Florida moving violation: Blocking Intersection

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Latest post Tue, Apr 4 2006 1:09 AM by gviewer. 4 replies.
  • Mon, Apr 3 2006 11:38 AM

    • gviewer
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    Question [=?] Florida moving violation: Blocking Intersection

    This past Saturday night I was traveling on a very backed up road (took 2.5 hours to go 2 miles) - it's near a casino, so traffic is always bad there - but it has never been that bad. At a traffic intersection, a police officer was standing on the corner catching people who got caught in the middle when the light changed. I was was on the "lucky" folks - as everyone was cutting in front of each other to get ahead, and the only way you could ensure you'd proceed was to pull forward. Any traffic entering the intersection from the other side were folks who had used a parking lot to get around the horrible traffic.

    Anyway, I received a citation (my first ticket in 12 years of driving - go me!). It's a moving violation that carries points. However, the ticket states I am in violation of state statute "316.2065" - I think he meant to write 316.2061 though. 2065 is a bicycle violation. The "5" could just be his messy handwriting though - but it has a hook to the right at the top.

    Is the incorrect statute number enough to get this thrown out or should I just suck it up, go to traffic school or pay Ticket Clinic to fight it? Or is there some other defense I can present to the Judge regarding the behavior of other drivers, the heavy traffic circumstances, and the reactive ticketing rather than proactive traffic issue prevention on the behalf of the police (i.e., no one was directing and helping the flow of traffic, just ticketing). My dad's a Judge so he's told me that most judges won't even let me talk.

    By the way, the humorous part of the story is that 50 feet down the road a man was asleep in his car and was causing part of the problem. I called the non-emergency line to report him. Had the cop bothered to stop ticketing us and investigate the traffic issues, he would have helped drivers instead of punishing us. Pretty stupid.
  • Mon, Apr 3 2006 4:32 PM In reply to

    Ok [+0+] re: Florida moving violation: Blocking Intersection

    I think this is good news for you. If you decide to fight this ticket in court, and your traffic code written on the ticket really does talk about bicycles, then just let the prosecution present their case, and when it comes your turn, just mention that you were not in violation of the traffic code written on your ticket. Bring copies of the traffic code with you to court. I have heard of this happening before, but it is rare. If the officer made a mistake writing the traffic citation, this could be your best advantage.

    You may want to call court services and request verification of what you are charged with and how much the fine is going to be. That way you can be sure of what they have recorded in the system without relying on the officer's messy handwriting.
  • Mon, Apr 3 2006 5:20 PM In reply to

    • gviewer
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    Ok [+0+] re: Florida moving violation: Blocking Intersection

    Too funny :) Great advice. I'll call for verification. Thank you so much for replying!
  • Mon, Apr 3 2006 6:42 PM In reply to

    • Ford
      Lawyer
    • Top 10 Contributor
    • Joined on Thu, Mar 16 2000
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    Feedback [*=*] The 'throwing out' of cases is mostly a myth . . .

    If cases were tossed left and right, the courts wouldn't be so backed up.

    "Is the incorrect statute number enough to get this thrown out"

    In my state you would have to proceed to trial and move for dismissal for defective complaint AFTER the state rests. If you give them notice before then they can amend the cite.

    "Or is there some other defense I can present to the Judge regarding the behavior of other drivers, the heavy traffic circumstances, and the reactive ticketing rather than proactive traffic issue prevention on the behalf of the police"

    I don't see a defense there.

    "My dad's a Judge so he's told me that most judges won't even let me talk."

    At a trial, they would have to let you defend yourself.
  • Tue, Apr 4 2006 1:09 AM In reply to

    • gviewer
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    • Joined on Mon, Nov 28 2005
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    Ok [+0+] re: The 'throwing out' of cases is mostly a myth . . .

    Interesting info in your response. Definitely appreciate it - I'd rather go into court and not be an idiot about it, whining about the heavy traffic and whatnot if it doesn't help me. But I'll talk to a traffic ticket service and see what they say about my state's specific laws, especially regarding the defective complaint. Let's hope my safe driving record counts for something!

    I wonder why my dad told me most judges would not let me talk if it's the case that they have to let you defend yourself? Granted, he doesn't handle traffic violations. I've heard some horror stories myself about friends who've wasted their time preparing and then not being able to say anything at all. Some had their cases thrown out, but some got the full penalty + additional fees.

    Oh well, your response was helpful and I appreciate it!
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