Florida Traffic Law

There is a Florida Statute that penalizes you for simply possessing a handcuff key. It is found in section 843.021, Florida Statutes, and is titled, "Unlawful possession of a concealed handcuff key." I'm writing this post because this is the kind of "slow creep" law that the government produces without anyone noticing. Yet year over year they add up making more and more unwitting individuals criminals. This law prohibits the following behavior: Any person who possesses a concealed handcuff key commits a felony of the third degree, punishable by a $5,000 fine and/or 5 years in prison. Notice that the "title" and the "prohibited behavior" of the law says that there an unlawful way to possess a handcuff key when you conceal it. At least that is what I take from it. Luckily, the creators of this crime have included some definitions that cannot be overlooked (but usually are - mainly by law enforcement). The first definition is the “In custo...

 Biking is Fun Biking is a pretty popular sport. Everyone likes to bike except maybe people who like to fish - off a pier - in a chair - with a bucket next to them. I never got into fishing but I do bike. Don't have to be a pro to like biking I just like to recreational bike. You know, on the bike trails that seem to be everywhere these days. I don't enter races or anything, I just like to get outside sometimes and bike. Bike Helmets Are To Protect Your Brain Most people who bike today wear bicycle helmets. That is quite a change from when I grew up. We all thought bike helmets made you look dorky, and let's face it - they do. Today we know that a bike helmet can mean the difference between a minor fall and a major accident. So when I bike I always take my helmet. Brains Are To Protect You When I bike I also take my brain with me. I don't leave my cognitive reasoning in the closet when I bike. I use it to make my biking more fun, safe, and enjoyable. ...

By now we are all aware of Red Light Cameras. They were implemented under the guise of "Safety." We have heard about them, we have seen them, and some of us have been caught by them. It, like most politics of today, has divided us. You have the people that are protesting with signs against them and you have the opinion letter writers posting their thoughts for them in local papers. The question isn't whether they are effective - they are, to the tune of millions of dollars being sucked out of our local economies and being sent to companies located in New York or Arizona. The real question is why they are so effective. Do That Many People Really Run Red Lights With the astronomical revenue being generated by Red Light Cameras it is easy to protest and easy to applaud them. The protesters see the cameras as governmental hands reaching into our pockets and taking our money. The pro-camera types look at the numbers generated and think everyone of those cited deserve it...

Is it any wonder that people do not trust government. We pass laws against texting because it distracts drivers while at the same time government erects hundreds of electronic signs that they want us to read as we drive so we can go look for a "Silver Alert" vehicle. When it comes to Toll Violations we are told, by a sign before each toll both, that the fine for violating the toll is $100.  I have yet to see a toll ticket that can be paid with $100. The one dollar toll ends up always being over $200 when it becomes a ticket. Not only is it deceitful it is also frustrating. Toll Violation tickets can end up costing people over $300 when the Clerk sends the ticket off to collections. There seems to be no grace-period either. The clerks send all tickets now-a-days immediately to collections upon it becoming late. I sure would like to know whose relative on the county commission got the gig with collections for the court. Pure robbery of the citizenry there. Anyhoo, the way...

Have you ever driven past a toll and seen the big green sign indicating that the fine is $100 if you don't pay? If you have ever received a toll ticket you know that the sign is an outright lie. Most Toll Tickets Are Well Over $200! Most toll tickets are well over $200 when you receive them. Does that mean you have to pay all that money? Absolutely not. The Law Allows For Many Ways To Reduce Your Toll Ticket The law provides many ways to have a toll ticket reduced. Unfortunately most of those options require that you act within 30 days after the issuance of the ticket. That is not as easy as it sounds. Most people find out about a toll ticket only when the Department notices them of a pending drivers license suspension, well past the 30 days. We Can Also Challenge The Amount At A Hearing You can still challenge a toll ticket if it is past the 30 day time limit so long as your license has not yet gone into suspension. Additionally, even if your license has gone into susp...

Orlando's "Stops" program. A Red Light Camera program still using unauthorized signage. Red Light Cameras are here to stay. If you don't like that it's too bad - get use to them. There is way too much money coming from them (because people continue to run them) for any municipality to give them up. Upset, disgusted, mad? Good. Now let's talk about fixing the problems faced by the municipalities. When these Red Light Camera companies came to Florida to peddle their wares it was like a dream come true for the cities and towns under the budget crunch from the "great recession." The Red Light Camera companies came to them promising them millions so it was no surprise that the bureaucrats, politicians, and accountants looked past all the legalities straight to the bottom line. Before anyone thought to look towards consequences we had major cities contracting with these companies to throw up the first of many red light cameras.  All seemed well a...

City of Orlando Red Light Camera intersection. Orange County Red Light Camera Contract What they don't want you to know... Orange County and American Traffic Solutions [ATS] have a contractual relationship involving the Red Light Cameras that we see popping up everywhere (for Orange County, it only involves those cameras in Orange County and outside of the cities). We have been told by our leaders (a/k/a politicians) that these cameras are for "our" safety. The reality is that the contract between Orange County and ATS is very lucrative for both parties. Read the contract here: http://www.scribd.com/doc/106485947 Eric J Dirga More information at Eric J Dirga, PA website .

A few weeks back a woman in her twenties was killed on Interstate 4. She had gotten into a minor accident in the early morning hours and tried to get to the side of the road. As she walked/ran to get to safety she was struck and killed by another vehicle traveling above the speed limit. Every morning the news reports accidents on I-4 and other roads throughout central Florida. Often the accidents involve deaths. Every time we drive on I-4 there is someone exceeding the speed limit, tailgating, cutting off another driver or any combination of those activities in their rush to get somewhere. Somewhere that is undoubtedly not important enough to risk other people's lives for.  This is the tragedy. Commuters know all too well the dangers involved while driving on I-4 yet some don't care. Yes, the on ramps are not particularly well designed, the amount of vehicle traffic has increased, and the road needs to be resurfaced. However, most everyone that drives on I-4 knows this. Dai...

Plywood covers damage to home. Apparently, Drew Dyer drove his Infinity into someone's house early Sunday morning . His father the mayor said "Teenage driving, I guess… It's every parent's nightmare," on Tuesday morning during a brief news conference where he said his son did everything right following the incident.  Orlando Police Chief Paul Rooney, the Chief of Orlando Police Department, responded to the scene after "spending the evening patrolling radio traffic and monitoring downtown crowds pouring out of clubs." Mayor Dyer said the Orlando Police Department's Police Chief, the number one top officer, that his presence was not special treatment for his son. Now let's look at the law. 316.061 Crashes involving damage to vehicle or property.— (1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene o...

Under Florida law a driver can have his or her driver's license suspended for a whole host of reasons. Some make sense, others do not. (See my webpage regarding reasons for the government to suspend your license ). Often times a driver has no idea their driving privileges have been suspended or revoked until he or she has been pulled over and is informed by law enforcement. (To check your driving privilege status go here . For questions and answers regarding suspended drivers licenses ). Prosecutors and Judges take suspended drivers licenses seriously The usual reason for a suspended drivers license is the driver has forgotten to make an election on a prior ticket. Once they are informed of the error by law enforcement they quickly fix the situation and reinstate their drivers license. In doing so, they forget about the "driving with a suspended license" ticket they just received. Before the driver knows it he or she is being pulled over again for the same exact thi...

The short answer is unfortunately "yes." The problem is that when you ask how you can "fix" this problem - and a 5-year suspension is a big problem for anyone - you will receive different answers from everyone you talk to.  Clerks are trained to not give out anything that could be construed as legal advice so often times they will tell you that you are stuck or to hire an attorney (best advice and not just because I am one). Worse, the DMV personnel will all tell you something different and nothing helpful. A five year suspension is typically issued because someone has been found guilty of three "Driving While License Suspended" [DWLS] citations within a five year period of time (subject to the DMV's "new math" determination). DWLS tickets are usually due to unpaid tickets (if you don't take care of a ticket you receive within 30 days the county clerk will suspend your drivers license). A 5-year suspension occurs because you just pay yo...

Any one who has ever plead guilty to a minor criminal offense realizes the huge black mark that it makes in today's computer age. People today can just do a search for "background check" and find hundreds of private companies willing to take their money to provide them with a little information on someone they are curious about. Unfortunately, what people find when they search is just the cover of the book - they don't bother to understand the circumstances of the offense which can't be discerned from a brief glance of the public record.  They read "theft" and they think "thief" rather than teenager acting on a dare. Florida has passed a law that allows people to clear up one criminal offense that has been dismissed or had adjudication withheld. This seems trivial to prosecutors, who often times argue that it is legalized lying, but for the person with the black mark an expungement can make the difference between getting a job and being un...

I can remember as a kid going out to the closest "fly-by-night" insurance company and getting the bare minimum insurance coverage that would make my car legal.  Heck, I didn't have much money but I had a car and I wanted to drive it - and did I. For probably the first 4 years of my driving life I spent nearly 100% of my money on my car.  I had to make it sound better, run faster, jack it up, bigger tires, and on and on.  And this was on a Gremlin!  It was one of those weird, rare Gremlins that had a V8 sitting under the hood and for the first two gears (it was only a three speed) it was quite quick.  I, fortunately, decided my life was going no where and joined the Army before I could cause any damage on the road, and that was a very good thing.  Nearly thirty years later I look back and wonder how I ever made it out of my teen years.  There are lots of reasons for this bewilderment and the thing I want to focus on here is the fact that I was under-i...

Recently, Orange County released the dispositions of thousands of traffic ticket cases from late 2009 - 2011. The error for not reporting these citation dispositions is not important. The concern is that the Department of Highway Safety and Motor Vehicles, upon receipt, has done the due diligence and sent out suspension letters for those drivers that now meet the requirements for suspension. The good news is that there may be a way to undo the suspension. Often times past citations, especially those that cause a suspension, can be modified to avoid the suspension. Even if the suspension has already begun relief can be had by motion. When a suspension is being issued by the Department it will send out a letter notifying the driver of the impending suspension of driving privileges. It is best to seek an attorney to try and avoid the suspension as soon as the letter is received. However, there is no time frame for which this can be done. The probability of obtaining relief often depend...

Does the City of Orlando know what the law requires for Red Light Cameras? A look at the picture below would indicate to me that they do not. Orlando's signs are wrong.  Do you know why? Florida is required to have "uniform" traffic laws. That was the curse that brought down the red light cameras before the state passed a unifying law regarding the cameras. Uniformity requires that all laws regarding the red light cameras be the same throughout the state. This also includes the way in which these laws are enforced. Unfortunately, for Orlando, they have not caught up to that "uniformity" thing. Eric J Dirga

The City of Orlando likes to tout how red light cameras are all about safety.  Let's see how they define safety... http://www.cityoforlando.net/economic/codeenforcement/orlando_stops/numbers.htm . Apparently, safety is about money, or it is determined by the amount of money brought in.  Notice how they do not mention the number of accidents that occurred or if that amount has been reduced. This is how government fleeces our pockets under the guise of "safety." Eric J Dirga

Does this sign meet the correct specifications of the Florida DOT? Is this sign  not in conformity to the Florida Department of Transportation [DOT] specifications? According to the DOT, all red light camera signs that notify drivers of a red light camera at the oncoming intersection that permits right turns on red must have a sign located below the "Photo Enforced" sign that indicates "INCLUDES RIGHT TURN." Orlando started their "Orlando Stops" campaign before the independent Red Light Camera enforcement was declared unconstitutional.  After that the legislature created a new statute that made red light camera enforcement uniform statewide.  This statute had requirements on how the cameras should be placed, maintained, etc.  However, this was after Orlando and other cities had already "placed" their cameras.  In fact, the DOT came up with specifications for these cameras only in April of 2011. Compare the sign above with the specific...

Notice how far from the corner this sign is. We have been told that red light cameras are all about safety.  It's a great pitch - who is against "safety?" The problem is that it just does not add up to be about saving lives and injuries because... ...If they wanted to do that there are several inexpensive things they could do that would make these intersections safer, albeit, less profitable. 1. Extend the length of the duration of the yellow light.      They should have tried this before they spent million$ installing these cameras. 2. Place Red Light Camera signs at the corners of the intersection.      Currently they place a sign some distance away from the intersection advising people that the intersection has a camera. However, the overwhelming number of citations issued are for "right on red" turns.   If this practice is so dangerous (turning right on red) why not place another sign at the corner where the right on red turns ar...