Violation of a Traffic Control Device in Florida

Whether you’re late for work or your foot is a little heavy on the gas when cruising around, traffic laws are some of the most commonly broken laws out there. Although it can seem like an inconvenience, traffic laws such as stopping at stop signs or speed limits are there to keep us safe. By enforcing them, police officers and other law enforcement agents are trying to keep the roadways, and the people on them, free from injury and property damage.

As a citizen in Florida, it is your responsibility to know and understand traffic laws, including those around traffic control devices. Understanding these laws, as well as your rights and duties, can help you drive within the law. It can also help you ensure that if you do receive a ticket or citation, the police officer is acting within his or her legal limits.

Traffic Control Device Basics in Florida

Florida law defines a traffic control device as any of the signs, signals, markings, and devices that are placed by a public body for the purpose of regulating, warning, or guiding traffic. So this basically means stop signs, speed limit signs, traffic lights, crosswalk signals, and railroad crossing signals, just to name a few. We encounter these devices every day, and while most of us typically obey them, there are cases when many do not.

According to Florida statute 316.074, any violation of a traffic control device is punishable by a noncriminal moving violation. Some of the most common examples of traffic control device violations include:

• Speeding
• Running through a stop sign or red light
• Failure to yield when indicated
• Illegal turns, or U-turns
• Ignoring flashing light indicators
• Disregarding temporary signs
• Driving or encroaching on a sidewalk or other pedestrian thoroughfare

If stopped by an officer and not let off with a warning, drivers may receive a ticket for a traffic control device violation. Typically, a violation will result in a fine as well as points on your driver’s license that could lead to suspension and eventually revocation. Another consequence is that car insurance rates for drivers with traffic violations on their record will increase.

Citizens will usually have the option to attend traffic school in order to avoid having the points placed on their license. This may not always be an option, as traffic school can only be attended once per year in Florida.

Sometimes, these cases are straightforward. For example, if someone knowingly and clearly runs a red light, is stopped by an officer, and receives a traffic control device ticket, it may be best to just pay the fine and take the points or attend traffic school.

Some situations are less clear. Traffic control devices can be poorly placed, or even contradictory. While carefully trained, law enforcement officers can also misinterpret moving violations they observe. It is important for citizens to fully understand their rights under the law and the restrictions of officers in order to avoid receiving unnecessary violations.

This is particularly true for drivers with a record who are at risk of license suspension or revocation, as well as younger drivers. In some situations, law enforcement may treat these cases differently than drivers without a record, whether intentionally or not. An attorney can help ensure that any driver is treated fairly under the law in accordance with their full legal rights.

How to Fight a Traffic Control Device Ticket

If you receive a traffic control device violation ticket and there is any doubt about its appropriateness or legality, legal counsel can help. Attorneys who specialize in traffic laws have a full understanding of these statutes and some of the most common mistakes and infractions that can occur.

Legal representation can help you defend against the ticket in court. This can mean reduced or even no fines, a clean driving record without attending traffic school, and avoiding increased insurance rates. The right attorney can help you be more educated about the law, and even become a safer driver in the long term.

How the Expert Lawyers at Hartpence Law Can Help

If you or someone you know has received a traffic control device violation, call the expert Hartpence Law legal team at (855) 680-4911. You can also schedule a free consultation. The highly experienced and skilled attorneys understand the laws and complexities of moving violations, including traffic control devices, and we know how to fully protect your legal rights.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.