Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?
The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is also illegally placed and wrongly placed (Not on public easement).
I was wrongly charged and prosecuted, and found guilty by a magistrate, and found guilty. Magistrate Stated that she believed that I could see the signage even though it was out of my view, and that "it doesn't matter if the sign is on public or private property, you still have to obey it," and denied my motion to dismiss, stating that I lack evidence, and fined me.
Does this constitute also as Extortion and Tort of Abuse of Process?
A: Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is immune from a money damages claim for making an incorrect decision. Incorrect judicial decisions are common - that's why appellate courts exist, and that's why appellate courts are very busy. I suggest you promptly consult a traffic ticket attorney in your area.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
