"Gazebo Gazette Volume 5, Issue 17 Dated April 21, 2009
Judge Mercer gave a very enlightening talk at last week’s Optimist Breakfast Meeting concerning Florida’s traffic laws, and how they are adjudicated, taking some of the mystery out of what Florida’s traffic laws are supposed to accomplish.
First of all, Judge Mercer explained that he is actually an appointed Traffic Hearing Officer, appointed by Judge Woodrow Hatcher, of Florida’s 14th Judicial Circuit, Jackson County, to handle non-criminal traffic cases. Should a traffic case involve a death, or criminal code violation, the entire traffic case is then referred to Judge Hatcher for adjudication.
Mercer further explained what traffic statutes, in the State of Florida, are intended to accomplish. For example, they are not for the purpose of earning revenue for the county or state. Although, revenues collected from traffic fines do supplement city and county jurisdictions to help defray some of the cost necessary to enforce traffic laws in smaller cities around the county, such as; Alford, Cottondale, Campbellton, etc. Last year, the City of Campbellton, alone, received $53,000 in revenue from traffic fines, and Cottondale received twice that amount. However, when asked why some jurisdictions enforced Florida’s traffic laws more aggressively than others, Mercer had no explanation. However, one cannot but wonder if disbursement of traffic fine revenues could play a role in that decision.
After explaining to the audience what Florida’s traffic laws were not instituted for, he informed the audience that the laws, in the State of Florida, are designed to promote traffic safety, and for the purpose of preventing accidents, as well as, to preserve life, limb and property. However, he confessed, the law is passive in nature and for that reason can only be effective if properly observed and obeyed by all.
Just importantly, if Florida’s traffic laws are to be respected, fair enforcement is a necessary part of that equation. On the other hand, however, the law can be abused by over zealous enforcement, as well. That means there must be a mutual respect for the law, and an attempt by both enforcement and citizen to satisfy the intent, rather than the letter of the law. The traffic statutes were never intended to raise insurance premiums, although insurance companies do use violation statistics to regulate individual insurance premiums. Also, points are assessed against individual’s licenses, not just to remove, or suspend driving privileges, but to determine the need for remedial driver’s education, once a prescribed point total is reached within a certain time frame. Keep in mind, however, that driving is a privilege. Therefore, if the privilege is abused, that privilege can be revoked by competent authority within the state the privilege has been abused.
Understandably, there will be times when enforcement officers and suspected violators may not agree with the degree of the charges made against them, or even if a violation occurred. This is where Mercer is called upon to render his judgment. Following a review of the case and a proper hearing, and as a sworn Officer of the Court, Mercer must uphold the law of the State of Florida, and the rights of the individual. He must then find the truth, having only his knowledge of the law, his good judgment, and Judge Hatcher’s order: "Do what’s right," to guide him. Not an enviable position, for sure!
First of all, Judge Mercer explained that he is actually an appointed Traffic Hearing Officer, appointed by Judge Woodrow Hatcher, of Florida’s 14th Judicial Circuit, Jackson County, to handle non-criminal traffic cases. Should a traffic case involve a death, or criminal code violation, the entire traffic case is then referred to Judge Hatcher for adjudication.
Mercer further explained what traffic statutes, in the State of Florida, are intended to accomplish. For example, they are not for the purpose of earning revenue for the county or state. Although, revenues collected from traffic fines do supplement city and county jurisdictions to help defray some of the cost necessary to enforce traffic laws in smaller cities around the county, such as; Alford, Cottondale, Campbellton, etc. Last year, the City of Campbellton, alone, received $53,000 in revenue from traffic fines, and Cottondale received twice that amount. However, when asked why some jurisdictions enforced Florida’s traffic laws more aggressively than others, Mercer had no explanation. However, one cannot but wonder if disbursement of traffic fine revenues could play a role in that decision.
After explaining to the audience what Florida’s traffic laws were not instituted for, he informed the audience that the laws, in the State of Florida, are designed to promote traffic safety, and for the purpose of preventing accidents, as well as, to preserve life, limb and property. However, he confessed, the law is passive in nature and for that reason can only be effective if properly observed and obeyed by all.
Just importantly, if Florida’s traffic laws are to be respected, fair enforcement is a necessary part of that equation. On the other hand, however, the law can be abused by over zealous enforcement, as well. That means there must be a mutual respect for the law, and an attempt by both enforcement and citizen to satisfy the intent, rather than the letter of the law. The traffic statutes were never intended to raise insurance premiums, although insurance companies do use violation statistics to regulate individual insurance premiums. Also, points are assessed against individual’s licenses, not just to remove, or suspend driving privileges, but to determine the need for remedial driver’s education, once a prescribed point total is reached within a certain time frame. Keep in mind, however, that driving is a privilege. Therefore, if the privilege is abused, that privilege can be revoked by competent authority within the state the privilege has been abused.
Understandably, there will be times when enforcement officers and suspected violators may not agree with the degree of the charges made against them, or even if a violation occurred. This is where Mercer is called upon to render his judgment. Following a review of the case and a proper hearing, and as a sworn Officer of the Court, Mercer must uphold the law of the State of Florida, and the rights of the individual. He must then find the truth, having only his knowledge of the law, his good judgment, and Judge Hatcher’s order: "Do what’s right," to guide him. Not an enviable position, for sure!
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