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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default What Makes a Street a "Limited Access Facility" (Ticketed for Passenger Drop-Off)

    My question involves a traffic citation (non-moving, says "infraction") from the state of: Florida.

    What does the following mean, in less legalese? What makes a street a "limited access facility"?

    "(19) LIMITED ACCESS FACILITY.--A street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic."

    I was stopped by an officer today for the first time in 30 years of driving and was given a ticket for "stopped in roadway to discharge passenger(s) or pick-up pedestrians" and cited for FL statute 316.1945(1)(A)(12). I dropped my teen off for school on a sidewalk (not onto a roadway or shoulder - see (12) in the statute, which also includes the "limited access facility," above).

    The officer pulled me over and TOLD me: You can't drop off a passenger on this street because there are signs all along the street that prohibit it.

    However, I'm pretty sure there are no signs whatsoever, and there are DEFINITELY no signs where I dropped her off. (Not that this matters since that's (A)(10) which isn't the statute I was ticketed for, but I'm trying to prove my case.) Note that if there are no signs, seems like (1)(B) and (1)(C) allow dropping off...??

    What makes the street itself a "limited access facility"? (The school is definitely not on a highway, freeway, or ramp!)

    Also, anyone know what pleading not guilty via mail in Broward is like? $115 is worth a fight, IMHO.

    Thanks for any assistance.

  2. #2
    Join Date
    Feb 2011
    Posts
    2

    Default Re: What Makes a Street a "Limited Access Facility" (Ticketed for Passenger Drop-Off)

    Can't edit my own post, so adding this:

    There ARE signs, but would you believe they are all turned 90 degrees clockwise, so they are facing the street?! The road has kids walking out of crosswalks everywhere, lots of high school drivers, so why would anyone turn their head 90 degrees to see these signs ("no stopping") set well off the street? (BTW, they are not bent; they were made to be this way.)

    I intend to take photos and possibly suggest that all the speed limit and stop signs also be turned 90 degrees to keep consistent in the city.

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