The Law in Plain English ➪ Jupiter ➪ West Palm Beach ➪ Boca Raton ➪
Traffic Attorney Josh LeRoy discusses:

Traffic Tickets & Related Charges

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Contents

If your license is subject to suspension as a result of the accumulation of traffic violation points, or if there is a citation you received that you want to challenge, you need a West Palm Beach Traffic Ticket Attorney.

You can call me to schedule a free consultation in my office or by phone. I will help you (1) understand the point system and how it is working against you, (2) explore possible ways of defending your case, and (3) receive answers to any questions you may have. In other words, the purpose of the consultation is to give you knowledge, and so, power, to fight against the State’s prosecution.

It is important that you know your rights so you can protect your rights! I am here to help you do exactly that. A few charges that fall in the traffic ticket category include, but Are not limited to, the list below.

What should I know about the Traffic Violations And Point System (F.S. 322.27) before hiring a West Palm Beach Traffic Ticket Attorney?

Florida law has established a point system for keeping track of a driver’s accumulation of convictions for violation of the state’s traffic laws. For example, if you are convicted of speeding less than 15 miles per hour above the posted limit, the State will penalize you by assigning 3 points to your record. If convicted of speeding more than 15 miles per hour, the State will assign 4 points to your record.

Traffic Violations And The Point System, Florida Statutes S.322.27
Traffic Violations And The Point System, Florida Statutes S.322.27

According to the point system, if you accumulate 12 points within a 12-month period, your license can be suspended, but not for more than 30 days.

If you accumulate 18 points within an 18-month period, your license can be suspended for up to 90 days. Keep in mind that the calculation of the 18 points includes the first 12 points for which your license may have already been suspended. In other words, if you accumulate 18 points within an 18-month period, your license can be suspended once for up to 30 days for the first 12 points, and then once you reach or exceed 18 points, your license can be suspended a second time for up to 90 days.

If you accumulate 24 points within a period of 36 months, your license can be suspended for up to 1 year, even if it has already been suspended for up to 30 days when you accumulated 12 points, and even if has already been suspended for up to 90 days when you accumulated 18 points.

The point of all these points is that, in addition to driving defensively, and in compliance with the traffic laws, it may become very important for you to consult with a lawyer in order to question whether a citation you received should be challenged.

What should I know about Commercial Driver’s License Violations (F.S. S.322.03, S.322.53, S.322.54) before hiring a West Palm Beach Traffic Ticket Attorney?

Florida law prohibits a person from having more than one valid driver’s license. Hence, a person in Florida cannot obtain a commercial driver’s license before he surrenders all driver’s licenses issued to him or her by any other states or jurisdictions. Moreover, to obtain a commercial driver’s license in Florida, a person must be a resident of the state. Commercial driver’s licenses are divided into three classes: Class A, Class B, and Class C, according to designated weight restrictions.

Commercial Driver’s License, Florida Statutes S.322.03, S.322.53, S.322.54
Commercial Driver’s License, Florida Statutes S.322.03, S.322.53, S.322.54

What defense would a West Palm Beach Traffic Attorney use for driving a commercial motor vehicle without a commercial driving license ticket?

The law in Florida exempts certain drivers from the requirement of obtaining a commercial driver’s license. This class of exempt drivers includes people who drive emergency vehicles, drivers of recreational vehicles, and soldiers driving vehicles operated for military purposes.

In addition, if you were charged with unlawfully driving without a commercial driver’s license, you may have a strong defense if the police officer who stopped you himself violated the law that restricts when, and under what circumstances, an officer can stop drivers. These violations, you might be surprised to know, occur relatively often.

What are the penalties for driving a commercial motor vehicle in Florida without having obtained a commercial driver’s license in Palm Beach County?

Driving a commercial motor vehicle after one’s commercial driver’s license has expired for less than 30 days is only a non-moving violation. Otherwise, driving a commercial motor vehicle in Florida without the proper license is a 1st degree misdemeanor, punishable by penalties ranging from a term of probation up to one year in the county jail.

Do I need a Traffic Ticket Attorney for a Driving Too Slowly Violation (F.S. S.316.183)?

A person who drives too slowly on the highway, when all the other cars are traveling at a lawfully higher speed, can endanger the safety of others. The controlling rule in Florida is that, when traveling on any major highway consisting of at least four lanes, the minimum speed at which a driver may lawfully travel is 40 miles per hour. But Florida law includes an exception to the rule: when the posted speed is 70 miles per hour, the minimum speed at which one may drive is 50 miles per hour.

What type of defense would a Traffic Attorney you for a charge that you were driving too slowly?

Driving Too Slowly, Florida Statutes S.316.183
Driving Too Slowly, Florida Statutes S.316.183

You cannot be lawfully convicted of driving too slowly if you can show that mechanical failure, or threatened mechanical failure, required you to slow your car’s speed to avoid danger to yourself or others. Another defense to the charge of driving too slowly may be found in a defective or inadequately maintained police radar gun or other device used to measure vehicular speed. A driver has an additional defense to driving too slowly if he can, through sound evidence such as his own testimony, show that he or she became ill while driving, and needed to slow down in order to maintain safe control of the vehicle as he looked for an exit or place to pull off the highway.

Though driving too slowly is not a criminal offense, being stopped by a police officer may lead to a roadside detention if not also a search of the driver, passengers, and vehicle. These potential events can result in serious criminal charges. Consequently, successfully challenging the charge of driving too slowly can be important to disproving criminal allegations that result from the stop.

What are the penalties for driving too slowly in Palm Beach County?

Driving too slowly in Florida is a non-criminal traffic infraction, punishable as a moving violation as provided in Chapter 318.

Can Florida Suspend My License Upon Conviction in Another State? (F.S. 322.24)

The State of Florida will suspend your license, “upon conviction in another state.—The department is authorized to suspend or revoke the license of any resident of the state, upon receiving notice of the conviction of such person in another state or foreign country of an offense therein which, if committed in this state, would be grounds for the suspension or revocation of his or her license.”

How can a West Palm Beach Traffic Ticket Attorney help me with a Driving While License Suspended Violation (F.S. 322.34)?

Driving While License Suspended is a very common charge in Palm Beach County. Driving is a necessity in Palm Beach County, which is one of the largest counties in the State. It is nearly impossible to get around this county without driving.

There are a myriad of reasons that your driving license was suspended or revoked. Some of those reasons include, forgetting to pay a traffic infraction, missing traffic court, failing to renew your insurance, falling behind on child support, failing to pay court costs, and/or being convicted of certain crimes. Most people don’t realize that a conviction in Florida for a drug offenses includes a mandatory driver’s license revocation.

Often people only learn of the suspension when stopped by a police officer who runs the license number. Knowledge of the license suspension/revocation is the difference between a civil infraction and a criminal charge. A person driving with a suspended or revoked license that is unaware of that suspension/revocation is only liable for a civil infraction, not the criminal charge. A civil infraction is only punishable by a fine, whereas the criminal charge is punishable by incarceration.

The punishment for driving while license suspended or revoked can be enhanced based on the number of previous convictions. The first charge for knowingly driving while license suspended/revoked is a second degree misdemeanor, the second one is a first degree misdemeanor, and the third or subsequent can be a felony charge. Not to mention that being convicted of three driving while license suspended or revoked charges, including the civil infraction, within a 5 year period of time will make you a Habitual Traffic Offender. Upon being labelled as such, the DHSMV will then revoke your license for five (5) years.

We are skilled at working with clients to clean up their driving records and get their driving privileges reinstated. We know how to help people restore their licenses. Then upon clearing up the licenses, we can usually get the charges dismissed.

If you have a suspended or revoked license we may be able to help you get your license back.

Is there a quick fix for a suspended license?

I wish I could say that there is, I try to make it as simple and painless as possible. However, you will then need to consult with the DMV, who aren’t always aware of the laws, and will likely steer you in the wrong direction. It is advised to hire a lawyer who is educated in criminal defense.

Driving While License Suspended – F.S. 322.24
Driving While License Suspended – F.S. 322.24

If I have a Driving on a Suspended Driver’s License case, are there defenses a Traffic Attorney can use to help me win?

There are, but your best course of action is to hire a lawyer who knows what they’re doing. It is easy to take a wrong turn. Know that you always have a right to remain silent, you shouldn’t admit guilt to any accusations.

Can I just plea to the charge of driving on a suspended driver’s license without the expense of a Traffic Attorney?

It is not advised to admit guilt before you consult with your lawyer. It is their job to make sure you come out with the least amount of damages to your current life; and defend you whenever possible.

Is there a quick fix for a suspended license?

I wish I could say that there is, I try to make it as simple and painless as possible. However, you will then need to consult with the DMV, who aren’t always aware of the laws, and will likely steer you in the wrong direction. It is advised to hire a lawyer who is educated in criminal defense.

If I have a Driving On A Suspended Drivers License case, are there defenses a West Palm Beach Traffic Attorney can use to help me win?

There are, but your best course of action is to hire a lawyer who knows what they’re doing. It is easy to take a wrong turn. Know that you always have a right to remain silent, you shouldn’t admit guilt to any accusations.

Can I just plea to the charge of driving on a suspended driver’s license without the expense of an attorney in Palm Beach County?

It is not advised to admit guilt before you consult with your lawyer. It is their job to make sure you come out with the least amount of damages to your current life; and defend you whenever possible.

What is an example of a defense to charges of driving while one’s license is suspended or revoked?

The law in Florida limits the circumstances under which a police officer can stop a person when he or she is driving. As a result, if an investigation of the terms under which you were stopped finds the police officer did not stop you lawfully, then any evidence that you were driving while your license was suspended or revoked may be subject to “suppression,” that is to say, being excluded by the judge or jury in determining your guilt.

Similarly, when prosecuting you the offense, the State must prove that you “knowingly” drove when your driver’s license was suspended or revoked. Therefore, if the State did not provide you with advance notice of the cancelled status of your license, or if you can prove that, for events outside of your control, you never received such notice, your case should be dropped, dismissed, or it should result in your acquittal.

What are the penalties for driving while one’s license is suspended or revoked?

Knowingly driving while one’s license is suspended, revoked, or canceled, upon the first conviction, is a 2nd degree misdemeanor, subjecting the defendant to a range of penalties from a term of probation up to 60 days in the county jail.

Florida law classifies a second conviction of the offense as a 1st degree misdemeanor, subjecting the defendant to a range of penalties from a term of probation to up to one year in the county jail.

Upon a third conviction, the defendant, first of all, must serve a minimum of 10 days in jail. If the third conviction is based on the underlying charge of either (a) driving under the influence of alcohol or drugs, (b) refusing to submit to a breath-alcohol, urine, or blood-alcohol test, (c) committing a traffic offense that caused death or serious bodily injury, or (d) fleeing or elude, Florida law classifies that third conviction as a 3rd degree felony, subjecting the defendant to a range of penalties from a term of probation up to 5 years in prison.

Driving after being designated a “habitual traffic offender” is also classified as a 3rd degree felony, as is driving with a suspended, revoked or cancelled license that results, because of careless or negligent operation of the vehicle, in serious bodily injury or death. As explained above, conviction for a 3rd degree felony subjects the defendant to penalties ranging from a term of probation up to five years in prison.

Related Cases

CASE: CAUGHT DRIVING WITH SUSPENDED LICENSE

  • The Incident: The client’s license was suspended for multiple DUI convictions.
  • The Accused: The client was originally offered a county jail sentence. Typically, the State Attorney requires at least 30 days in jail for driving with a suspended license when it is suspended for a DUI conviction; the client had two prior DUI convictions.
  • The Charges: Driving with License Suspended.
  • The Evidence: The police responded to the neighbor’s apartment as the evidence pointed that someone therein committed the crime. After speaking with the client’s nephew, the police obtained a large amount of the victim’s property from inside of the apartment where the client was staying. The client later confessed to the crime.
  • My Counsel & Defense: Plead to Judge and sentenced to just pay court costs. When the State refused to negotiate off of a jail sentence, my client plead open to the Court. The State wanted him to serve 30 days in the Palm Beach County Jail.
  • The VERDICT: The Judge sentenced the client to just pay court costs, with no jail time.

related laws:
Driving Under Influence (DUI)

Driving Without A License, No Valid Driver’s License And Driving With An Expired License (F.S. 322.03, 322.065, 318.18)

In this one subject, Florida law is straightforward and clear: “a person may not drive any motor vehicle upon a highway in this state unless a person has a valid driver license.”

What types of defense would a good West Palm Beach Traffic Ticket Attorney use for charges of driving without a license, or with an expired license?

Driving Without A License, No Valid Driver’s License And Driving With An Expired License, Florida Statutes S.322.03, S.322.065, S. 318.18
Driving Without A License, No Valid Driver’s License And Driving With An Expired License, Florida Statutes S.322.03, S.322.065, S. 318.18

If stopped by a police officer while driving and, although you have a valid driver’s license, you do not have the license with you because you left your wallet home, the officer will probably still give you a ticket. But you can have the case dismissed by simply going to the courthouse, and showing your license to the clerk of the court. (If your license was lost or stolen, you can order a replacement from the Department of Motor Vehicles.)

If you are charged with driving with an expired license, you may still win the case against you if the police officer
stopped you in violation of the law that regulates police conduct. (Such errors by police officers occur more often than you might think.)

What are the penalties for driving without a license, or with an expired license in Palm Beach County?

Driving without a license, also known under the law as “No Valid Driver’s License” is a second-degree misdemeanor, subjecting the accused to a range of penalties from a term of probation up to sixty days in jail. But in reality, the State commonly prefers to resolve the matter by having the defendant obtain a valid license.

Driving with a license that expired six months or less is only an infraction for which a small fine must be paid. If more than six months have passed since the license expired, the offense is a second-degree misdemeanor, subjecting the accused to a range of penalties from a term of probation to 60 days in jail. However, the State may, depending on the driver’s history, to resolve the matter in a less harsh manner.

Do I need a Traffic Ticket Attorney for an Expiration Of Vehicle Registration ticket (F.S. 320.07)?

The ownership of cars, trucks, and other motor vehicles must be registered in Florida, and the same registration must be periodically renewed. In addition, proof of a vehicle’s registration must be displayed by the vehicle’s license plate or by validation stickers.

Expiration Of Vehicle Registration, Florida Statutes S.320.07
Expiration Of Vehicle Registration, Florida Statutes S.320.07

What defense would a Traffic Attorney use for the charge that the vehicle you were driving was not properly registered?

If you have been charged with having failed to timely renew your car’s registration, (the deadline being midnight of your birthday), Florida law allows you a kind of grace period that lasts until the last day of the month in which you were born. For example, if your car’s registration expired at midnight on your birthday, January 10th, Florida law allows you, without penalty, to renew the registration by January 31st. Similarly, if the vehicle in question was, at the time of the citation, operated under a lease agreement of 30 days or less, the charge is invalid and Florida law requires the citation to be dismissed.

What are the penalties for failing to register, or failing to renew registration, of one’s vehicle in Palm Beach County?

Florida law classifies a vehicle’s registration that has been expired for 6 months or less as a non-criminal traffic infraction, punishable as a non-moving violation as provided in Chapter 318.

If a vehicle’s registration, for a first offense, has been expired for more than 6 months, the offense is considered a non-criminal traffic offense, and the owner must produce proof of compliance in the form of a valid registration certificate.

Florida law classifies a second offense that a vehicle’s registration has been expired more than 6 months as a 2nd degree misdemeanor, subjecting the car’s owner to a penalty ranging from a term of probation to up to 60 days in jail.

Can a West Palm Beach Traffic Ticket Attorney can help you with Failure To Yield Right-of-way Violations (F.S. 316.121, 316.123)

Florida law sets forth the rules drivers must follow when approaching or entering an intersection.  Specifically, a driver approaching an intersection must yield the right-of-way to vehicles which have already entered the intersection from a different road or direction. When two vehicles reach an intersection from different directions at the same time, the driver who is on the left is required to yield the right-of-way to the vehicle on the right.

Failure To Yield Right-of-way , Florida Statutes S.316 121, S.316.123
Failure To Yield Right-of-way , Florida Statutes S.316 121, S.316.123

Similarly, when approaching a yield sign, a driver must yield the right-of-way to any vehicle already in the intersection, as well as to any vehicle approaching from another direction so closely as to present an immediate danger.

What defense would a Traffic Attorney use for a charge of failing to yield the right-of-way?

If, upon approaching an intersection at the same time as another driver, and the vehicle to your right, that otherwise would have the right-of-way, appeared to be stalled or otherwise non-operative, then if you proceed without waiting further, you cannot, by any reasonable measure, be found guilty of failing to yield the right-of-way.

What are the penalties for failing to yield the right-of-way in Palm Beach County?

Failing to yield the right-of-way is a non-criminal traffic infraction, punishable as a moving violation, with a small fine, as provided in chapter 318.

What are Improper Lane Changes: (F.S. 316.085)?

Improper Lane Change, Florida Statutes S.316.085
Improper Lane Change, Florida Statutes S.316.085
Before changing lanes when driving on Florida’s roads and highways, the law requires you to confirm the existence of certain conditions: Before driving to the left of the center lane on a road that provides for traveling in opposite directions, you must confirm that the left side is (a) clearly visible, and (b) sufficiently free of vehicles to allow you to pass without interfering with any oncoming traffic. If you enter a lane authorized for vehicles traveling in the opposite direction, you must be sure to return to your initial lane of travel as soon as practicable, and before coming within 200 feet of any approaching vehicle.

What is an example of a defense to charge of failing to change lanes properly?

If you can show that, from the officer’s vantage point, the officer could not have seen the events that he
alleged, you can succeed in having the case against you dismissed.

What are the penalties for failing to change lanes properly?

A violation of the law prohibiting improper lane changes is a noncriminal traffic infraction, punishably by a fine, under Chapter 318.

What should I know about a Minor Driving Without A License ticket (F.S. 322.091, 322.09(2)) before hiring a West Palm Beach Traffic Ticket Attorney?

Under Florida law, a child under the age of 18, is not eligible to obtain a driver’s license unless he or she is (A) enrolled in, or graduated from, high school; or (B) a recipient of an exemption under Florida law; or (c) has been issued a hardship waiver. It is important to note that the adult who signs a minor’s application for a driver’s license is liable for any damage attributed to negligence or willful misconduct by the minor when driving.

What example defense would a Traffic Attorney use for the charge of a minor driving without a license?

Minor Driving Without A License, Florida Statutes S.322.091, 322.09(2)
Minor Driving Without A License, Florida Statutes S.322.091, 322.09(2)

If a police officer stops a minor while he or she is driving, and the officer’s basis for making the stop was not lawful, the minor, if properly represented by his or her attorney should be able to have the case dismissed. As an example, if a police officer stops a minor for not using his or her turn signal, and no other traffic was affected, the stop is an unlawful one, and the information consequently obtained about the minor’s lack of a driver’s license is not admissible in court.

What are the penalties for a minor driving without a license?

The penalties to which a minor is subject for driving without a license are the same as those to which adults are subject. However, in practice, the State may agree to drop the charge if the minor fulfills the necessary requirements and obtains a license.

Do I need a West Palm Beach Traffic Ticket Attorney for Move Over Law Traffic Violations (F.S. 316.126)?

Florida law requires that, upon the immediate approach of an ambulance or fire truck with the vehicle’s emergency lights flashing and/or siren turned on, you must yield the right of way to the vehicle, and move as reasonably close to the edge of the nearest curb. You must then stop, and remain stopped, until the ambulance or fire truck has passed.

Move Over Law, Florida Statutes S.316.126
Move Over Law, Florida Statutes S.316.126

In addition, upon approaching (1) a stopped ambulance or fire truck with its lights flashing, or (2) a stopped garbage truck in the process of collecting trash, or (3) a utility service truck performing roadside utility work, or (4) a tow truck with rotating or flashing lights, you must vacate the lane closest to the vehicle driving on an interstate highway or highway with two or more lanes. If you cannot do so safely, you must decrease your speed to 20 miles per hour less than the speed limit if posted at 25 miles per hour or greater. When the posted speed limit is 20 miles per hour or less, or when driving on a two-lane road, you must reduce your speed to 5 miles per hour.

What typical defenses would a Traffic Attorney use for violating the Move Over law?

A driver may be charged with violation of the Move Over law as the consequence of a traffic accident. However, one defense in such circumstances, or even if no accident occurs, is that Florida law requires the driver of the ambulance or fire truck to drive “with due regard for the safety of all persons using the highway.”

If your alleged failure to comply with the requirements of this law resulted from the emergency vehicle’s failure to drive with appropriate caution, then you may be able to have this charge dismissed.

What are the penalties for violating the Move Over law in Palm Beach County?

A violation of the Move Over law is anoncriminal traffic infraction, punishable by a fine, under Chapter 318.

What should I know about a No Motorcycle Endorsement ticket (F.S. 322.03, 322.57, 316.2085) before hiring a West Palm Beach Traffic Ticket Attorney?

In Florida, the law prohibits you from operating a motorcycle unless your license includes a specific endorsement authorizing you to do so.

What defenses would a Traffic Attorney use operating a motorcycle without the required endorsement?

No Motorcycle Endorsement, Florida Statutes S.322.03, 322.57, 316.2085
No Motorcycle Endorsement, Florida Statutes S.322.03, 322.57, 316.2085

Probably the strongest defense to the charge of operating a motorcycle without the necessary endorsement can be found in those cases in which the police officer, in stopping the cyclist, did not comply with the law that regulates the actions of law enforcement.

For example, let’s say the officer stopped you because, based on his radar gun, he claims you were speeding. Then, in issuing you a ticket, he determined your driver’s license did not display the required motorcycle endorsement.

But if the officer’s radar gun had not been properly maintained as required by Florida law, then the officer’s action, in stopping you, violated the law. Therefore, not only could the judge not find you guilty of speeding, the judge would have to dismiss the charge of operating a motorcycle without the required endorsement because the police officer’s action in stopping you was unlawful. The same principle applies to other ways in which a police officer might fail to follow the law that regulates his or her actions.

What are the penalties for violating the law that prohibits operating a motorcycle without an endorsement on one’s license?

Florida law classifies operating a motorcycle without the appropriate endorsement as a 2nd degree misdemeanor, punishable by penalties ranging from a term of probation or up to 60 days in jail.

Why hire a West Palm Beach Traffic Ticket Attorney for No Passing Zones Moving Violations (F.S. 316.0875)?

Florida law gives the Department of Transportation the authority to designate certain sections of roadway as “no-passing” zones, areas in which overtaking and passing other vehicles, or driving to the left of the roadway, would be especially hazardous. If a driver fails to observe signs that prohibit passing in these areas, the driver may be found guilty of a noncriminal traffic violation.

No Passing Zones, Florida Statutes S.316.0875
No Passing Zones, Florida Statutes S.316.0875

What is an example of a defense to charge of passing in a no-passing zone?

If you have been charged with violating the prohibition against passing in a no-passing zone, you can win your case by showing the sign forbidding such conduct was not clearly visible to drivers. Such obstructions occur when a sign is covered by such things as a tree branch or the overgrowth of foliage. A sign prohibiting passing may also not be clearly visible if, as the result of a prior collision, the sign is not properly facing the drivers it was meant to inform. Similarly, if another car is stalled or broken down, and so, blocks drivers to the rear from advancing, it is not a violation of law to pass the stalled vehicle by carefully moving to the left.

What are the penalties for passing in a no-passing zone in Palm Beach County?

Violation of the law prohibiting passing in a no-passing zone is a noncriminal traffic infraction, punishable by a fine.

What should I know about Permitting An Unauthorized Person To Drive (F.S. 322.36) before hiring a West Palm Beach Traffic Ticket Attorney?

The law in Florida prohibits you from, and will punish you for, allowing someone else to drive your car when that person does not have a driver’s license. It does not matter whether you own, leased, or borrowed the car.

What defenses would a Traffic Attorney use for Permitting An Unauthorized Person To Drive?

Permitting An Unauthorized Person To Drive, Florida Statute S.322.36
Permitting An Unauthorized Person To Drive, Florida Statute S.322.36

If you allowed a person without a driver’s license to drive your car in a large, open parking lot, or on a private road, you may be able to move to dismiss the case because the law prohibits one from allowing an unlicensed person to drive his or her car on “any highway or public street.” Because neither a parking lot nor a private road is a highway or public street, a police officer’s charge that you illegally permitted an unauthorized person to drive, under these circumstances, would probably be unlawful.

Perhaps a more common defense can be developed if the arresting officer did not himself obey the law that regulates when, and under what circumstances, he is allowed to stop a driver. So, even it is true that you did allow an unlicensed person to drive your car, if the arresting officer used false or mistaken grounds to stop the car, you will be in a strong position to move for dismissal of the case before trial, or for acquittal if the case goes to trial.

What are the penalties for Permitting An Unauthorized Person to Drive?

Florida law classifies Permitting An Unauthorized Person To Drive as a 2nd degree misdemeanor punishable by penalties ranging from a term of probation up to 60 days in jail. In addition, if you have knowingly loaned your car to a person whose license was suspended, and the person is involved in an accident resulting in bodily injury or death, your driver’s license will be suspended for one year.

Can a West Palm Beach Traffic Ticket Attorney help me with Red Light Camera Offenses (F.S. 316.0083, 316.074(1), 316.075(1)(C))?

Florida law requires motorists to stop their vehicles when approaching a red light. Supplementing enforcement of the law by police officers, many cities have, at intersections, installed digital cameras that record drivers when they fail to stop as required by law.

Red Light Camera Offenses, Florida Statutes S.316.0083, S.316.074(1), S.316.075(1)(C)
Red Light Camera Offenses, Florida Statutes S.316.0083, S.316.074(1), S.316.075(1)(C)

What is an example of a defense to charges, based on images from a digital camera, that a driver failed to stop at a red light?

Intersection digital cameras videotape cars as they unlawfully proceed through red lights; the lenses of these cameras are not fine enough to videotape the faces of the respective drivers. Therefore it is possible, and indeed commonly occurs that, someone other than the registered owner of the car was responsible for the infraction caught on videotape.

The owner of the vehicle can have the charge against him dropped by preparing and submitting a sworn affidavit that, at the time of the infraction, the car was being driven by someone else. It is also a defense to the charge of failing to stop a red light if you did so in order to yield the right of way to an emergency vehicle. In addition, because the installation of digital cameras as intersections is relatively new, there are on-going challenges to the validity of the law that may provide additional defenses to the charge.

What are the penalties for failing to stop at a red light?

Failing to stop at a red light is a noncriminal, moving violation, punishable by a fine and the assessment of points on one’s driving record.

Can a West Palm Beach Traffic Ticket Attorney help me with Stop Sign Violations (At An Intersection, F.S. 316.123)?

When approaching an intersection posted with a stop sign, a driver must stop at a clearly marked stop line. If no such line is present, the driver must nevertheless stop before entering the immediate crosswalk. If no immediate crosswalk is present, the driver must stop at the point nearest the intersecting roadway before entering the intersection.

Stop Sign Violations At An Intersection, Florida Statutes S.316.123
Stop Sign Violations At An Intersection, Florida Statutes S.316.123

After the driver stops, he or she must yield the right-of-way to any car that has entered the intersection from another highway, or that is approaching the intersection so closely as to create a hazard should the driver continue to move across or into the intersection. At a four-way intersection, the first car to stop has the right-of-way to proceed, and if two cars reach the intersection simultaneously, Florida law requires the driver to the left to yield to the right-of-way to the driver on the right.

What defenses can a Traffic Attorney use if one failed to stop at a stop sign located at the entry to an intersection?

If, when approaching an intersection, you are, by a police officer, or by a traffic control signal, directed to proceed forward, then you cannot be lawfully convicted of failing to stop at the stop sign. Similarly, if yielding the right-of-way to an emergency vehicle with its lights flashing or sirens sounding, prevented you from safely stopping, then you have a defense that you failed to stop as otherwise required by law.

What are the penalties for failing to stop at a stop sign located at the entry of an intersection?

Failing to stop at an intersection stop sign is a non-criminal traffic infraction, punishable by a moving violation as provided in Chapter 318.

What should I know about a Stopping For School Buses ticket (F.S. 316.172, S.318.19) before hiring a West Palm Beach Traffic Ticket Attorney?

When driving in Florida, you need to pay particular attention to school buses. If you approach a school bus displaying a stop signal, Florida law requires the driver to bring his car to a full stop. In addition, it is prohibited to pass the bus until the stop signal is withdrawn.

Stopping For School Buses, Florida Statutes S.316.172, S.318.19
Stopping For School Buses, Florida Statutes S.316.172, S.318.19

What defense can a Traffic Attorney use for someone failing to stop for a school bus?

The law imposing the duty on drivers to stop for a school bus does not apply when one is traveling in the opposite direction of a school bus on a highway that’s divided by a raised median, a physical barrier, or an unpaved space of at least 5 feet.

In addition, a driver’s failure to stop as required by the law may be excused if, though sound evidence, it can be shown that the driver of the school bus, before discharging or admitting passengers, failed to timely display the vehicle’s warning lights and stop signals, or failed to stop as far to the right of the street as possible.

What are the penalties for failing to stop for a school bus?

Failing to stop for a school bus is a moving violation, punishable as provided in Chapter 18. However, unlawfully passing a school bus is not only a moving violation; the offense also mandates the driver to appear at a scheduled hearing.

Can a Traffic Ticket Attorney help me with a Tailgating ticket (F.S. 316.0895)?

Florida law requires that, when following another car, you drive reasonably, and with prudence. In other words, the law prohibits you from driving so closely behind another vehicle that, relative to the other car’s speed, the traffic, and the condition of the road, you create a risk or danger of an accident.

What defenses would a West Palm Beach Traffic Attorney use for charges of following too closely?

Tailgating, Florida Statutes S.316.0895
Tailgating, Florida Statutes S.316.0895

The law prohibiting drivers from following too closely is defined in terms of three specific, external elements: (1) the speed of the car in front of you; (2) the traffic; and (3) the condition of the road. In other words, the occurrence of the offense is commonly based, not on objective criteria, but on the subjective judgment of the police officer. And the officer’s judgment may have been consciously or unconsciously biased in favor of writing the ticket or stopping you.

Therefore, if you can persuade the judge, with sound evidence, that the speed at which you were following the other vehicle, under the specific conditions, was sufficiently slow as to avoid the danger of a collision, you may succeed in having the ticket dismissed.

What are the penalties for following too closely?

Following too closely is a non-criminal traffic infraction, punishable as a moving violation as provided in Chapter 318.

Texting While Driving is Dangerous! (F.S. 316.305)

When you drive in Florida, you are prohibited by law from manually composing, sending, and receiving text messages. The law draws no distinction between those messages sent by text and those sent via email or any similar program.

Texting While Driving, Florida Statutes S.316.305
Texting While Driving, Florida Statutes S.316.305

How would a Traffic Ticket Attorney defend me from the charge of texting while driving?

If an officer issues you a citation for texting while driving, and your car was stationary at
the time, the officer’s charge against you must be dismissed. In addition, the Florida Legislature has included many exemptions to this law. For example, you are exempt from application of this law if you send text messages to report an emergency or criminal activity. You are also exempt from this law if you receive text messages related to the operation or navigation of your car, or if you receive messages that contain safety-related information such as traffic or weather alerts.

In addition, the law specifically requires police officers to inform drivers of their right to refuse a search of their phones, and any consent a driver gives for such a search must be “voluntary and unequivocal.” Absent such consent, officers are prohibited from searching the contents of one’s phone without a warrant. Neither may the police confiscate your phone while they apply for a warrant.

What are the penalties for violating the law that prohibits texting while driving in Palm Beach County?

Violation of the law that prohibits composing, sending, and receiving text and email messages is a non-criminal traffic infraction, punishable as a non-moving violation as provided in chapter 318. However, a second or subsequent violation within 5 years of a prior conviction, is punishable as a moving violation.

Can a West Palm Beach Traffic Ticket Attorney help me with Toll Violations (F.S. 316.1001, 338.155)?

According to Florida law, driving through a toll facility without paying the required toll is a non-criminal traffic infraction. Although perhaps trivial on its face, conviction for failing to pay a required toll can result in the suspension of a person’s driver’s license, which can, in turn, cause a person to lose his or her job that requires driving.

What is an example of a defense to charges of a toll violation?

Toll Violations, Florida Statutes 316.1001, S.338.155
Toll Violations, Florida Statutes 316.1001, S.338.155

If you have been charged with a toll violation as the result of a malfunctioning toll booth machine, and there was no available attendant on duty, you may, with sufficient evidence, file a motion with the court to dismiss the charge against you. Similarly, if your car was stolen, or you were otherwise not the person driving the car identified as having passed through the toll facility without payment, you can, by filing the appropriate affidavit, successfully move for the citation to be dismissed.

What are the penalties for a toll violation?

Florida law punishes a toll violation with a fine. As a non-criminal infraction, one cannot be lawfully sentenced to any time in jail for the infraction. However, because the offense is classified as a “moving violation,” points may be assessed on one’s driving record.

Can a West Palm Beach Traffic Ticket Attorney help me with Florida Traffic Signal Device tickets (F.S. 316.075, 316.074)?

Did you ever wonder why you’ve never seen either a bright blue or neon orange traffic signal in Florida? It’s because Florida law limits traffic signal lights to “only” red, yellow, and green. And it’s the law, not just custom, that defines red as meaning stop, yellow as caution, and green as go.

Traffic Signal Devices, Florida Statutes S.316.075, S.316.074
Traffic Signal Devices, Florida Statutes S.316.075, S.316.074

What defense would a Traffic Attorney use for someone failing to stop timely at a red light?

Because Florida law requires the use of a yellow caution light between the red and green ones, the absence or malfunction of a yellow light may serve to excuse you from the charge that you failed to timely stop at a red light. Without the yellow warning light, a driver may be denied sufficient warning time to timely stop at the appearance of a red light.

Similarly, yielding to emergency vehicles with their lights flashing or sirens sounding, or alternatively, seeking to avoid danger created by another driver’s error, may also serve as a defense to the charge you failed to timely
stop at a red light or that you committed some other offense in violation of the directives of traffic signal devices.

What are the penalties for failing to obey the signals of a traffic control device?

Failure to obey the authority of traffic signal devices in Florida is a noncriminal traffic infraction, punishable as a moving violation as provided in Chapter 18.

What should I know about Unlawful Display Of A License Plate Traffic Violations (F.S. 316.605) before hiring a Traffic Ticket Attorney?

Florida law requires all cars, trucks, motorcycles, indeed, all vehicles driven in the state, to be licensed in the name of the owner. The license plate must be affixed to the rear of the vehicle, and must be plainly visible and legible at all times from 100 feet. The Florida Legislature has further