Miami-Dade County · 11th Judicial Circuit · Fla. Stat. §316.1001
Miami-Dade County toll violation (SunPass / E-PASS / LeeWay) defense.
TL;DR
Miami-Dade County toll violations (Fla. Stat. §316.1001) — SunPass, E-PASS, LeeWay, and toll-by-plate citations — are civil moving infractions with typical totals $100–$165 per gantry. Multiple unpaid tolls trigger an FLHSMV registration hold under §316.1001(3) that blocks renewal. Defended for $99 flat in any of Florida's 67 counties. Case filed in the 11th Judicial Circuit at Miami. (2026)
Last verified: Reviewed against Fla. Stat. §316.1001 and the Miami-Dade County Clerk fee structure
The statute — Fla. Stat. §316.1001
“Any person who uses any toll facility and fails to pay the prescribed toll commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.”
Penalties under §316.1001
| Tier | Classification | Fine | Points |
|---|---|---|---|
| Single unpaid toll (first notice) | Administrative | $2.50–$25 + toll | 0 |
| Uniform Traffic Citation (UTC) | Civil moving infraction | $100–$165 per gantry | 0 |
| Multiple gantries + registration hold | Administrative + UTC | $165+ per gantry + FLHSMV hold | 0 |
| Habitual evader (1 yr accumulation) | Civil moving infraction (enhanced) | $500–$1,000+ | 3 if adjudicated |
Insurance impact: Generally none. Civil toll citations resolved administratively or with withhold of adjudication do NOT report to insurers because no points enter the FLHSMV record. The real cost is administrative — accumulated unpaid tolls trigger registration holds and credit-bureau collection referrals.
Common defenses
Miami-Dade County toll violation (SunPass / E-PASS / LeeWay) cases turn on specific facts — the strategies below are common starting points our attorneys evaluate.
License-plate misread[1]
Toll-by-plate systems rely on optical character recognition of license plates from gantry cameras. OCR misreads — misidentified state, transposed digits, or vehicles with similar plates — produce wrong-driver citations. Comparing the citation photograph to the registered vehicle is the foundational defense.
Sold / transferred vehicle[2]
If the vehicle was sold before the citation date and the new owner failed to transfer registration, the prior owner is not responsible. Documentation: bill of sale, FLHSMV title transfer record, or affidavit. Fla. Stat. §319.22 governs the transfer obligation.
SunPass / transponder malfunction[3]
When the transponder battery dies or signal is blocked (foil tint, dashboard placement), the system bills toll-by-plate at a higher rate. SunPass account records showing a funded transponder at the citation time defeat the evasion element — the obligation was paid, the read failed.
Rental / fleet vehicle[4]
Rental cars and corporate fleet vehicles are routinely cited because the toll-by-plate system maps to the registered owner (rental company), which then re-bills the renter with administrative fees that often dwarf the original toll. The original renter has standing to challenge the secondary fee.
Administrative dismissal at SunPass[5]
Most first-time toll violations resolve administratively if contacted within 30 days. Calling SunPass (1-888-865-5352) BEFORE the citation converts to a UTC often produces complete dismissal upon payment of the underlying toll. Attorney involvement is rarely needed at this stage — but is critical once a UTC has issued.
What you should know
- Civil or criminal
- Civil moving infraction (no criminal exposure for typical evasion)
- Points
- 0 — unless adjudicated as a moving violation in habitual-evader case
- Insurance impact
- Usually none — civil-administrative outcomes don't report to insurance
- Registration risk
- FLHSMV may block renewal under §316.1001(3) for accumulated unpaid tolls
- Statute of limitations
- 5 years from violation date (§95.11(3))
- BDI eligibility
- Generally not applicable; tolls are not BDI-elective
Your three options in Miami-Dade County
Option 1
Pay the fine
Cheapest if caught within 30-day administrative window — pay the underlying toll plus a small fee (~$25). After a UTC issues, paying admits the violation and may complicate future contests.
Option 2
Contest with Unilegal
Plead not guilty when the citation is invalid (wrong plate, sold vehicle, transponder issue). Attorney filing within 24 business hours protects against default judgment and the 30-day D-6 suspension cascade.
Miami-Dade County procedural context
Miami-Dade County cases are filed in the 11th Judicial Circuit of the Florida State Courts. The primary courthouse is in Miami.
Find Miami-Dade County information
- Miami-Dade County Clerk of Court directory — payment, case status, hearing schedule
- 11th Judicial Circuit court directory — circuit clerk + judicial assignments
Educational reference, not legal advice. Outcomes depend on the facts of your specific Miami-Dade County case. If you have a pending citation, consult a Florida-licensed attorney before deciding how to plead.
Frequently asked questions
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Sources & citations
- [1]Fla. Stat. §316.1001 — Toll evasion (full statutory text + registration-hold authority). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1001.html · accessed 2026-05-31 ↩
- [2]Fla. Stat. §319.22 — Title transfer; ownership change. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0319/Sections/0319.22.html · accessed 2026-05-31 ↩
- [3]Fla. Stat. §322.245 — D-6 license suspension for failure to comply with traffic summons. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0322/Sections/0322.245.html · accessed 2026-05-31 ↩
- [4]Florida Turnpike Enterprise — toll administrative resolution program. https://www.sunpass.com/ · accessed 2026-05-31 ↩
- [5]Fla. Stat. §95.11 — Civil-infraction statute of limitations (5 years). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html · accessed 2026-05-31 ↩