Legal Question in Traffic Law in Florida
I got a citation for "running a stop sign" during the blackout the day after Irma. The Stop sign was not visible and the intersection was pitch black. I pleaded "not guilty" in a letter to Ken Burk traffic court. Just got a letter that I need to show up to court. I'm freaking out. I feel I have grounds for dismissal because of the black out and the stop sign should have been visible, right?
1 Answer from Attorneys
Unfortunately, this is not a defense. The law says that YOU are responsible for paying attention to all road signs, hazards, etc. BASED ON THE CONDITIONS. In fact, the judge may view it as you being less diligent than you should have been under the circumstances. It may be a mitigator though and not a defense. Therefore, I suggest you get an attorney if you are going to fight it.
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