In criminal defense and traffic defense much is made about the initial seizure or traffic stop. This is because if you fight the traffic stop and win, evidence is excluded which can lead to the entire case being dismissed. In regards to fighting a traffic stop, some people argue that there is a fundamental right to travel which is a defense to whatever violation of the traffic law that led to the seizure or the accusation itself. Essentially, the argument is that the fundamental constitutional right to travel invalidates whatever statute, law, rule or regulation the government is attempting to enforce or even the court's jurisdiction. In court, unrepresented defendants can be heard to argue things such as:
In traffic ticket defense a common question is whether the Defendant has to appear or show up in court. There is no requirement that an accused be present. However, whether someone should go to court depends on the case itself. In speeding tickets, the answer is almost always no, there is no need to attend. Even if the officer checked the box "Infraction Court Appearance Required", then the hearing itself is mandatory but the appearance by the client is still optional if they hire a traffic lawyer.
A question that is regularly asked of me is whether officers and witnesses appear at traffic hearings. The communities of Gainesville, Waldo and Alachua (Alachua County) or Ocala, Belleview and Dunnellon (Marion County) or Starke and Lawtey (Bradford County) or Lake City (Columbia County) are very different than the communities in South Florida. My understanding is that no show rates are higher down south, regardless, here in North Florida, witnesses and officers do fail to appear.