Dealing With Toll
Violations in Orlando?
Unpaid toll violations stack up quickly — fines, points on your license, and registration holds that prevent you from renewing your plate.
A traffic attorney can identify which violations are defensible, resolve outstanding citations, and clear registration holds so you can get back on the road.
Florida’s toll system is one of the most extensive in the country. Central Florida drivers navigate the 408 (Spessard L. Holland East-West Expressway), the 417 (Central Florida GreeneWay), the 429 (Daniel Webster Western Beltway), the 528 (Martin Andersen Beachline Expressway), and sections of the Florida Turnpike on a daily basis.
With the widespread adoption of SunPass and Toll-By-Plate, most drivers rarely think about tolls until something goes wrong.
Under Florida Statute § 316.1001, failure to pay a prescribed toll is a noncriminal traffic infraction punishable as a moving violation under Chapter 318. That means toll violations can add points to your license, generate fines and court costs, and contribute to the point accumulation that leads to a license suspension. Unresolved toll violations can also prevent you from renewing your vehicle registration.
Attorney James P. Kelly defends toll violation cases throughout Orlando, Orange County, and Central Florida. When you call, you speak directly with your attorney.
Toll violations in Central Florida typically arise in one of several common scenarios.
SunPass transponder malfunction
The SunPass unit may fail to transmit properly, the battery may be depleted, or the transponder may not be mounted correctly. When the system fails to register a valid SunPass transaction, the toll authority treats the passage as an unpaid toll.
Toll-By-Plate billing failures
In the Toll-By-Plate system, a camera photographs the vehicle’s license plate and bills the registered owner. If the plate is unreadable, the billing address is outdated, or the payment is not received, the toll becomes a violation.
Insufficient SunPass balance
If your prepaid account balance drops below the toll amount, the transaction may be rejected and treated as a violation.
Rental vehicles and borrowed vehicles
Renters and borrowers may not realize they’re driving through a toll zone, or the rental company’s toll processing system may fail to handle the charge properly, leaving the vehicle’s registered owner with the violation.
Florida’s toll enforcement follows a multi-stage process.
The first notice is typically a toll invoice or an unpaid toll notice mailed to the registered owner. This notice identifies the toll facility, the date and time of the passage, the toll amount, and any administrative fees.
If the initial notice is not paid, the toll authority may issue a Uniform Traffic Citation under § 316.1001. The citation is mailed by first-class or certified mail to the registered owner’s address.
At this point, the matter becomes a traffic case with potential points, fines, and court costs.
Under § 316.1001(4), toll authorities can also report outstanding violations to the DHSMV. Persons with one or more outstanding toll violations may be blocked from renewing their vehicle registration or obtaining a new license plate until the violations are resolved.
| Consequence | Details |
|---|---|
| Classification | Noncriminal traffic infraction (moving violation) |
| Points | 3 points on your driver’s license upon conviction |
| Fines | Base fine plus court costs and surcharges |
| Registration hold | Outstanding violations may block vehicle registration renewal |
| False affidavit | Submitting a false affidavit is a second-degree misdemeanor |
While a single toll violation may seem minor, the consequences multiply quickly. Drivers who use Central Florida toll roads daily can accumulate multiple violations in a short period.
Each violation adds points, and each conviction contributes to the 12-point, 18-point, and 24-point thresholds that trigger license suspension.
Under § 316.1001(2)(c), the registered owner is responsible for toll violations unless the owner can establish that the vehicle was in the care, custody, or control of another person at the time.
The owner must submit an affidavit within 14 days of issuance, identifying the person who had the vehicle. This shifts liability to the identified driver.
If the vehicle was stolen at the time of the toll passage, the owner must submit an affidavit accompanied by a police report documenting the theft. Upon verification, the citation is dismissed.
When the violation resulted from a SunPass malfunction, a Toll-By-Plate billing error, or a system failure on the toll authority’s end, the defense focuses on demonstrating that the driver had a valid, funded transponder account and that the failure was not the driver’s fault.
Records from SunPass showing the account status and transaction history at the time of the alleged violation can support this defense.
If the case has progressed to a Uniform Traffic Citation, you have the right to request a hearing. At the hearing, the toll authority must prove that you used the toll facility without payment.
Your attorney can challenge the photographic evidence, the accuracy of the license plate reading, the mailing and notice procedures, and any other element of the prosecution’s case.
One of the most impactful consequences of unresolved toll violations is the registration hold.
Under § 316.1001(4), the toll authority can provide the DHSMV with data identifying persons who have outstanding toll violations. Those persons may be blocked from obtaining or renewing a license plate or registration sticker for any motor vehicle until the violations are cleared.
If you have discovered that your registration renewal has been blocked due to toll violations, resolving the underlying citations is the first step. An attorney can help determine which violations are outstanding, whether any can be contested, and how to clear the hold as efficiently as possible.
Toll violations may start small, but they add up. Multiple unresolved violations can generate hundreds of dollars in fines, accumulate points toward a license suspension, and block your vehicle registration. An attorney who handles the citations promptly, contests those that are defensible, and resolves the remainder efficiently can minimize the total impact on your record and your finances.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly. The firm handles toll violation cases in Orange County, Osceola County, Seminole County, and throughout Central Florida. English and Spanish-speaking clients are welcome — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
No. Failure to pay a toll is a noncriminal traffic infraction under § 316.1001. However, submitting a false affidavit in response to a toll citation is a second-degree misdemeanor.
Yes. A toll violation conviction is treated as a moving violation and adds 3 points to your driver’s license.
Yes. Under § 316.1001(4), the toll authority can report outstanding violations to the DHSMV, which can block issuance or renewal of your license plate and registration sticker.
Common reasons include a depleted prepaid balance, a malfunctioning transponder, improper transponder mounting, or a system error on the toll authority’s end. Account records showing that your SunPass was active and funded at the time of the alleged violation can support a defense.
If the vehicle is registered in the name of the lessee (the renter), the registered owner (the rental company) is not responsible for the citation under § 316.1001(2)(c). The rental company can submit an affidavit transferring responsibility to the renter. If you rented the vehicle, you may be able to resolve the underlying toll charge through the rental company’s toll processing service.
