Summary
explaining that "failure to file a traffic citation with the court within five days after issuance . . . was not a jurisdictional prerequisite to . . . prosecution"
Summary of this case from City of Hollywood v. AremOpinion
Case No. 1D02-1026.
Opinion filed March 27, 2003.
Petition for Writ of Certiorari — Original Jurisdiction.
William J. Ritchie, Destin, Mary Esther, for Petitioner.
Charlie Crist, Attorney General, and Douglas T. Squire, Assistant Attorney General, Tallahassee, for Respondent.
The officer's failure to file a traffic citation with the court within five days after issuance to the violator, as required by section 316.650(3), Florida Statutes (2001), is not a jurisdictional prerequisite to the prosecution of the defendant.See State v. Hancock, 529 So.2d 1200 (Fla. 5th DCA 1988). The petition for writ of certiorari was DENIED.
ERVIN and DAVIS, JJ., CONCUR; BENTON, J., CONCURS with result.