in county traffic court or circuit court depending on the case. A court hearing is where a judge or hearing officer reviews your citation, listens to evidence, and makes a ruling. There are two main types of cases.

Civil traffic infraction cases involve non criminal violations such as speeding or running a red light. These often result in civil penalty fines, court costs, or traffic school.

Criminal citation cases involve more serious offenses like reckless driving or DUI. These require a mandatory court appearance and can impact your criminal record. The clerk of court mails you a notice with your court date, time, and location. If you need a continuance, you must file your request before the date listed on the notice.

Why a Continuance May Be Necessary

Not every request is approved. Florida rules require good cause. Examples include a medical emergency or procedure on the trial date, travel outside Florida for work or military duty, conflicting case in another circuit court, or time needed to obtain proof or complete registration for driving school. A continuance is not automatic. The judge’s decision depends on the documents you file and whether the request shows a valid reason.

How to File a Request

To request a new court date you must prepare a written request that includes your name, address, citation number, current date, and reason for requesting. File with the clerk’s office in person, by mail, or online in some locations. Always sign and date the request. Provide supporting proof such as doctor’s notes, military orders, or school registration records. Wait for notice from the clerk’s office once the judge or hearing officer decides.

Role of the Clerk’s Office

The clerk’s office manages scheduling and fees for all traffic tickets. They record your request for a new hearing date, collect payment of civil penalties, late fee assessments, and reinstatement fees, provide written instructions about the judge’s decision, and update your driving record after you complete requirements such as traffic school. Always keep copies of anything you file. The clerk cannot be responsible for lost documents.

What Happens If You Miss Your Court Date

Failing to appear without approval has serious consequences. A guilty plea may be entered on your behalf, court may impose the maximum civil penalty allowed under Florida statute, a late fee may be added to your balance, and your license can be suspended until all payments, proof, and reinstatement fee obligations are met. Points assessed may appear on your driving record. Too many points can lead to longer suspension periods and difficulty reinstating your valid driver’s license.

Mandatory Court Appearance Cases

Some citations require you to appear and cannot be resolved by paying or electing school. Examples include reckless driving or causing serious bodily injury, driving with license suspended, leaving the scene of a crash, DUI, or other criminal citation. In these situations, filing a continuance is more difficult. The judge will only grant it if you provide strong supporting evidence.

Options for Handling a Citation

Florida law provides several options for resolving a citation. You may request a continuance if you cannot attend your original date. You may elect traffic school if you are eligible to attend traffic school or driver improvement school instead of appearing in court. You may pay the civil penalty for minor violations such as a non moving violation, using cash, money order, or cashier’s check. You may enroll in defensive driving to complete a defensive driving course when ordered by the court. You may also hire an attorney if you hold a commercial driver’s license or face criminal charges.

Traffic School and Defensive Driving

Electing traffic school is often the easiest way to avoid points. Florida statute allows up to five elections in your lifetime, but no more than once per year. Benefits of traffic school include avoiding points assessed on your license, keeping insurance rates lower with a completion certificate, and protecting driving privileges from suspension. Driver improvement school or a defensive driving course may be ordered by the court as part of a plea. You must complete the school and file proof with the clerk of court.

Payment Plans and Fees

Court hearings often involve fees. You may owe civil penalty fines, court costs for processing, late fee assessments, and reinstatement fee charges. If you cannot pay at once, you may request a payment plan through the clerk’s office. Payments may be made in cash, money order, or cashier’s check. Failure to follow the plan can result in your license suspended again.

The Role of Hearing Officers and Judges

In civil traffic hearings, a hearing officer often reviews your citation, proof, and request. Judges handle criminal cases, appeals in circuit court, or mandatory court appearances. The hearing officer or judge’s decision determines whether your continuance is granted, whether civil penalties must be paid, and if defensive driving or driver improvement school is required.

Florida Rules and Statutes

Continuances and rescheduling are controlled by Florida rules of traffic court and Florida statutes. They explain deadlines for filing a written request, rules on who is eligible for traffic school elections, how many points are assessed for different violations, and civil penalty limits for each violation. Knowing these laws helps you understand your rights and responsibilities when filing a request.

Defensive Driving and Eligibility

Defensive driving is available for many drivers with a valid driver’s license. Commercial driver’s license holders may not elect traffic school to avoid penalties. Eligibility often depends on the type of violation listed on your citation, whether you have elected school within the last year, and whether your license is currently valid and insured. Always contact the clerk’s office to confirm eligibility before filing an election.

Insurance and Driving Record Consequences

Points on your driving record can increase insurance premiums. Too many points also trigger suspension periods of 30 days, 3 months, or 1 year depending on how many points are accumulated. Attending traffic school helps you avoid points and protects your insurance. Failure to resolve tickets can cause higher rates, license suspended status, and the need to pay reinstatement fee charges.

Filing Methods and Locations

Requests, elections, and payments can be made in person at clerk’s office locations, by mail using the address listed on your citation, or through the circuit court or clerk of court website. Always keep proof of filing. If the court has no record of your request, you may be marked as failing to appear.

FAQs

How do I reschedule a traffic court hearing?

You must file a written request with the clerk’s office before your court date. Include your citation number, reason, and supporting proof. The judge or hearing officer will decide.

How do I reschedule my traffic court date in Florida?

Contact the clerk’s office as soon as possible. You can file in person, by mail, or online in some counties. Do not wait until after your court appearance.

What is a good cause for continuance in Florida?

Good cause includes medical emergencies, military service, conflicting trial date in another circuit court, or proof you cannot attend for reasons outside your control.

Can you get an extension on a traffic ticket in Florida?

Yes. Some clerks allow extensions or payment plans through the clerk of court. You must request in writing before the deadline and pay any fee associated with the extension.

Conclusion

A continuance gives you more time to prepare for a hearing or attend traffic school, but it requires careful steps. File your request in writing, sign and date it, and provide proof to the clerk’s office before your scheduled court date. Always keep copies and wait for the judge’s decision. Failing to act can result in late fees, license suspended status, and higher insurance costs. With thorough preparation, defensive driving options, and attention to Florida rules, you can resolve your citation responsibly.

If you are unsure of eligibility or need help, contact an attorney for guidance. Experienced attorneys can review your citation, file requests on your behalf, and protect your driving record and driver’s license.