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Loper v. State

District Court of Appeal of Florida, First District
Mar 27, 2003
840 So. 2d 1139 (Fla. Dist. Ct. App. 2003)
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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. Arem
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Opinion

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.

PER CURIAM.

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.

Summaries of

Loper v. State

District Court of Appeal of Florida, First District
Mar 27, 2003
840 So. 2d 1139 (Fla. Dist. Ct. App. 2003)

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. Arem
Case details for

Loper v. State

Case Details

Full title:HENRY MAC LOPER, Petitioner, STATE OF FLORIDA, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Mar 27, 2003

Citations

840 So. 2d 1139 (Fla. Dist. Ct. App. 2003)

Citing Cases

City of Hollywood v. Arem

However, the failure to deliver the original citation to the court within the statutory time limits is not a…

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