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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118253
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am looking attorney who practices traffic law. example

Customer Question

I am looking for an attorney who practices traffic law. example(###) ###-####Payment of toll on toll facilities required; penalties.
We are a medium sized trucking company receiving 240+ invoices a month with over 2400 transactions (violations). The tags that MDX are invoicing us are on the chassis owned by our company which different owner operators use. The statute calls that "The owner of the motor vehicle" be cited however they are not being cited. The equipment company is being cited. 95% of our violations are on the Gratigny Expressway. We are being told there is nothing wrong with the toll machines there.
Until recently we were filling out affidavits for drivers who are no longer with us. Now they have taken away that option from us. Are there any attorneys familiar with this who can offer advise?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The code states that the "User and/or the owner of the vehicle used on the toll facility is responsible and liable for any Uniform Traffic Citation issued pursuant to §316.1001, Florida Statutes as a result of User’s Transponder not being read by the receiving equipment in the toll facility. User shall not use this Agreement as a defense to a toll violation if the Transponder is not read by the receiving equipment unless the supplemental lane transactions show a problem with the receiver in the lane at the time of the alleged violation. Defective Transponders, malfunctioning Transponders, weak or dead batteries and not properly mounting the Transponder do not relieve the User and/or the owner of the motor vehicle involved in an unpaid toll from liability under §316.1001, Florida Statutes."
This is the problem you face in fighting these. You are the owner, as you stated above, of the chassis. The matter comes down to now pursuing and charging each owner operator that is using the chassis and incurring you tolls and penalties.
The other option you have is you would have to engage a local attorney to fight these with the toll authority and prove who the responsible party is, because their equipment is reading the transponders but there is another liable party. Because the law is the way it is, this is the only alternative to fighting these charges I am afraid because the system is electronic and as such there is no way for their system to make the differentiation.