Violation Traffic Control Device-Need Case Law

[FLSUN]

Hello all!

Hopefully I will stumble across it on the internet before someone posts a reply here, but I figure I would ask.

I am looking for Case Law that applies to Violation of Traffic Control Devices. I remember an attorney using this in traffic court-with the case law dating in the early 1900s (maybe 1913?). The case law states that the citation must state which traffic control device was violated (as opposed to just checking off VTC box on ticket)

Thanks!

 

[CdwJava]

What state are you inquiring about? Each state has its own standard as to what is required on the charging document, complaint, citation, etc.

- Carl

 

[FLSUN]

Sorry about that....Florida

 

[CdwJava]

Hmmm ... I'm not familiar with the form that FL citations must take and what MUST be included. At the very least, this would have to be brought up at trial, but I would think it unlikely that the specific device or sign need be mentioned on the face of the citation. Citing cases from the first couple of decades of the last century may very well no longer be controlling case law. But, you never know.

Hopefully someone with knowledge of this area in FL law will happen along.

- Carl

 

[FLSUN]

The case law does still apply in our traffic court. I was in traffic court the day the attorney pulled that out of nowhere with old case law. Case was dismissed and all the officers were shocked.