Don Waggoner Law

Orlando and Kissimmee Criminal Defense Lawyer and DUI Attorney

DO NOT TALK TO LAW ENFORCEMENT WITHOUT FIRST CONSULTING A LAWYER!!!

TRAFFIC - CIVIL


Traffic Offenses –Non-Criminal


Non-Criminal traffic offenses generally come in the guise of a ticket issued by an officer when he/she stops you while driving.  However, a ticket can be mailed to you in some situations.  It is important that you keep your address current with the DHSMV.


Orlando and Kissimmee Traffic Ticket Attorney Don Waggoner is experienced at fighting traffic tickets, everything from speeding to red light running.  Attorney Don Waggoner can represent you at your hearing and you will not have to appear.  Attorney Don Waggoner may be able to help you avoid points on your license and license suspensions.  If you have received a citation for a civil traffic offense, call Orlando and Kissimmee Traffic Ticket Attorney Don Waggoner right away for help and advice.


•   Motorcycles and Mopeds    •   Other vehicles    •   Parking    •   Stoplights and Traffic Control Device    •   Driving on the right    •   Duty to yield
•   Speeding and Racing    •   Turn Signals    •   Headlights    •   Distractions    •   Miscellaneous    •   Exhaust Systems    •   Windows and Tinting
•   Fleeing and attempting to elude

The following are the general statutes referring to civil traffic offenses, or traffic tickets.  Some of the statutes cited may be criminal traffic offenses.  Those are noted as such.  I have only listed the statute numbers and title.  You can go to Florida Statutes - Traffic Laws - Chapter 316 in order to find the full statute.  Most statutes governing commercial vehicles are not listed below.

DEFINITIONS.  I will list the important ones

316.003 - Definitions


(2) BICYCLE.
Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.

6) CROSSWALK.
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.


7) DAYTIME.
The period from a half hour before sunrise to a half hour after sunset. Nighttime means at any other hour.


(10) DRIVER.
Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.


21) MOTOR VEHICLE.
Except when used in s. 316.1001, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a).


(22) MOTORCYCLE.
Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped.


(26) OWNER.
A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the purposes of this chapter.


(27) PARK OR PARKING.
The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted by law under this chapter.


(32) POLICE OFFICER.
Any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, including Florida highway patrol officers, sheriffs, deputy sheriffs, and municipal police officers.


(33) PRIVATE ROAD OR DRIVEWAY.
Except as otherwise provided in paragraph (53)(b), any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.


(40) RIGHT-OF-WAY.
The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.


(42) ROADWAY.
That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term “roadway” as used herein refers to any such roadway separately, but not to all such roadways collectively.


(47) SIDEWALK.
That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.


(49) STAND OR STANDING.
The halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under this chapter.


(53) STREET OR HIGHWAY.
(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic;
(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place;
(c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or
(d) Any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s. 418.30 and the recreational facilities of which district are open to the general public.

(75) VEHICLE.
Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.


(77) MOPED.
Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters.


(82) MOTORIZED SCOOTER.
Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.


MOTORCYCLES/MOPEDS:

316.208 Motorcycles and mopeds.
316.2085 Riding on motorcycles or mopeds.
316.209 Operating motorcycles on roadways laned for traffic.
316.2095 Footrests, handholds, and handlebars.
316.211 Equipment for motorcycle and moped riders.
316.400 Headlamps.
316.405 Motorcycle headlights to be turned on.
316.410 Taillamps.


OTHER VEHICLES:

316.2065 Bicycle regulations.
316.2068 Electric personal assistive mobility devices; regulations.
316.2074 All-terrain vehicles.
316.212 Operation of golf carts on certain roadways.
316.2122 Operation of a low-speed vehicle or mini truck on certain roadways.
316.2123 Operation of an ATV on certain roadways.
316.2124 Motorized disability access vehicles.
316.2125 Operation of golf carts within a retirement community.
316.2126 Authorized use of golf carts, low-speed vehicles, and utility vehicles.


PARKING:

316.194 Stopping, standing or parking outside of municipalities.  
316.1945 Stopping, standing, or parking prohibited in specified places.
316.195 Additional parking regulations.
316.1951 Parking for certain purposes prohibited; sale of motor vehicles; prohibited acts.
316.1955 Enforcement of parking requirements for persons who have disabilities.
316.1957 Parking violations; designated parking spaces for persons who have disabilities.
316.1958 Out-of-state vehicles bearing identification of issuance to persons who have disabilities.
316.1959 Handicapped parking enforcement.
316.1964 Exemption of vehicles transporting certain persons who have disabilities from payment of parking fees and penalties.
316.1965 Parking near rural mailbox during certain hours; penalties.
316.1967 Liability for payment of parking ticket violations and other parking violations.
316.1974 Funeral procession right-of-way and liability.
316.1975 Unattended motor vehicle.


STOPLIGHTS/TRAFFIC CONTROL DEVICE:
316.0083 Mark Wandall Traffic Safety Program; administratio report.—
Definition of a Stop: (1)(a) For purposes of administering this section, the department, a county, or a municipality may authorize a traffic infraction enforcement officer under s. 316.640 to issue a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible. This paragraph does not prohibit a review of information from a traffic infraction detector by an authorized employee or agent of the department, a county, or a municipality before issuance of the traffic citation by the traffic infraction enforcement officer. This paragraph does not prohibit the department, a county, or a municipality from issuing notification as provided in paragraph (b) to the registered owner of the motor vehicle involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.

(2) A notice of violation and a traffic citation may not be issued for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner at an intersection where right-hand turns are permissible.
316.074 Obedience to and required traffic control devices.
316.0745 Uniform signals and devices.
316.075 Traffic control signal devices.
316.0755 Pedestrian control signals.
316.076 Flashing signals.
316.0765 Lane direction control signals.
316.1575 Obedience to traffic control devices at railroad-highway grade crossings.


DRIVING ON THE RIGHT:

316.081 Driving on right side of roadway; exceptions.
316.0815 Duty to yield to public transit vehicles.
316.082 Passing vehicles proceeding in opposite directions.
316.0825 Vehicle approaching an animal.
316.083 Overtaking and passing a vehicle.
316.084 When overtaking on the right is permitted.
316.085 Limitations on overtaking, passing, changing lanes and changing course.
316.087 Further limitations on driving to left of center of roadway.
316.0875 No-passing zones.
316.088 One-way roadways and rotary traffic islands.
316.089 Driving on roadways laned for traffic.
316.0895 Following too closely.
316.090 Driving on divided highways.


DUTY TO YIELD:

316.121 Vehicles approaching or entering intersections.
316.122 Vehicle turning left.
316.123 Vehicle entering stop or yield intersection.
316.1235 Vehicle approaching intersection in which traffic lights are inoperative.
316.125 Vehicle entering highway from private road or driveway or emerging from alley, driveway or building.
316.126 Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle.  Also known as the Move Over Law.
316.172 Traffic to stop for school bus.
316.1974 Funeral procession right-of-way and liability.


SPEEDING//RACING/CARELESS/RECKLESS:

316.183 Unlawful speed.
316.185 Special hazards.
316.187 Establishment of state speed zones.
316.189 Establishment of municipal and county speed zones.
316.1893 Establishment of enhanced penalty zones; designation.
316.1895 Establishment of school speed zones, enforcement; designation.
316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence.
316.1906 Radar speed-measuring devices; evidence, admissibility.
316.191 Racing on highways.
316.192 Reckless driving. ***Criminal Offense
316.1923 Aggressive careless driving.
316.1925 Careless driving.


TURNING/TURN SIGNALS:

316.151 Required position and method of turning at intersections.
316.1515 Limitations on turning around.
316.152 Turning on curve or crest of grade prohibited.
316.155 When signal required.
316.156 Signals by hand and arm or signal lamps.


HEADLIGHTS/STOPLIGHTS/TAILLAMPS:

316.217 When lighted lamps are required.
316.220 Headlamps on motor vehicles.
316.221 Taillamps.
316.222 Stop lamps and turn signals.
316.229 Lamps on parked vehicles.
316.231 Lamps on other vehicles and equipment.
316.233 Spot lamps and auxiliary lamps.
316.234 Signal lamps and signal devices.
316.235 Additional lighting equipment.
316.237 Multiple-beam road-lighting equipment.
316.238 Use of multiple-beam road-lighting equipment.
316.2385 Requirements for use of lower beam.
316.239 Single-beam road-lighting equipment.
316.2395 Motor vehicles; minimum headlamp requirement.
316.2396 Number of driving lamps required or permitted.
316.2397 Certain lights prohibited; exceptions.
316.400 Headlamps.
316.405 Motorcycle headlights to be turned on.
316.410 Taillamps


DISTRACTIONS/CHILDREN:

316.303 Television receivers.
316.304 Wearing of headsets.
316.3045 Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.
316.613 Child restraint requirements.
316.6135 Leaving children unattended or unsupervised in motor vehicles; penalty; authority of law enforcement officer.  *** POTENTIAL CRIMINAL OFFENSE*** (3RD) 316.614 Safety belt usage.


MISCELLANEOUS:

316.0895 Following too closely.
316.130 Pedestrians; traffic regulations.
316.1001 Payment of toll on toll facilities required; penalties.
316.2397 Certain lights prohibited; exceptions.
316.294 Mirrors.
316.2004 Obstruction to driver’s view or driving mechanism.
316.2045 Obstruction of public streets, highways, and roads.
316.2061 Stop when traffic obstructed.
316.6105 Violations involving operation of motor vehicle in unsafe condition or without required equipment; procedure for disposition.
316.646 Security required; proof of security and display thereof; dismissal of cases.  ***Criminal Infraction
316.1985 Limitations on backing.
316.1995 Driving upon sidewalk or bicycle path.
316.2015 Unlawful for person to ride on exterior of vehicle.


EXHAUST SYSTEMS/NOISE:

316.272 Exhaust systems, prevention of noise.
316.293 Motor vehicle noise.


WINDOWS/WINDSHIELDS/TINTING

316.2951 Motor vehicle windows; definitions.
316.2952  Windshields; requirements; restrictions.
316.2953 Side windows; restrictions on sunscreening material.
316.2954 Windows behind the driver; restrictions on sunscreening material.
316.29545 Window sunscreening exclusions; medical exemption; certain law enforcement vehicles and private investigative service vehicles exempt.
316.2955 Window sunscreening material; compliance labeling; tolerances.
316.2956 Violation of provisions relating to windshields, windows, and sunscreening material; penalties.
316.2957 Exemption for motor vehicle manufacturers.

***The following are Criminal traffic offenses:

DUI:

316.193 Driving under the influence; penalties.
316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties.
316.1937 Ignition interlock devices, requiring; unlawful acts.
316.1939 Refusal to submit to testing; penalties.


FLEEING AND ATTEMPTING TO ELUDE (FATE)

316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.  ***Felony and Loss of Driving Privileges***