Traffic Control Device
If you receive a ticket for failing to obey the applicable instructions of any official traffic control device placed in accordance with the Florida Uniform Traffic Control Law, then contact an experienced traffic ticket lawyer at Meltzer & Bell, P.A.. Most of these tickets are issued for “running a red light” and “failing to stop at a stop sign.”
Under § 316.130(1), a pedestrian must also obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer. A violation can occur even though no devices are in place under § 316.074(3), if the particular provision of the Uniform Traffic Control Law does not state that an official traffic control device is required.
Additionally, under Florida Statute § 316.074(2), a person is not allowed to drive any vehicle from a roadway to another roadway to avoid obeying the traffic control indicated by such a traffic control device.
A violation of Florida’s rules prohibiting the disobedience of a traffic control device is a noncriminal traffic violation under § 316.074(6), Fla. Stat. Call us before you pay that ticket. Let us put our experience to work for you. With offices in Fort Lauderdale and West Palm Beach, our traffic ticket attorneys represent drivers throughout Broward County and Palm Beach County.
Requirements for Traffic Control Devices in Florida
Florida Uniform Traffic Control Law sets out the requirements for these devices. It is a defense to the violation if at the time and place of the alleged violation, the official device was not in the proper position or sufficiently legible to be seen by an ordinarily observant person.
It is a defense to the violation if you were otherwise directed by a police officer. Also, exceptions are granted to drivers of authorized emergency vehicles under § 316.074(1), Fla. Stat.
Legal Presumptions that the Traffic Control Device was Lawful
Although under § 316.074(4), the law presumes that the device was placed by the official act or direction of lawful authority when it is in a position approximately conforming to the Uniform Traffic Control Law, the contrary can be established to overcome this presumption through competent evidence. Absent competent evidence to the contrary is presented, § 316.074(5), Fla. Stat.
Absent competent evidence to the contrary is presented, § 316.074(5), Fla. Stat., sets out a presumption of compliance with statutory requirements when any official traffic control device is placed pursuant to the provisions of the law and purporting to conform to the lawful requirements pertaining to such devices.
Types of Traffic Control Devices
Different types of traffic control devices include:
- Stop sign.
- 4-Way Stop.
- Do Not Enter.
- No Passing.
- No U-Turn.
- No Right Turn.
- Speed Limit.
- Speeding Fines Doubled.
- Must Turn.
- Divided Highway Ahead.
- No Turn on Red.
- Turn Lanes.
- No Turns.
- Center Turn Lane.
- Begin Right Turn.
- Exit Speed.
- Restricted Lane Ahead.
- Emergency Stopping Only.
This article was last updated on Wednesday, November 2, 2016.