Florida Traffic Law

The Dash-Cam as an Answer to Everything When you receive a ticket that you are positive the police issued to you in error or you are in an accident that you are ticketed for but you think wrongly - you think "Dash Cam." The idea of the dash-cam usually passes through your mind after-the-fact. These little devices can be valuable since they can create evidence that can easily be introduced in court for your defense. Shortcomings and Longcomings of the Dash-Cam The problem with the dash-cam is two-fold. First, many people who get a dash-cam place it facing forward on their front windshield. This gives them a great forward but limited view. You may want to buy another dash-cam for the rear window. One thing you do not want to do is pull out a camera and start recording law enforcement after you have been stopped. Most Officers don't care about dash-cam recordings. They respect your ability to protect yourself and to prove them wrong (if they were wrong). However, wh...

Passing other vehicles while driving occurs every day. We do it or have it done to us each time we drive. This is a breakdown of this seemingly benign law. Keeping The Peace For whatever reason it seems that there are always people that want to go faster than you. You can be going less than the speed limit, the speed limit, or more than the speed limit and still someone has to get where ever it is they are going sooner than your driving rate will allow. Sometimes these people get upset or maybe it is just the way they drive. They tailgate you (prohibited under s.316.0895), driving seemingly only several inches from your rear bumper, or when they do pass they return to the lane you are in and come within inches of clipping the front end of your car. My solution is to put some sticker on the back end of your vehicle that will give the reader pause and think you just may be crazy but that won't work on the real crazies. All you can do is drive defensively. The Correct Wa...

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...

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...

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...

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...

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.

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...

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...

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