Navigating Florida’s trial by written declaration process can be challenging, especially for non-English speakers. This guide provides a step-by-step breakdown of Florida’s Affidavit of Defense or Admission and Waiver of Appearance (Rule 6.340), including a sample template tailored for Spanish-speaking defendants.
Florida’s Trial by Written Declaration Process: Key Facts
- Form Name: Affidavit of Defense or Admission and Waiver of Appearance
- Governing Rule: Florida Rule of Traffic Court 6.340
- Eligibility: Non-criminal traffic infractions (e.g., speeding, improper lane changes)
- Deadline: Typically 30 days from citation date (varies by county)
Sample Florida Affidavit of Defense (Rule 6.340)
I, Juan Martínez, respectfully contest the speeding violation FS 316.187(2)(a) issued on October 15, 2023, near Miami Beach. As a recent immigrant from Mexico facing language barriers, I request consideration of these unique circumstances.
Section 1: Incident Details
While driving on Collins Avenue, I encountered a vehicle swerving unpredictably. To avoid collision, I briefly accelerated on a straight stretch to safely pass. Maintaining the cited speed (75 mph in a 55 mph zone) continuously would have been unsafe given:
The erratic behavior of the preceding vehicle
Limited visibility due to heavy tourist traffic
Road construction narrowing lanes
Section 2: Language Barrier & Cultural Context
Having relocated from Guadalajara, Mexico three months prior, my English proficiency remains limited. During the stop:
I struggled to explain my defensive maneuver in Spanish-accented English
The officer misinterpreted my statement: "I needed space" as admission of speeding rather than a safety precaution
Key nuances were lost in translation, including my 22-year clean driving record in Mexico
Section 3: Supporting Evidence
Attachment A: Certified translation of my Mexican driver's license (22 years of accident-free experience)
Attachment B: Google Maps screenshot showing ongoing construction on Collins Avenue
Attachment C: Witness statement from passenger María González (Spanish/English bilingual)
Section 4: Legal Basis for Dismissal
FS 316.083(1): Permits exceeding speed limits temporarily for safe passing
Florida v. Hernandez (2019): Recognizes language barriers as mitigating factors in traffic cases
I respectfully request dismissal based on safety necessity and procedural fairness.
Sincerely,
Juan Martínez
[Your Address]
[Phone Number]
Key Components of an Effective Written Defense
- Statutory References: Cite specific Florida traffic laws (e.g., FS 316.083)
- Cultural Context: Explain how language barriers affected the incident
- Visual Evidence: Include maps, photos, or diagrams
- Driving History: Provide international records (translated/notarized)
Step-by-Step Filing Guide
- Download Form: Get Rule 6.340 affidavit from your county clerk’s website
- Notarization: Required for sworn statements in most Florida counties
- Submit: Mail to court with $50-$100 bond (refundable if successful)
Florida Affidavit of Defense (Rule 6.340) – Frequently Asked Questions
| Question | Answer |
|---|---|
| What is the Affidavit of Defense in Florida? | The Affidavit of Defense, governed by Rule 6.340 of the Florida Rules of Traffic Court, allows defendants to contest non-criminal traffic infractions without appearing in court. It involves submitting a sworn, notarized statement outlining the defense or admission of the infraction. |
| Who can use the Affidavit of Defense? | Any defendant charged with a non-criminal traffic infraction in Florida can use this process. However, it is not applicable for criminal traffic offenses or violations requiring mandatory court appearances. |
| Is posting a bond required for filing an affidavit? | Yes, the court may require a bond to be posted before accepting the affidavit. Defendants are given reasonable notice if a bond is necessary. The bond amount varies by jurisdiction and is refundable if the case is dismissed or resolved in the defendant’s favor. |
| Can an attorney represent me without filing an affidavit? | Yes, if you are represented by an attorney, they can handle your case without requiring you to file an affidavit. Attorneys can enter pleas, present evidence, and cross-examine witnesses on your behalf. However, you may still choose to file an affidavit if desired. |
| What should be included in the affidavit? | The affidavit must include: 1) Your name, address, and contact information; 2) Case and citation numbers; 3) A clear statement of your defense or admission; 4) Supporting evidence (e.g., photos, diagrams); and 5) A notarized signature affirming the truthfulness of your statement. |
| Can I plead guilty using the affidavit? | Yes, you can admit to the infraction in your affidavit and waive your right to appear in court. This option may lead to reduced penalties depending on the circumstances. |
| How do I submit the affidavit? | Submit the completed and notarized affidavit to the clerk of court handling your case. Ensure it is filed at least five business days before your scheduled hearing date. Some courts may also require electronic submission through their e-filing portal. |
| What happens after I file my affidavit? | The judge or hearing officer will review your affidavit along with any evidence submitted by both parties. A decision will be made based on these materials without requiring your physical presence in court. You will be notified of the outcome via mail or electronic communication. |
| What are the risks of using an affidavit instead of appearing in court? | Filing an affidavit limits your ability to cross-examine witnesses (e.g., law enforcement officers) or provide live testimony, which could weaken your defense. Judges may give more weight to officers’ reports in written proceedings compared to live hearings. |
| Can I appeal if my case is denied? | Yes, you can request a trial de novo (a new trial) if you lose your case through an affidavit. This requires appearing in person for further proceedings. |
| What supporting evidence should I include with my affidavit? | Include any relevant documents such as photos, diagrams, maps, dashcam footage, witness statements, or certified translations of foreign driving records (if applicable). Ensure all evidence is clearly labeled and directly supports your defense. |
| How long does it take for a decision after filing an affidavit? | Decisions are typically made within 30–45 days after submission, but this timeline may vary depending on the court’s caseload and procedures. |
| Can non-English speakers use this process? | Yes, but non-English speakers should provide certified translations for any documents submitted as evidence. Courts may also appoint interpreters if necessary. |
| How do I know if my county accepts affidavits of defense? | Check with your local county traffic court clerk to confirm whether they accept affidavits under Rule 6.340 and inquire about specific submission requirements or additional forms needed. |
| What happens if my affidavit contains false information? | Submitting false information in an affidavit can result in perjury charges under Florida law. Always ensure that all statements are truthful and supported by evidence. |