316.1001(1) Toll - Failed To Pay

[drdigital]

What is the name of your state (only U.S. law)? FL

6/21/2008, travelling on FL Turnpike, went NB through 3 Lakes Toll Plaza [SUNPASS] Lane w/o transponder in car. Stopped by Officer monitoring toll plaza, who issued citation, "TOLL - FAILED TO PAY, NO TRANSPONDER IN SUNPASS ONLY LANE."

I have a valid E-PASS account that was used successfully on days prior and on days subsequent. I forgot to put the transponder in the car on THAT day.

Two options:

1. Pay: $163.50 fine & incur 3 points!
2. Contest: Court costs could total up to $500 & incur 3 points!

I have until Friday to decide. HELP!

[Zigner]

To sum it up, you were ticketed for not having your transponder and you acknowledge that you didn't have your transponder. Should you pay the ticket? Yes

[drdigital]

What you say is true. I am just curious because the backup system takes a photo of the license plate and, I am told, it validates that plate to determine whether it belongs to a valid EPASS or SUNPASS account. If it does, then the account is billed anyway. Also (though this is not the case) what happens if you go through and the battery is dead?

[Zigner]

Originally Posted by drdigital

What you say is true. I am just curious because the backup system takes a photo of the license plate and, I am told, it validates that plate to determine whether it belongs to a valid EPASS or SUNPASS account. If it does, then the account is billed anyway.

That doesn't relieve you from your legal responsibility to have the transponder in the car.

Also (though this is not the case) what happens if you go through and the battery is dead?

Then you won't get a ticket for not having the transponder, will you?

[Hey There]

Googling Florida Traffic Court Rules has information on Discovery etc.
Have you checked to see if you were billed for that day?
Have you checked the local court to ask for a continuance?
Have you checked with a local attorney for a free or one time consultation fee ($50.00 to $75.00)?

Let us know how this goes
Best Regards,
Hey There

[Zigner]

Hey There -

He was cited for not having the transponder - he didn't have the transponder. Please tell us how you would suggest he "fight" this ticket (based on merit alone)

[Maestro64]

Just contact them and show them you have valid account registered to the car in question and show them your account had transaction on it the day before and the day after and they should drop the fine and charge your account the missing toll amount.

I use my EasyPass in a number of states and for various reasons (mostly the fault of their system) I have gotten those tickets and I did exactly what I said above and they charge me the toll amount and dropped the fine. They can not prove with 100% certainty their system did not missed the signal, it is an RF signal and things can interfere with it.

Good Luck

[Zigner]

Originally Posted by Maestro64

Just contact them and show them you have valid account registered to the car in question and show them your account had transaction on it the day before and the day after and they should drop the fine and charge your account the missing toll amount.

I use my EasyPass in a number of states and for various reasons (mostly the fault of their system) I have gotten those tickets and I did exactly what I said above and they charge me the toll amount and dropped the fine. They can not prove with 100% certainty their system did not missed the signal, it is an RF signal and things can interfere with it.

Good Luck

Oh brother!
The OP was given a ticket by a HUMAN BEING!
Maestro - please READ the posts before responding in a knee-jerk way.

[drdigital]

Its just that I've been talking with the EPASS people, the SUNPASS people and the Clerk of Court people in Osceola County. None of them are giving me consistent counsel.

EPASS has provided me with a fax that says we have a valid and active transponder. The transponder was in the car and worked on 6/19 and again on 6/23. It was not in the car on 6/21, when he was cited by the officer.

The Clerk of Court person suggested that I contest, and pretty much bring in the documentation like Maestrro said.

The SUNPASS people tell me that you must have the transponder in the car. It is akin to coming up to the toll both without a dollar to pay the toll.

All toll booths supposedly snap a picture of your license tag. They match that against the SUNPASS/EPASS records and then come back and ding your account manually. I have been trying to figure out how to use this backup system to our advantage, but I guess it doesn't work that way.

Geesh... when we sent the kid off to school, we prayed that, if he did anything wrong he would get caught. God is great and He sure answered our prayer. I just wasn't thinking it would be something like this!

[drdigital]

BTW, Zigner, (forgive the double-negatives) you are not issued a ticket for not having a transponder. They do not write a ticket for not having a transponder. In fact, it is perfectly legal to not have a transponder. They write the ticket for not paying the toll. I guess I was hoping that the toll would be applied to the account using the backup systems (photo of license plate, etc).

[drdigital]

1.4 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.