Whereas, defendants cited with civil traffic infractions in Alachua County requiring a mandatory court appearance pursuant to §318.19, Fla. Stat., are currently noticed for an initial appearance at which they admit to the violation and are sanctioned, or deny the violation and request a hearing to be scheduled at a later date; and

Whereas, those persons admitting to the violation may be sanctioned by the court without the benefit of testimony from victims or witnesses, or are required to appear at a further proceeding at which victims and witnesses are subpoenaed to testify as to sanctions; and

Whereas, those persons denying the violation are required to appear at a further proceeding at which victims and witnesses are subpoenaed to testify as to guilt or innocence and as to sanctions; and

Whereas, the multiple court events now required impose an unnecessary appearance by the accused, the citing law enforcement officer, court officials and personnel; and

Whereas, the efficient administration of justice would be served best by the presentation of testimony of the citing officer, witnesses, and victims at the initial hearings whether by trial after denial or sanctions after admission of guilt; and

Whereas, §318.19, Fla. Stat., requires a mandatory appearance at a "scheduled hearing" and Ch. 318, Fla. Stat., and the Traffic Court Rules refer to the court event at which guilt or innocence is determined as a "hearing," suggesting that the Florida Legislature and the Florida Supreme Court intended the initial mandatory hearing required by §318.19, Fla. Stat., to be a trial on the merits; it is therefore

ORDERED that the Clerk of Court for Alachua County shall send notice of the aforementioned initial mandatory hearing reflecting that such hearing will be a trial on the merits as required by statute.

ORDERED on January 5th, 1999.

/s/
ROBERT P. CATES, CHIEF JUDGE