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...

Florida has several toll roads that just about every resident must use at some point in their life. The problem is that nothing is as it seems with tolls. There is NO $100 Fine for a Toll Violation Before you enter just about any toll booth you will see a sign that states there is a $100 fine for violating the toll. That is a lie. Maybe in some corner of an obscure statute it says that the fine is $100 but that is never what you face if you are cited for running a toll. Just as a refresher - if your vehicle registration address is correct or, if you are a SunPass or E-Pass account holder, your account address is up to date then if you run a toll you will: First receive a notice saying you ran a toll and ask for the toll amount plus a small administrative fee. If that is not paid you will receive another notice asking for the toll amount (e.g., $1.25) plus $25. Finally, if that is not paid a citation for $262 will be issued (not $100). Having an Account With SunPass or E-Pas...

If you get a ticket or are charged with a crime you may, at your leisure, decide to look up what it is you are charged with and maybe even try to find out what the penalty could be. If you have done this you probably gave up in frustration. Don't feel bad - Lawyers often feel the same way. As an example, I recently had a client charged with a traffic violation that carried with it a $1000 fine. At first blush you might think my client was charged with speeding in a school zone at the Holy Nun Academy or worse. That's a huge fine! Unfortunately, for my client, all he did was have a screw come loose on his License Plate tag holder on his motorcycle. Yes, it is a $1000 fine for placing a tag on a motorcycle that makes it hard to read, but enough about that. I wanted to find out where this fine amount was located in the statutes. There are several ways to access the online statutes. I like the senate's access because I know where the search feature is there ( http:/...

Section 316.126 of the Florida Statutes is home to what is now called the "Mover Over Law." We should know it to mean we need to vacate the lane closest to a pulled over police car that has its lights on. Actually, it means a bit more than that. Hopefully, I can help elucidate everything the statute means. Pull Over When An Emergency Vehicle Approaches The first part of the statute refers to what we already think we know. When an emergency vehicle approaches with either lights or sirens on we must pull to the curb and allow the emergency vehicle to pass. Here are what emergency vehicles are that require this action: Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Depa...

This post deals with the Red Light Camera statute, s. 316.0083, Fla. Stat., better known as the Mark Wandall Traffic Safety Program Act. Mark Wandall was a victim of a red light runner. His tragic story has since been manipulated by our legislators and local representatives into a cash grab whereby safety is no longer the goal. In fact, safety has been completely overlooked and abandoned, evidenced by the discovery that yellow light times have been trimmed to dangerous levels in order to boost the profits from red light cameras. But I digress... One of the peculiarities of the statute is the decision to cite the first named owner on the registration of a vehicle when there are multiple owners. Since the driver of the car is never viewed by the cameras (a strange requirement of the law) it just puts blame on the owner of the vehicle. If there is more than one owner the first named gets cited. There is no explanation for why the statute does this except the argument by the state that i...

As of today, October 1, 2013, Florida has a new law in effect. It has been dubbed the "Florida Ban on Texting While Driving Law" and it starts out with "It is the intent of the legislature to[...]". This usually means there may be some wording that does not make sense or is ripe for legal challenge so when the judges who must decide the issue read the law they have some guidance as to what was meant. The legislature intends this law to "improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users." In other words, everyone that comes in contact with a road or is in close proximity. It is also to "[p]revent crashes related to the act of text messaging while driving a motor vehicle" and "[r]educe injuries, deaths, property damage, healthcare costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes." Don't hold your breath on those last parts...

Let's take a look at section 318.15 of the Florida Statutes. This section basically says that if a driver fails to either pay the ticket (bad), elect driving school (good), or challenge the ticket within thirty days of receipt of the citation the Clerk shall notify the Department of Highway Safety and Motor Vehicles [Department] within 10 days of such failure. Immediately after that notification the Department will issue a suspension notice to the driver that takes effect 20 days after the date of the letter. Additionally, if the driver fails to appear at a scheduled hearing the Clerk will notify the Department with the same result. What we are talking about here is the letter that people receive telling them that "Hey! Guess what - your license is suspended effective on blah, blah date! Have a great day!" What the letter fails to state clearly is that there are options to the driver to "repair" the situation. But hey, the silver lining is that they noticed yo...

Lately, there has been some push-back on red light cameras in Florida. Two high ranking legislators want Florida to join 13 other states that ban camera enforcement. This comes after a Tampa Television News channel discovered that the state had, without comment, sneakily reduced the yellow light times to the minimum allowed by a new modified law. (See Noah Pransky).  Well get ready. These camera companies are about to out spend everyone to convince legislators to keep the cameras. They call it "educating" the representatives. It is actually large donations to re-election campaign funds.  The stronger the resistance the stronger the municipalities will argue for the cameras to stay. Why not - they are making millions. That would not be so bad if the municipalities were in business. They aren't - they represent us. Apparently, they believe we want them to pick our pockets.  90% of red light cameras come from cars that miss the light by less than half a second. A fraction...

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...

Year In Review, Looking Forward December 31, 2012 Red Light Cameras The Red Light Camera debacle continues in the state of Florida. Spurned on by greed (not "safety") the law is full of problems. Unfortunately, in our society it is money that sways justice rather than justice itself. The noble cause of freedom has long ago disappeared from the minds of our elected "representatives" (joke). The Red Light Camera contracts that were signed before any state law was enacted were based on the idea that a single municipality could derive revenue by creating it's own traffic laws within it's boundaries. The Fifth District Court of Appeal rightfully struck down this tack by the cities as being in violation of the "uniform" traffic law requirement. This reasoned decision was not enough for the cities that had jumped the gun with the implementation of the red light cameras. They have now asked the Florida Supreme Court to review the Fifth District...

There is a new crack down going on in Orange County! It is the failure to stop for a pedestrian in a crosswalk law ( s. 316.130 F.S. ) and local law enforcement is watching for it! Actually, They are doing a bit more... Actually, they are setting you up. They have a plain clothes police officer standing at the ready to step out into the crosswalk as you approach. Once you are close, the undercover cop steps out and a marked unit is ready to pull you over if you do not hit your brakes. Why is this happening... Central Florida has the reputation of the most dangerous streets for pedestrians and the local governments have made it a priority to do something about it. Well, this is what they have come up with.  Is it entrapment? "But for" the actions of the plain clothes police officer the infraction would not have occurred - right? The Cost The fine for this ticket is $166. It is considered a moving violation and points will be assessed if you just pay the fine.

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...

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...

Young dumb prosecutors that think its okay to "adjudicate" people at arraignments and public defenders that think a misdemeanor adjudication has no ramifications. First time offenses should always be a "withhold of adjudication" unless prohibited by law. Misdemeanors, in general, should be withholds. Adjudications of guilt in misdemeanor cases impact lives. Realize this.   Eric J Dirga is an Orlando Criminal and Traffic Defense Attorney that prepares, files, and represents people who want to seal or expunge their criminal records.

Recently, the Orange County (Florida) government announced that they will increase the number of Red Light Cameras from 10 to 50 in the near future. (See Orlando Sentinel ). The argument FOR these cameras is that it discourages red light running and, thus, increases safety. The County better hope not. The installation costs are in the millions and the lease rate is $4,750.00 per month, per camera. These cameras cost the municipality $4,750.00 per month. They are bilking us for way more. The Orlando Sentinel, no longer an objective newspaper - rather a political rag, has taken sides in this issue and is squarely behind the installation and the bilking of Orange County residents and visitors for money. They tout that "[t]he move is a dramatic expansion from the 10 cameras already mounted at some of the county's more crash-prone thoroughfares ." I dare them to look at the crash statistics for these intersections and those without cameras. Yes, with the expansion, ev...

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...

We have been fighting the Red Light Camera tickets here in Orlando, Florida, over the past year and we have been very successful.  When I write "we" I am referring to the 3-5 attorneys in this area that have made a concerted effort to defeat these citations. After repeated hearings and the attempts by the the municipalities to have their evidence conform to the rules it is slowly but surely becoming evident that the method of "conforming" to the rules may not be so genuine.  I'm referring here to the companies that install the red light cameras and must produce the evidence needed to prove the infraction (not the municipalities themselves). When theses companies have run up to an evidentiary obstacle in one case it seems as if they go back on all pending cases and try to "conform" their evidence to overcome the obstacle.  This has created some interesting results that, as of right now, we have not had to use against them.  It is going to be interesti...

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...