Is It Legal to Direct or Stop Traffic in Florida
State of: Florida
Hi,
I was under the impression that it was ILLEGAL in the state of FL to stop or direct traffic if you are not an authorized traffic director (e.g. police/highway patrol/DOT officers, school zone traffic directors, construction traffic directors, etc.).
Is this true? And if so, could someone link me the source of this rule/law? Thanks.
FYI: I need to know because someone stopped a friend of mine on a public roadway (someone in a feud with him) and tried to get into a fight with him, but the police have said there's nothing they can do about it because it's not a crime. I thought it was...this person was not in a vehicle, they came out of their yard to do this. Thanks.
Re: Is It Legal to Direct or Stop Traffic in Florida
Are you stating that your friend believed this person was a police officer or had any right to direct traffic? I didn't think so.
You can look up Florida statutes here. Presumably the police don't view the act you describe, trying to get the attention of a specific person, as "directing traffic".
Re: Is It Legal to Direct or Stop Traffic in Florida
No, but the guy stepped in front of his vehicle so that he had to stop.
I actually found what I was thinking of, it's:
FL Statutes - Title XXIII Motor Vehicles Section 316.001
316.2045 Obstruction of public streets, highways, and roads.
(1) It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon; and any person or persons who violate the provisions of this subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in chapter 318.
318.14 Noncriminal traffic infractions; exception; procedures.--
(1) ...any person cited for a violation of chapter 316...is charged with a noncriminal infraction and must be cited for such an infraction and cited to appear before an official.
318.18 Amount of penalties.--The penalties required for a noncriminal disposition pursuant to s.318.14 or a criminal offense listed in s. 318.17 are as follows:
(1) Fifteen dollars for:
(a) All infractions of pedestrian regulations. ...
So it IS illegal, but it is a noncriminal offense (meaning it won't go on his record) and only a $15 fine.
Furthermore, if you are obstructing traffic and your obstruction results in someone's death, it is only the $15 fine plus 120 hours of community service. That seems fair: someone's life = community service and 15 bucks... :wallbang: