The traffic ticket defense lawyers at the Law Offices of Leifert & Leifert have many years of knowledge in a wide range of issues pertaining to traffic violations resulting in traffic tickets. We handle cases stemming from violations of Florida State Statute s. 316.154—the subsection of the Florida State Statutes that deals with the improper start of a vehicle—on a frequent basis.
As is stipulated by s. 316.154, no person shall start a vehicle, which is stopped, standing, or parked, unless and until such movement can be made with reasonable safety. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (History.–s. 1, ch. 71-135; s. 128, ch. 99-248.)
Categorization of This Offense
The first thing to be aware of in reading this regulation is that violation of the rule does not constitute a crime, but rather a noncriminal traffic infraction. While you won’t be charged with a crime for violating s. 316.154, if you fail to fight the ticket and associated accusations with proper force, you can find yourself in quite a dilemma. In addition to having to pay seemingly outrageous fees, you may have points assessed to your license. In addition to dramatically increasing your insurance costs, the points tacked-on to your license will make it more likely that the next time you are pulled over by a law enforcement officer, they will give you a ticket rather than let you go, identifying you as a “repeat offender.”
Another thing to be aware of is the wording of the statute, which by name ostensibly only deals with the turning-on of the vehicle. However, as it turns out, s. 316.154 maintains that no person shall “start” a vehicle that is “stopped, standing, or parked,” in a manner other than one that is reasonably safe. This wording means that the law has cast a wide blanket for law enforcement officers—this statute can be applied to a great many incidents, from accelerating when a light is turned green, to turning out of a driveway, to turning out of a parking space, etc.
The Palm Beach and Broward County traffic ticket defense attorneys at Leifert & Leifert know that this statute is commonly used by law enforcement officers to cite individuals who they believe have accelerated their vehicles in an unreasonably unsafe manner. For example, if a law enforcement officer sees a vehicle reach a seemingly fast speed in a short amount of time following a change from a red light to a green light, the given officer can, by the power of this statute, issue a citation to the driver in question.
Challenging a Violation
The best way to deal with points being assessed to your license following an improper start of vehicle citation is to not have them assessed in the first place. If you have been issued a citation for improperly starting your vehicle in Palm Beach, Broward of Miami-Dade County, contact an experienced traffic ticket attorney at Leifert & Leifert . In most cases, we can resolve your case without the assessment of points, thereby freeing you from the aforementioned burdens associated with having points added to your license.