Legal Question in Traffic Law in Florida

I was issued a ticket for not following statute 316.074 which is Violation of Traffic Control Device. Specifically for not obeying a right turn only at a painted median.

I came to a stop sign from a road to the side of a major road US 17-92 near SR434 in Longwood, FL. At the stop sign it says Right turn only. Directly in front of me is a left turn lane where if I go straight across and turn right into the left turn lane I can do a Uturn. The manuever going across US 1792 does not require me to go veer left to get into the left turn lane. It is a straight shot. I had to turn right into the left lane, so isn't this still a legal right turn?

Also, I asked the officer if he ever gives breaks for tickets. His response was "Not if I pull them over" He than stated "I usually pull people over for speeding, but only if they are doing more than 13mph over the speed limit since anything less than that would have me working too much" That in itself would somehow discredit the police officer in my opinion. Would that be a point to argue the decision making skills of the officer allowing people to go much more than the standard speed, but give me a ticket for this? By the way, there were absolutely no cars coming on this normally busy road and my wife was a witness to everything he stated.


Asked on 8/18/10, 3:48 pm

1 Answer from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

Your options are relatively straight forward. You can pay the ticket, elect the class option to avoid points on your license or you can contest the ticket. Paying it is the least adviseable route, as it will cause you to be adjudicated of the offense, meaning points will be assessed on your driving record & your insurance will likely go up. Electing the class option avoids points. However, you may have a good defense to the citation. Additionally, you can only opt for the class option once within a 12 month time period & a total of 5 times during your lifetime.

Should you opt to contest it, I encourage you to hire a lawyer familiar with traffic laws & the Judges here in Seminole County. I'd be happy to discuss thus with you further at your convenience.

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Answered on 8/31/10, 3:09 pm


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