Orlando Toll Violation Defense
Navigating Florida's Toll System & Fighting Unfair Penalties
Don't Let Toll Fines Escalate. Protect Your License & Registration.
Request a Free ConsultationUnderstanding and Addressing Florida Toll Violations
Florida has an extensive network of toll roads, utilizing systems like SunPass, E-PASS, and Toll-By-Plate. While convenient, these systems can sometimes lead to violations, often through no direct fault of the driver. Issues like a malfunctioning transponder, insufficient funds in an account, recently purchased vehicles, or simply being unfamiliar with the system can result in unpaid tolls.
Unpaid Tolls & Escalating Penalties
What starts as a minor unpaid toll can quickly escalate if not addressed promptly. Here's what typically happens:
- Initial Notices: You'll usually receive a notice by mail from the toll authority (e.g., Central Florida Expressway Authority - CFX, Florida's Turnpike Enterprise) for the unpaid toll plus a small administrative fee.
- Late Fees & Further Notices: If unpaid, further notices will be sent with increased fees.
- Uniform Traffic Citation (UTC): Persistent non-payment can lead to the issuance of a Uniform Traffic Citation. This is a formal traffic ticket and carries more significant consequences. According to Florida Statute 316.1001(1), failure to pay a prescribed toll is a noncriminal traffic infraction, punishable as a moving violation under chapter 318.
- Registration Hold: The most common severe penalty is a hold placed on your vehicle registration. This means you cannot renew your car tag until all outstanding tolls and associated fines are paid.
- Driver's License Suspension: In some cases, especially with multiple unpaid citations or failure to comply with court requirements, your driver's license can be suspended. This will then require a "D6 clearance" to reinstate.
- Points & Insurance Impact: If the violation results in a conviction for a moving violation (like a UTC), points can be assessed on your license, potentially leading to increased insurance premiums.
CRITICAL WARNING: Beware of Toll Scams (Phishing Attacks!)
Scammers are increasingly targeting drivers with FAKE text messages and emails claiming unpaid tolls. These messages are designed to trick you into giving up personal information or money.
Hallmarks of a Toll Scam:
- Usually a text message (SMS) or email.
- Claims you have an "outstanding toll balance" or "unpaid toll violation."
- Creates a sense of urgency, threatening immediate fines or penalties.
- Includes a link to a FAKE website that looks like an official toll agency site (e.g., "sunpass-service-center.com", "fl-toll-service.com" - these are examples, actual scam domains vary).
- Asks you to click the link to "resolve the issue" or "make payment."
- The fake site will ask for your credit card details, social security number, or other sensitive information.
What To Do If You Receive a Suspicious Message:
- DO NOT click any links in the message.
- DO NOT reply to the message.
- DO NOT provide any personal or financial information.
- If you are concerned about a real toll, contact the official toll agency DIRECTLY. Look up their official website (e.g., SunPass.com, CFXWay.com) or phone number independently. Do not use contact information provided in the suspicious message.
- You can report phishing attempts to the Federal Trade Commission (FTC) at ReportFraud.ftc.gov.
- Lotter Law can help you verify legitimate toll violations if you are unsure.
Remember: Legitimate toll agencies primarily communicate via official mail for initial violations. While some may offer electronic notifications you've opted into, be highly skeptical of unsolicited texts or emails demanding immediate payment via a link.
How Lotter Law Can Help with Toll Violations
Even if a toll violation is legitimate, navigating the system can be confusing and frustrating. Lotter Law has extensive experience helping clients resolve toll issues efficiently:
- Case Review: We verify the accuracy of the violation – is it your vehicle? Are the dates correct?
- Negotiation: We can often negotiate with toll authorities or the Clerk of Court to reduce fines, consolidate multiple violations, or arrange payment plans.
- Fighting Citations: If a Uniform Traffic Citation has been issued, we can represent you in court to seek a dismissal or a withhold of adjudication to avoid points.
- Lifting Holds: We assist in clearing registration holds and driver's license suspensions (D6 clearance) caused by unpaid tolls.
- Preventing Escalation: By addressing violations early, we can help prevent more severe penalties.
- Affidavit for Non-Responsibility: As per Florida Statute 316.1001(2)(c), the registered owner is liable unless they can establish the vehicle was in the care, custody, or control of another person (or stolen) via an affidavit. We can assist in preparing and submitting such affidavits if applicable.
Florida Statute 316.1001: The Law on Toll Payments
Florida Statute 316.1001 governs the payment of tolls on Florida's facilities. Key points include:
316.1001(1): "A person may not use any toll facility without payment of tolls, except as provided in s. 338.155. Failure to pay a prescribed toll is a noncriminal traffic infraction, punishable as a moving violation under chapter 318."
316.1001(2)(b): Citations for toll violations can be mailed to the registered owner's address within 14 days of issuance.
316.1001(2)(c): "The owner of the motor vehicle involved in the violation is responsible and liable for payment of a citation issued for failure to pay a toll, unless the owner can establish the motor vehicle was, at the time of the violation, in the care, custody, or control of another person... or... If stolen, the police report indicating that the vehicle was stolen..."
Understanding this statute is key to addressing toll violations properly. If you believe you've been wrongly cited or are facing overwhelming penalties, contact us.
Toll Violation FAQs
Be extremely cautious. Most unsolicited text messages or emails about unpaid tolls demanding immediate payment via a link are SCAMS (phishing). Do NOT click the link or provide information. Contact the official toll agency directly through their verified website or phone number if you have concerns. Legitimate initial notices usually come via postal mail.
Ignoring legitimate toll violations leads to increased fines, late fees, the issuance of a Uniform Traffic Citation, a hold on your vehicle registration (preventing renewal), and potentially a suspension of your driver's license. It's always best to address them promptly.
Yes. We can help identify all outstanding issues, negotiate with the relevant authorities, and guide you through the process of D6 clearance for license reinstatement and lifting registration holds. The sooner you contact us, the better.
Under Florida Statute 316.1001(2)(c), as the registered owner at the time of the violation, you are generally responsible. However, if you can prove the vehicle was sold (e.g., bill of sale, title transfer records) *before* the violation occurred, you can submit an affidavit of non-responsibility. It's also crucial to ensure you properly notified the DMV of the sale and surrendered your license plate or transferred it.
Generally, yes. It's the driver's responsibility to ensure their transponder is functioning correctly and their account is adequately funded. If a transponder fails, the system often defaults to Toll-By-Plate, and a notice will be mailed. We can sometimes negotiate these situations, especially if it was an isolated incident and you have a good payment history.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran—approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Facing Toll Violations or Scams?
Contact Lotter Law today for a free, confidential consultation. Let our experience protect your rights and finances.
Or, reach us directly:
Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
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