The Automatic Dismissal of Traffic Cases in Palm Beach County Florida
In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order Number 10.102-9/08 which automatically dismisses the following types of cases:
1. All criminal-traffic cases that have had no court activity for the past 5 years. (Such cases include driving a motor vehicle without a valid driver's license, reckless driving [unless serious bodily injury occurred], and leaving the scene of an accident [not involving death or personal injuries]).
2. All violation of probation cases related to #1 that have had no court activity for the past 5 years.
3. All driving under the influence cases (DUI cases) that have had no court activity for the past 8 years.
4. Cases in which the Palm Beach County Clerk of Court receives documents proving that a defendant is dead (such as a death certificate).
Also, as stated in a related article that I posted several days ago:
[T]his order goes on to state that if the Clerk of Court fails to dismiss one of the above-mentioned types of cases, a defendant is not entitled to have his case dismissed simply by filing a motion with the court. In fact, if a defendant were to do so, the court could actually reactivate his case and set it for trial.
So what should you do if you believe that your case ought to be dismissed because it has been inactive for several years? For one thing, do not file anything in writing with the judge or clerk. That may well result in your case being reactivated. Instead, contact a criminal defense lawyer for advice about how to proceed and hopefully get your case dismissed.
