Legal Question in Traffic Law in Florida

I was cited as violating Florida statue 316.126(1)(b)1. I just looked that law up and still feel I may have been given the ticket wrongly. The officer was on the side of the interstate with lights on, but had nobody pulled over and he was sitting in his cruiser. If he did not have an emergency at the time, did I break a law? Is this worth fighting in court?


Asked on 11/21/10, 9:23 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

If you didn't move over and slow down and his lights were going then, whether he had an emergency at the time is irrelevant. That said, an argument can be made by your attorney that it is unconstitutional. I suggest you call an attorney to discuss this further.

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Answered on 11/27/10, 4:26 pm


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