Violation of Traffic Control Device Lawyer in Florida

Legal Consequences of Ignoring Traffic Control Devices

Violating a traffic control device is a noncriminal moving violation, but it carries significant consequences that can affect your driving record, finances, and driving privileges.

Fines

The primary legal consequence of ignoring a traffic control device in Florida is a fine, which varies by county but typically ranges from $100 to $300. For instance, a base fine for failing to stop at a traffic signal or stop sign is approximately $158, though additional surcharges and court fees may increase the total cost.

If the violation results in an accident or injuries, fines can escalate significantly, potentially exceeding $500, and further penalties, such as jail time, may be imposed in severe cases. Additionally, automated systems, such as red-light cameras, can capture violations, leading to automatic citations that contribute to the financial burden. Drivers have the option to pay the fine, attend traffic school, or contest the ticket in court.

We recommend retaining a skilled flat-fee traffic ticket lawyer to fight your ticket in court. Our Ticket Fighter lawyer will appear on your behalf and offer a strong defense to obtain a favorable outcome, including a potential case dismissal.

Driver’s License Points and Insurance Rate Hikes

Another significant consequence is the addition of three points to the driver’s license, as most traffic control device violations are considered three-point offenses in Florida. Accumulating points can lead to serious repercussions, including license suspension if a driver accrues 12 points within a year. For example, three points from a single violation can lead to higher insurance rates, as insurers view drivers with points as higher risk.

Repeated violations or a history of traffic infractions can also result in a license revocation, which can significantly affect your ability to work or commute. Attending traffic school, which is permitted once per year, can prevent points from being added; however, it requires time and additional fees, typically ranging from $25 to $60.

If you hold a commercial driver’s license (CDL), accumulating too many points on your driver’s license can negatively impact your professional driving career. Retain a traffic control device violation lawyer today if you have a CDL and have excessive traffic violations.

Potential Defenses Against a Traffic Control Device Violation

A traffic control device violation is only an allegation. Contesting your citation can help avoid fines, points, increased insurance rates, or license suspension. Our skilled traffic ticket lawyers know how to build a strong case and inject reasonable doubt into the allegation. Here’s how they may do so:

Obstruction or Visibility Issues

One common defense is that the traffic control device was not clearly visible or was obstructed, making it difficult or impossible for a driver to comply. Florida Statute §316.074(3) states that no provision requiring traffic control devices can be enforced if the device is not in proper position or sufficiently legible to an ordinarily observant person.

For example, a stop sign obscured by tree branches, faded paint, or poor lighting could make the sign impossible to see. Gather evidence, such as photos or videos of the obstruction, to present in court or give to your lawyer. This defense may lead to a dismissal if the court agrees that the device was not reasonably visible.

Device Malfunction or Improper Placement

Another defense involves proving the traffic control device was malfunctioning or improperly placed. For instance, a traffic light that is stuck on red or cycles incorrectly could confuse you and other drivers, leading to unintentional violations. Additionally, Florida law requires devices to conform to the Manual on Uniform Traffic Control Devices (MUTCD) and be approved by the Department of Transportation.

If a device was not officially authorized or placed without proper approval, it may be deemed invalid. A traffic ticket attorney at The Ticket Fighter can investigate whether the device met legal standards, potentially resulting in a dismissal.

Officer’s Discretion or Lack of Evidence

The vagueness of a traffic control device citation can sometimes be leveraged as a defense. Florida Statute §316.074 is a broad “catch-all” statute, and citations may not specify the exact violation (e.g., speeding vs. running a stop sign). This lack of clarity can be challenged, as it may prevent the driver from mounting a proper defense. Additionally, the officer must provide clear evidence of the violation, such as direct observation or camera footage. If the officer’s account is inconsistent or lacks proof, your skilled attorney may argue that the prosecution cannot meet the burden of proof, potentially leading to a dismissal.

Emergency or Necessity

You may argue that violating the traffic control device was necessary to avoid immediate danger. For example, swerving to avoid a pedestrian or another vehicle might cause a driver to run a red light or disregard a sign. This defense hinges on proving that the violation was a reasonable response to an imminent threat and that no safer alternative existed.

Additionally, Florida Statute §316.074(1) allows exceptions for authorized emergency vehicle drivers, so if the driver was operating such a vehicle under legal conditions, the violation may not apply. Courts typically require strong evidence, such as witness statements or video, to uphold this defense.

Police Officer’s Instructions

If a police officer directed you to disregard the traffic control device, this can serve as a valid defense. Florida law explicitly states that drivers must obey traffic devices “unless otherwise directed by a police officer.” For example, if an officer waved you through a red light during traffic management, the driver should not be penalized. To succeed, you must provide evidence, such as testimony or footage, confirming the officer’s instructions. This defense is straightforward but requires clear documentation to avoid a “he said, she said” situation.

Challenging Red Light Camera Violations

For violations captured by red light cameras, specific defenses may apply. Florida law governs camera-based citations, which are often classified as civil infractions rather than criminal offenses. Defenses include arguing that the camera malfunctioned, the photo does not clearly show you or your vehicle, or the citation was not issued within the required timeframe.

Additionally, if you were not driving at the time, you can submit a notarized statement identifying the actual driver. These technicalities can lead to dismissal, especially with the help of our Ticket Fighter Law Firm attorney.