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.
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