Thursday, July 30, 2015

Do I have to completely clear a intersection when the street light is turning red? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What is the Florida law regarding whether I should have to completely clear the intersection when the light is turning red? If a driver is approaching a traffic signal, and it turns yellow, and starts crossing the intersection (front two tires are passed the white line) while the traffic signal is yellow, and then the light turns RED while the car is still in the intersection, is this a violation? What is the Florida law (F.S # would be great) that describes this?  What does a RED light camera need to show? I understand they take several pictures which are documented with the ticket, usually showing the state of the intersection before the car passed the intersection and one during, but I want to clarify if my understanding is correct.


A:     Chosen as "Best Answer" by Asker on www.AVVO.com




1

Best Answer
chosen by asker
Answered The statute is 316.075 (a link follows): 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.075.html

In Florida it is not illegal to deliberately drive through a yellow light. A yellow light means only that traffic facing the light is “warned” that a red light will soon follow. As long as your vehicle entered the intersection or passed the crosswalk or limit line before the light turned red, you haven’t broken the law. 

That said I strongly urge you to HIRE A LAWYER (caps intentional). 

My guess is that you have about as much business practicing law as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and the rules of procedure; and you are very likely to screw up your case if you serve as your own lawyer (ergo Abe Lincoln's famous quote... "He who represents himself has a fool for a client."). 

In my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Orlando area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment. 

That said, I hope that I have been helpful in answering your question.


For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1










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