Legal Question in Traffic Law in Florida

I recently received a traffic ticket for "failure to move over for emergency vehicle/wrecker" however, there were no emergency vehicles present, only construction. He didn't stop me for speeding, all he said when he pulled me over was "I pulled you because you neglected to move over for those poor people working on the road." He placed this under statute 316.126(1)(b) which only talks about emergency vehicles and wreckers specifically. Since this ticket was based on mostly courtesy and not the violation of the law how would my argument hold up in court? I'm wondering if it's worth taking the chance of losing and being charged with court costs in addition to my $149 ticket. Thank you


Asked on 6/17/10, 9:40 am

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

It actually sounds like you have a good argument. I do suggest you talk to an attorney that handles tickets in the county where this happened as they should have knowledge of the judges in your area.

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Answered on 6/17/10, 7:56 pm


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