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...

I started this post thinking that it should be relatively easy to explain when you can use the HOV lane in Florida. Instead, I have come away more frustrated with the law, lawyers, legislators, and any big government advocate out there. This is a classic example of bureaucratic "___________" (input word here). How Would You Write The HOV Law? Before we get into the baloney of how the Florida legislature wrote the HOV law, let's imagine that we wrote it or just imagine how you think it was written. With a little thought we would come up with something like: HOV means High Occupancy Vehicle and that type vehicle can be any vehicle that has a driver and at least one passenger. HOV Lane means a lane designated for use by an HOV. A designated HOV lane requires that any vehicle driven in that lane have at least 2 people in that vehicle. If there is only one person in the vehicle while driving in an HOV lane that person is breaking the law and if caught shall be issued...

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...

I unfortunately cannot answer all questions regarding Red Light Camera questions over the phone. Instead I'll ask everyone to ask the questions below in the comments' section. This way those with similar questions may find their question already answered.  Thank you.

March 4, 2013 I have been fighting red light camera tickets since 2010. Over the last two years it has become clear that there some very disturbing things going on with the red light camera cases and specifically the companies that have installed them. Before I go too far into this post I want to make sure my position is clear. Running red lights is one of the most hazardous things a person can do. The main cause for running a red light is speed - not texting or any other politically correct target of the day - it is speed. When a person drives over the speed limit they all think the amber light has been shortened to accommodate more camera tickets. It's not the time of the amber, it is the speed of the vehicle. Additionally, the cities and counties that are fighting to push these tickets through are just trying to do what is right, what they believe is their job to do. They are doing nothing wrong in the prosecution of these cases. However, they need to start looking at w...

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...

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 .

The saga of Drew Dyer seems to have come to an end. Drew was cited for careless driving, a civil infraction with a fine of $166 . According to the Sentinel, Drew ran a stop sign, lost control of his car, and ran it into the side of a house at a speed great enough to cause $20,000 worth of damage. Then, he and his friend(s), after making contact with the home owner but before police arrived, fled the scene. I am now working on the "Drew Dyer Motion to Dismiss." All future "Leaving the Accident Scene" cases will be asking the court to dismiss the case or reduce to careless driving. I like Buddy Dyer. I think he has been a good mayor for Orlando. Much better than Glenda Hood. I don't blame him for influencing the outcome of this case. I think any parent would. However, law enforcement failed miserably. They caved under pressure and that just upsets me. In order for the people to respect law enforcement they have to see integrity in their ranks. This will do not...

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...

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...

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...

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...