May 21, 2013
The Florida Supreme Court is hearing oral argument over a proposed self-incrimination warning for traffic court defendants.
A Florida Bar committee has proposed the new rule. It would require judges to a tell motorists they have a constitutional right to remain silent rather than incriminate themselves.
The Conference of County Court Judges of Florida was set to argue against the rule on Wednesday.
The county judges contend the Fifth Amendment right against self-incrimination does not apply to traffic cases because they are civil -- not criminal -- infractions.
They also note that traffic defendants are rarely questioned in court but say judges should have the discretion to allow questioning.
