Clearwater Failure to Obey Lawful Order Lawyer

In Florida, it is against the law to fail to obey the orders of a police officer.

The laws regarding this crime can be found under Florida Statute 316.072. Although this statute is generally applied to traffic offenses, it can be extended to various other situations. It states that if a person is walking, driving an automobile, or riding a bike on a public road in Florida and is given a lawful direction or order by a law enforcement officer, they must obey this order or face certain penalties.

If you are facing charges for failure to obey a lawful order in Clearwater, FL., you are going to need legal representation. At The Law Place, we have a team of some of the best Clearwater criminal defense lawyers in the state, so contact us now to schedule a free consultation.

Our telephone number is (941) 444-4444, and we are available 24 hours a day, 7 days a week.

What Is Meant by a “Lawful Order?”

The definition of a “lawful order” has been a controversial debate in many courtrooms. In general, courts are somewhat silent when it comes to clarifying what constitutes a “lawful order” from a law enforcement officer, and unfortunately, it is difficult to find clear guidelines regarding the topic. This ambiguity is one of the most common defenses in failure to obey cases. Establishing the validity of the lawful order given by a police officer is the burden of the state.

Defenses in a Failure to Obey a Lawful Order Case

There are several defenses available to those accused of failing to obey the orders of a law enforcement officer. They include:

Police Officers Identity Unknown

The state prosecutor must establish that the status of the officer was clear. If the person who was stopped was unsure whether they were actually being given orders from a police officer, the failure to obey charges could be dismissed.

Under the statute, the term “police officer” refers to deputy sheriffs, state troopers, municipal police officers, EMT responders, traffic infraction enforcement officers, fire department members, and traffic crash investigation officers.

Protected Speech

If a person used words alone to disobey an officer, this would rarely give rise to a charge of disobeying a lawful order of a police officer. Words usually must be accompanied by an obstructive physical act to uphold this charge.

Unlawful Order

If an order was, in fact, unlawful, you are not required by law to obey it, even if the order was given by a police officer. And again, the burden of proving that the order was within the law falls to the prosecutor.

The right attorney will review your case and build the best possible defense for you.

What Are the Penalties for Failure to Obey the Lawful Order of a Police Officer?

The crime of failure to obey the lawful order of a police officer is classed as a second-degree misdemeanor. If charged, you could face the following penalties:

• Up to sixty days in jail.
• A fine of up to $500.
• Six months of probation.

An experienced criminal defense attorney can fight to have your second-degree misdemeanor charges reduced or even dismissed with the right defense. Call us today for a free case evaluation.

Is Fleeing to Elude a Felony?

By fleeing to elude a police officer, you are disobeying a lawful order, and therefore, these crimes often come hand in hand. However, fleeing to elude is a physical act and one that is taken very seriously in Florida, and those accused will face felony charges.

“Fleeing and eluding” is defined under Florida Statute 316.1935. According to the law, it is a criminal act for any driver who knows that they have been given a lawful order to stop their vehicle by a law enforcement officer, to willfully fail to stop in compliance with the order given by the police officer.

Depending on the circumstances surrounding your arrest, you can be charged with a third, second, or first-degree felony. All of these charges come with large fines, probation, and a lengthy prison sentence. Crimes of this nature should not be handled alone; they can only be fought with the help of an experienced lawyer.

What Is the Penalty for Impersonating a Police Officer in Florida?

There are known cases of people impersonating a police officer and giving orders that are perceived to be lawful.

According to Florida Statute 843.08, this is a criminal act and is classified as a felony. Penalties will be based on the nature of the crime in question, for example:

• By simply committing this crime, you will be charged with a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
• If you impersonate a law enforcement officer whilst committing another felony, the crime is classed as a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.
• If, whilst commissioning the felony, another person is killed or injured, the crime is classed as a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000.

The crime of impersonating a police officer comes with very serious penalties, but these penalties can be avoided with the right criminal lawyer on your side. Contact our law firm now for your free case evaluation.

Clearwater Failure to Yield Accident Lawyer

Meet the Team

David Haenel directs our Clearwater traffic-collision practice. He studies Florida Statute 316.121 on right-of-way rules and combines it with local crash-report codes so no defense loophole survives. Darren Finebloom turns dash-cam footage, event-data recorder downloads, and sight-distance studies into stories juries believe. AnneMarie Rizzo partners with civil engineers to photograph skid marks, lane widths, and blocked signs the same day you call, while paralegals Rose and Tracy open claims immediately, schedule medical visits, and text nightly updates so clients always know their case status.

Reviews & Testimonials

“A box truck ignored a yield and pushed me into the seawall. David found three insurance layers and settled for the limits.”
“They treated my fractured pelvis case like family. Darren proved the SUV driver never looked, and the carrier paid every bill.”
“After a garbage truck cut me off at a roundabout, they guided me through surgery, rehab, and lost-wage paperwork until everything was covered.”

Case Studies

Howard Frankland Bridge Merge
A tanker merged without yielding and sideswiped a sedan. Black-box data showed the truck accelerated past the advisory speed. Settlement reached for $890,000, and the fleet added blind-spot radar.
Roundabout Entry by Clearwater Beach Marina
A tourist van entered a roundabout without yielding to circulating traffic. Drone images captured the driver’s late lane change. We recovered $760,000, and the rental company added roundabout training videos.
Stop-Sign Violation in Countryside
A delivery van rolled a stop and struck a cyclist. Body-cam footage showed the driver never braked. The insurer paid $825,000, and the subcontractor installed automatic stop-sign alerts.

Comprehensive FAQ

What is a failure-to-yield crash?

A failure-to-yield crash happens when a driver who must let another vehicle, cyclist, or pedestrian proceed enters the roadway anyway, causing a collision. Common spots include stop signs, yield signs, merge lanes, left turns, and roundabouts.

Why are these crashes common in Clearwater?

Tourists unfamiliar with local roundabouts, heavy beach traffic, and multiple causeway merges create confusion. Drivers hurry to parking spots or scenic pull-offs and overlook yielding rules, especially near Gulf-to-Bay Boulevard and Memorial Causeway.

Which Florida laws apply?

Florida Statute 316.121 covers intersections, 316.123 covers stop signs, and 316.125 covers private-drive exits. Violation of any right-of-way rule creates negligence per se, meaning liability is easier to prove.

Who can be liable besides the driver?

Employers face vicarious liability when on-duty employees ignore yield signs. Cities share fault if faded lines or obscured signs contribute. Vehicle makers can share blame if blind-spot sensors fail.

How do lawyers prove failure to yield?

Attorneys combine dash-cam video, intersection CCTV, event-data recorder speed, and laser-scanned skid marks. Engineers create sight-distance diagrams showing the driver had ample time to see oncoming traffic.

What damages can victims recover?

Florida law allows payment for medical bills, future treatment, lost wages, reduced earning power, property damage, pain, suffering, and emotional distress. Catastrophic injuries justify life-care plans covering attendant care, mobility aids, and home modifications.

How does modified comparative negligence affect recovery?

You can collect damages if your fault stays below fifty percent. Insurers may argue you sped or changed lanes abruptly. Expert timing studies often show the yielding driver had primary responsibility, keeping your fault low.

Are punitive damages possible?

Yes. Repeated right-of-way violations, distracted driving, or company pressure to rush deliveries can meet Florida’s gross-negligence standard. Clear evidence of reckless disregard increases settlement value.

What immediate steps should I take after a crash?

Call 911 and accept medical care. Photograph yield signs, skid marks, license plates, and traffic-signal heads. Collect witness contacts. Contact a lawyer within forty-eight hours so preservation letters secure camera footage before it is overwritten.

How quickly is evidence lost?

City-owned traffic cameras overwrite in seven days, and event-data recorders rewrite after forty engine hours. Early subpoenas capture crucial proof before deletion.

Will health insurance cover treatment while the case is open?

Health insurers usually pay first, then assert liens on any settlement. Your attorney negotiates reductions so you keep more net recovery. Personal Injury Protection covers up to $10,000 regardless of fault.

How long does a failure-to-yield case take?

Clear-liability crashes with completed treatment often settle in eight to ten months. Disputed liability, severe injuries, or multiple insurers can stretch litigation to fifteen or eighteen months. Trial calendars usually push carriers toward settlement.

What expert witnesses help these claims?

Accident-reconstruction engineers calculate speed and stopping distance. Human-factors experts explain perception-reaction times and blind-spot issues. Economists project lifetime wage loss, and life-care planners price future medical needs.

Does a traffic citation guarantee civil liability?

A citation is persuasive but not conclusive. Civil juries evaluate all evidence. Even if the driver beats the ticket, black-box and video data can prove negligence.

Can cyclists and pedestrians recover?

Yes. Vulnerable-road-user statutes enhance penalties for drivers who fail to yield to cyclists or pedestrians. These victims claim the same damages as car occupants and often settle faster due to jury sympathy.

Will filing a claim raise my auto-insurance rates?

Using the at-fault carrier’s liability coverage typically does not affect your rates. Your insurer adjusts premiums only if you claim collision benefits or are found mainly at fault.

How much does it cost to hire your firm?

Representation is contingency based. You pay no attorney fee unless we recover money. Standard fees are one-third before litigation and forty percent once suit is filed. All costs, including expert fees and drone photography, are advanced and repaid only from a successful outcome.

Why choose a Clearwater lawyer?

Local counsel knows Pinellas County judges, jury preferences, and defense teams. Quick access to crash scenes such as Courtney Campbell Causeway allows evidence collection before skid marks fade. Familiar ties with area doctors streamline treatment and expert referrals, aiding physical and financial recovery.

What should I bring to the first meeting?

Bring the crash report, photos, medical records, hospital bills, insurance cards, repair estimates, pay stubs, and any dash-cam or CCTV footage. Complete documentation lets our team send preservation letters immediately and build a strong claim.

Call The Law Place Today for the Right Legal Help

If you or a loved one have been accused of failure to obey the lawful order of a police officer, it is crucial that you contact a qualified criminal defense attorney as soon as possible. The sooner we can get started on your case, the better your outcome will be.

At The Law Place, we work as a team, so you will have many eyes on your case and will benefit from the combined experience of all of our experienced lawyers. With our help, you can achieve a positive outcome and succeed in having your charges reduced or even dropped altogether.

Call us today at (941) 444-4444 for a free consultation.