Can I be cited for improper backing in my own driveway?

UPDATED: Nov 13, 2017

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Can I be cited for improper backing in my own driveway?

I was cited last evening for improper backing in my own driveway. The reason for the citation is because I backed over my neighbor’s mailbox that was leaning over my driveway. Can I really be cited for this?

Asked on November 13, 2017 under General Practice, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Under FL statute 316.003, a street or highway is defined in a way that would include a home's driveway, since it includes the area used for vehicular traffic by the property's owner and those he/she gives permission; therefore, since your driveway meets the definition of "street or highway" (a place used for vehicle traffic by you and those you invite to use it) it is someplace you could be ticketed. Below is an excerpt from the statute; look at subsection (b):
(a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic;
(b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, 

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