Orlando Toll Violation Defense

Understanding and Addressing Florida Toll Violations

Florida has an extensive network of toll roads. In Central Florida, the Central Florida Expressway Authority (CFX) operates the E-PASS system and Toll-By-Plate on roads like the 408, 417, 429, and 528. While convenient, these systems can sometimes lead to violations, often through no direct fault of the driver. Issues like a malfunctioning transponder, insufficient funds in an account, recently purchased vehicles, or simply being unfamiliar with the system can result in unpaid tolls.

Unpaid Tolls & Escalating Penalties

What starts as a minor unpaid toll can quickly escalate if not addressed promptly. Here's what typically happens:

• Initial Notices: You'll usually receive a notice by mail from the toll authority (e.g., Central Florida Expressway Authority - CFX, Florida's Turnpike Enterprise) for the unpaid toll plus a small administrative fee.
• Late Fees & Further Notices: If unpaid, further notices will be sent with increased fees.
• Uniform Traffic Citation (UTC): Persistent non-payment can lead to the issuance of a Uniform Traffic Citation. This is a formal traffic ticket and carries more significant consequences. According to Florida Statute 316.1001(1), failure to pay a prescribed toll is a noncriminal traffic infraction, punishable as a moving violation under chapter 318.
• Registration Hold: The most common severe penalty is a hold placed on your vehicle registration. This means you cannot renew your car tag until all outstanding tolls and associated fines are paid.
• Driver's License Suspension: In some cases, especially with multiple unpaid citations or failure to comply with court requirements, your driver's license can be suspended. This will then require a "D6 clearance" to reinstate.
• Points & Insurance Impact: If the violation results in a conviction for a moving violation (like a UTC), points can be assessed on your license, potentially leading to increased insurance premiums.

How Lotter Law Can Help with Toll Violations

Even if a toll violation is legitimate, navigating the system can be confusing and frustrating. Lotter Law has extensive experience helping clients resolve toll issues efficiently:

• Case Review: We verify the accuracy of the violation – is it your vehicle? Are the dates correct?
• Negotiation: We can often negotiate with toll authorities or the Clerk of Court to reduce fines, consolidate multiple violations, or arrange payment plans.
• Fighting Citations: If a Uniform Traffic Citation has been issued, we can represent you in court to seek a dismissal or a withhold of adjudication to avoid points.
• Lifting Holds: We assist in clearing registration holds and driver's license suspensions (D6 clearance) caused by unpaid tolls.
• Preventing Escalation: By addressing violations early, we can help prevent more severe penalties.
• Affidavit for Non-Responsibility: As per Florida Statute 316.1001(2)(c), we can assist in preparing affidavits if the vehicle was in someone else's control.

Florida Statute 316.1001: The Law on Toll Violations

Florida Statute 316.1001 governs the payment of tolls on Florida's facilities. Key points include:

316.1001(1): "A person may not use any toll facility without payment of tolls, except as provided in s. 338.155. Failure to pay a prescribed toll is a noncriminal traffic infraction, punishable as a moving violation under chapter 318."

316.1001(2)(b): Citations for toll violations can be mailed to the registered owner's address within 14 days of issuance.

316.1001(2)(c): "The owner of the motor vehicle involved in the violation is responsible and liable for payment of a citation issued for failure to pay a toll..."

Resolve Your Toll Issues Today