LEGAL GUIDE
Written by attorney David P. Gilbert | Aug 23, 2011

What is a Traffic Control Device Violation?

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.

What does this mean?

Whenever an officer issues a citation for failure to obey traffic control device, they are cutting you a break financially as these citations often carry significantly less fines than their more specific counterparts (unlawful speed, red light violations). For example, if you are speeding, the officer may issue you an unlawful speed citation or a failure to obey traffic control device OR you run a red light, you may receive a red light violation citation or a failure to obey traffic control device. While the officer has giving you a break by issuing this ticket, you should still challenge this citation in court if you have any legal defenses. If you are interested in fighting your failure to obey TCD citation in the Tampa bay area, please give my office a call at (727) 260-5754.

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