Fillable INSTRUCTIONS FOR USING AFFIDAVIT OF DEFENSE The Affidavit (Flagler County Clerk of the Circuit Court & Comptroller)

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INSTRUCTIONS FOR USING AFFIDAVIT OF DEFENSE The Affidavit (Flagler County Clerk of the Circuit Court & Comptroller)

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INSTRUCTIONS FOR USING AFFIDAVIT OF DEFENSE
The Affidavit of Defense is designed for individuals who are unable to appear in court on a Traffic
Infraction. The affidavit must be completed and returned before the court date at which time it will
be submitted to the judge or hearing officer in lieu of your attendance.
1. Print or type all information.
2. Sign and have Affidavit notarized.
3. Return this Affidavit no later than 5 days before the scheduled court date.
4. Send to: Central Cashiering, Traffic Department
The Kim C. Hammond Justice Center
1769 E. Moody Boulevard, Building 1
Bunnell, FL 32110
Print Form
IN THE COUNTY COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
FLAGLER COUNTY, FLORIDA
STATE OF FLORIDA CASE NO.:
Plaintiff
vs. CITATION NO.:
DRIVER’S LICENSE NO.:
Defendant
AFFIDAVIT OF DEFENSE OR ADMISSION AND WAIVER OF APPEARANCE
1. Before me, personally appeared ________________________________________________,
who after first being placed under oath, swears or affirms as follows:
My name, address, and telephone number are:
Name:
Address:
Telephone No.:
2. I am the defendant in the above-referenced case and am charged with the following violations(s):
(List the charges as you understand them to be.)
(Note: This is not an admission that you violated any law.)
3. Check only one as your plea:
I hereby plead NOT GUILTY and file this affidavit of defense as my sworn statement
herein. I understand that when I plead not guilty, I do not have to supply any further
statement. I understand that by my filing this affidavit, the hearing officer or judge will have
to make a decision as to whether I committed the alleged violation by the sworn testimony
of the witnesses, other evidence, and my statement. I understand that I am waiving my
personal appearance at the final hearing of this matter.
I hereby plead GUILTY and file this affidavit as an explanation of what happened and as a
statement that the hearing officer or judge can consider before pronouncing a sentence. I
understand that I am not required to make any statement. I understand that the hearing
officer or judge will determine the appropriate sentence and decide whether to adjudicate
me guilty.
I hereby plead NO CONTEST and file this affidavit as an explanation of what happened
and as a statement that the hearing officer or judge can consider before pronouncing a
sentence. By pleading no contest, I understand that I am not admitting or denying that the
infraction was committed but do not contest the charges and I understand that I may be
sentenced and found guilty even though I entered a plea of no contest. I understand that I
am not required to make any statement. I understand that the hearing officer or judge will
determine any appropriate sentence and decide whether to adjudicate me guilty.
(OVER)
4. Defendant’s Statement: (Additional papers, documents, photos, etc. can be attached but should
be mentioned herein.)
I understand that any material misrepresentation could cause me to be prosecuted for a separate criminal
law violation.
Affiant/Defendant Signature
Sworn to (or affirmed) and subscribed before me, the undersigned authority, on
.
Personally know Produced identification
Type of ID produced
Notary Public, Deputy Clerk or other authority signature
Name:
Commission No:
My Commission Expires:
Note:
It is your responsibility to make sure this affidavit
is in the court file before the hearing date.
If Affiant/Defendant is under the age of 18, a parent or guardian must sign this affidavit:
Parent or Guardian Signature
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INSTRUCTIONS FOR USING AFFIDAVIT OF DEFENSE The Affidavit (Flagler County Clerk of the Circuit Court & Comptroller)

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Completed 22 July 2021

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