Orlando Traffic Attorney

Understanding and Fighting Moving Violations in Florida

A moving violation in Florida is any traffic infraction committed while your vehicle is in motion. These violations are distinct from non-moving violations (like parking tickets or equipment issues) and typically carry more severe consequences, including points on your license, fines, and increased insurance rates. At Lotter Law, our experienced Orlando traffic ticket attorney, Jeff Lotter, a former Florida State Trooper, provides robust defense against all types of moving violations.

Common Moving Violations and Associated Points

Below is a list of common moving violations in Florida and the typical points assessed upon conviction. It's crucial to remember that accumulating too many points can lead to license suspension. For more detailed information on speeding tickets and their specific point system, please visit our Speeding Tickets page.

Key Florida Statutes Governing Moving Violations

Besides specific statutes for violations like speeding (see our Speeding Tickets page), several general statutes are often cited:

• Florida Statute § 316.074 (Obedience to and required traffic control devices): Mandates drivers obey all official traffic control signals and signs.
• Florida Statute § 316.075 (Traffic control signal devices): Details the meaning of different traffic light signals (red, yellow, green, arrows).
• Florida Statute § 316.121 (Vehicles approaching or entering intersections): Governs right-of-way at uncontrolled intersections.
• Florida Statute § 316.122 (Vehicle turning left): Requires yielding to oncoming traffic when making a left turn.
• Florida Statute § 316.123 (Vehicle entering stop or yield intersection): Outlines duties at stop and yield signs.
• Florida Statute § 316.130 (Pedestrians; traffic regulations): Details driver responsibilities towards pedestrians.
• Florida Statute § 316.1925 (Careless driving): A common citation, defined as operating a vehicle without due care and attention, or in a manner likely to endanger persons or property.

Consequences of a Moving Violation Conviction

• Fines: Vary depending on the specific violation and county.
• Points on Your License: Most moving violations carry 3 or 4 points. Accumulating 12 points in 12 months results in a 30-day license suspension; 18 points in 18 months leads to a 3-month suspension; and 24 points in 36 months causes a 1-year suspension.
• Increased Insurance Premiums: Convictions for moving violations almost always lead to higher auto insurance rates.
• Mandatory Court Appearance: Required for certain serious violations or if an accident resulted in serious injury. If you hire an attorney your appearance cana be waived at any infraction hearing.
• Traffic School: May be an option to avoid points for some violations, but not all.
• Impact on CDL Holders: Moving violations are particularly damaging for CDL holders and can lead to disqualification of their commercial driving privileges.

How We Defend Against Moving Violations

At Lotter Law, our defense strategies are tailored to the facts of your case. Common approaches include:

• Challenging the Officer's Observations:
  • Was the officer's view obstructed?
  • Were there other vehicles that could have committed the violation?
  • Are there inconsistencies in the officer's report or testimony?
• Examining the Legality of the Stop and Procedures:
  • Did the officer have a valid reason to stop your vehicle?
  • Were all legal procedures followed correctly during the stop and citation process?
• Speedy Trial Rights: As with speeding tickets, Florida Rule of Traffic Court 6.325 gives you the right to a trial within 180 days for non-criminal traffic infractions. Delays not attributable to you can lead to dismissal.
• Negotiating for a Favorable Outcome: We often negotiate with the prosecutor or officer to reduce the charge to a non-moving violation (to avoid points), seek a withhold of adjudication, or even a dismissal if the evidence is weak.
• Technical Defenses: For specific violations like running a red light or stop sign, we investigate the functionality and timing of traffic signals, or the visibility and legality of signage.

CDL Holders and Moving Violations

If you possess a Commercial Driver's License (CDL), any moving violation, even in your personal vehicle, can have severe repercussions on your livelihood. Many "serious traffic violations" can lead to CDL disqualification. It is crucial for CDL holders to aggressively fight every moving violation. We understand the stakes and are dedicated to protecting your CDL.

Electing Traffic School

Florida Statute § 318.14(9) allows eligible drivers to elect traffic school (Basic Driver Improvement Course) for certain moving violations to avoid points on their license. Adjudication is withheld upon completion. However, you are generally not eligible if you hold a CDL and the violation occurred in a CMV, if you've attended traffic school in the last 12 months (or 5 times total), or if the violation is too severe. While an option, consulting an attorney can sometimes lead to a better overall outcome, such as a full dismissal.

Why Choose Lotter Law for Your Moving Violation Defense?

• Former Florida State Trooper Insight: Jeff Lotter's firsthand law enforcement experience provides a unique understanding of how traffic stops are conducted and citations are issued.
• Comprehensive Knowledge of Traffic Law: We are well-versed in all Florida traffic statutes, rules of evidence, and court procedures.
• Strategic Defense: We meticulously analyze every detail of your case to build the strongest possible defense.
• Dedicated to Protecting Your Driving Record: Our primary goal is to minimize the impact on your license, insurance, and finances.