What is Violation of a Traffic Control Device?
Florida drivers may receive a ticket for violation of a traffic control device which can cover the following:
- Running a red light or stop sign
- Failure to yield at a yield sign
- Making an illegal U-turn
- Ignoring flashing lights
- Ignoring portable or temporary signs
- Encroaching on a sidewalk
- Infractions related to railroad crossings
In some cases, rather than issue a straight-out speeding ticket, a Florida officer may issue a Violation of a Traffic Control Device ticket as a means of going a little easier on the offender. As an example, if you were driving thirty or more miles above the speed limit—an offense which could garner huge fines and a potential suspension of your license—the officer might issue you a Violation of a Traffic Control Device ticket instead. This ticket adds three points to your driving record, rather than four, and lessens the possibility of having your license suspended. The base fine for Violation of a Traffic Control Device is $158.00, although depending on which county you live in, surcharges and additional fees may be added to that amount.
In some counties you could pay as much as $300 for a conviction for Violation of a Traffic Control Device, plus even though three points is better than four, it can still be serious, particularly if you prior points on your license. The Violation of a Traffic Control Device can be very vague, and may not even state what your speed was. This vagueness can actually be a gift in the hands of a competent attorney. Your attorney may say that since the officer was so vague regarding exactly what statute you violated, how will we defend you against an essentially unknown allegation? In some cases, a judge may dismiss on these grounds, but not all judges will do so.
How to Handle Your Ticket for Violation of a Traffic Control Device
As with speeding tickets for lower speeds, you basically have three options regarding your ticket for Violation of a Traffic Control Device. You can simply pay the ticket and accept the three points which will be added to your driving record, you can attend driving school and still be responsible for all the fines and fees, but avoid the points on your license, you can defend yourself before a judge, or you can hire an experienced Florida traffic ticket attorney to fight for you. While paying your ticket is surely the path of least resistance, the points on your license are no small matter. You are only allowed to attend driving school once per year, or a total of five times in your lifetime. While you will still pay the fines and fees, you will not receive the points on your driving record if you are eligible for—and complete—driving school.
You will have to take time away from your job, school or other responsibilities unless you can find an online course accepted by the state of Florida, and the course will cost $25-$60. You can argue your own case in front of the judge, but unless you are a gifted public speaker with lots of self-confidence, this method is unlikely to result in a positive outcome. You also have to have more than a passing knowledge of Florida laws pertaining to your ticket. Finally, you can speak to a knowledgeable Florida traffic ticket attorney who can challenge the police officer on a number of issues. Your attorney is likely very familiar with the court personnel, which will also work in your favor. Finally, your attorney is well-used to speaking in a courtroom, thinking fast on his or her feet, and has a solid knowledge of all laws pertaining to your case. Your chances of a favorable outcome for your ticket go up exponentially when you have an attorney by your side, fighting for your rights and your future.
Other Consequences for Violation of a Traffic Control Device
As with virtually any moving violation, your insurance rates may increase if you are convicted for Violation of a Traffic Control Device. If you have other convictions for moving violations, your insurance could be cancelled, leaving you with few options. While you may be able to obtain vehicle insurance from another company, the premiums may be so high that you cannot afford them, yet state law prohibits you from driving without vehicle insurance.
Why You Must Speak to a Florida Traffic Attorney
The attorneys of The Law Place are among the most experienced Florida traffic ticket attorneys, with over three decades of combined experience in helping clients just like you. We tenaciously fight your traffic ticket, in an effort to prevent any points from going on your driving record. We understand the long-term repercussions associated with traffic ticket convictions and will work hard for your future. We take your Violation of a Traffic Control charges very seriously and will work to ensure the least amount of fallout from this single mistake. The attorneys of The Law Place will always seek to have your traffic ticket dismissed, and if that proves to be unobtainable, we will negotiate for a lesser charge on your behalf. Call a knowledgeable The Law Place attorney today.
Florida Statutes Related to Violation of a Traffic Control Device
Florida Statute 316.074 “Obedience to and required traffic control devices.”
(1) The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle.
(2) No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.
(3) No provision of this chapter for which official traffic control devices are required shall be enforeced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
(4) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.
(5) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence.
(6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.