How to answer a Florida traffic ticket with an affidavit under Rule 6.340
Florida Rule of Traffic Court 6.340 lets a person charged with a noncriminal traffic infraction, such as most speeding tickets, file a sworn written statement instead of appearing at the hearing in person or by video. Since January 1, 2026 the rule carries two sample forms: a plea of guilty or no contest with no hearing, and a plea of not guilty with a request for a hearing, which is where a sworn statement of defense goes. Either one must be notarized and reach the clerk at least five business days before the hearing. This is legal information, not legal advice.
At a glance
- Rule Florida Rule of Traffic Court 6.340, Affidavit of Defense or Admission and Waiver of Appearance
- Issued by Supreme Court of Florida; forms revised effective January 1, 2026
- Who files A defendant charged with a noncriminal traffic infraction
- Sample forms Plea of Guilty / No Contest and No Request for Hearing; Plea of Not Guilty and Request for Hearing
- Where it goes The clerk of court for the county court handling the citation
- Deadline With the clerk at least 5 business days before the hearing
- Form categories Florida court forms
Check that your ticket qualifies
The affidavit is for civil (noncriminal) infractions. Some infractions require you to appear in person under section 318.19, Florida Statutes: among them, an infraction that caused a crash with a death or serious bodily injury, and speeding 30 mph or more over the limit. A criminal traffic charge is outside Rule 6.340 altogether. If you are unsure, the citation and the county clerk will tell you whether a court appearance is mandatory.
Choose what to do within 30 days
A person who does not elect to appear has 30 days from the date the citation was issued to pay the civil penalty or set up a payment plan with the clerk, under section 318.14. For certain infractions a noncommercial driver can instead elect a basic driver improvement course: adjudication is withheld, the penalty is reduced by 18 percent and no points are assessed, but the election is allowed only once in 12 months and eight times in a lifetime. Contesting the ticket means electing a hearing, and the affidavit is how you take part in it without going.
Pick the right form
The 2025 amendment, effective January 1, 2026, replaced the single old affidavit with two forms, so that a driver acting without a lawyer can see each option. Both are printed in Rule 6.340 in the Florida Rules of Traffic Court, and many county clerks publish their own version.
| Plea of Guilty / No Contest and No Request for Hearing, Rule 6.340(d) | Plea of Not Guilty and Request for Hearing, Rule 6.340(e) | |
|---|---|---|
| Your plea | Guilty or no contest | Not guilty |
| Hearing | None requested; the judge or hearing officer decides the sentence | Requested; you choose to appear, to send a sworn statement of defense instead, or to do neither |
| Your statement | Optional explanation of what happened, considered before sentencing | Sworn statement of defense, if you chose not to appear |
| What it waives | Your appearance at a hearing | Your personal appearance at the final hearing, if you send the statement |
On the not-guilty form, choosing to send a sworn statement means the judge or hearing officer decides whether you committed the infraction from the witnesses' sworn testimony, the other evidence and your statement, without you there to answer or question anyone.
Fill out the affidavit
Both forms open with the case caption: the county, the case number, the citation number and your driver's license number, all from the citation. Then:
- Your name, address and telephone number.
- The violation or violations you are charged with, as you understand them. Listing them is not an admission.
- Your plea, and on the not-guilty form one of the three hearing options.
- Your statement in your own words. Attach any papers or photos and mention each one in the statement.
Sign the form in front of a notary public, a deputy clerk or another authorized officer, who completes the jurat. If you are under 18, a parent or guardian must also sign. Each form warns that a material misrepresentation can be prosecuted as a separate crime.
File it with the clerk
Deliver the notarized affidavit to the clerk of court for the county court handling your citation no less than five business days before the hearing date; it is your responsibility to get it there in time. The court may require you to post a bond before it accepts an affidavit in place of your appearance, and must give you reasonable notice if it does. If a lawyer represents you, the lawyer files a written notice of appearance and can handle the hearing without any affidavit from you.
After the decision
If the official finds no infraction was committed, no costs or penalties are imposed. If the infraction is found, the civil penalty can be up to $500 under section 318.14, and under Rule 6.480 you get at least 60 days from the date the penalty is imposed to pay it.
Instafill.ai fills a clerk's PDF of these forms online from the details you give, and the Florida court forms on Instafill.ai cover the state's family law forms too.
