Understanding Citations for Driving Through Flooded Streets and Why You Need a Private Defense Attorney
Most drivers don’t think twice about pushing through a flooded street, especially when they’re just trying to get home or to higher ground. But under a new Florida law that took effect July 1, 2023, moving too fast through standing floodwater can now get you cited—and it may carry more consequences than you expect.
If you’ve been cited under this new law, you’re not alone. Cities across Florida are beginning to enforce these no-wake zones, and officers now have legal authority to issue tickets to drivers who cause water to push into nearby homes or businesses.
Let me be clear, I don’t believe anyone wakes up thinking they’re going to damage someone’s property by driving to safety. But under this law, even if you didn’t know the street was in a no-wake zone, or even if the water was already rising, you could still face a citation. And like many new laws in Florida, the language is broad enough that you could find yourself ticketed or even charged when you thought you were doing nothing wrong.
What the New Florida No-Wake Law Says
The law doesn’t yet appear under a unique statute number in the Florida Statutes, but it was enacted under legislation approved during the 2023 session and became effective July 1, 2023. It permits local municipalities to create and enforce no-wake traffic zones during flood events, similar to how no-wake zones are used on Florida waterways.
Here’s what that means: if a city, such as St. Petersburg, designates a flooded street as a no-wake zone, officers can ticket you for driving through at a speed that creates a wake—essentially, for pushing water into homes or property.
While the statute itself is not yet codified under a unique section like Florida Statute § 316.212, citations may be enforced through local municipal ordinances and broader public safety statutes.
This means that even if the floodwaters are natural, your movement through them could be considered a form of negligence or reckless operation, especially if damage results.
And once you're cited, it's not always as simple as paying a fine and moving on. Depending on how the city or county classifies the offense, it can impact your driving record, insurance, or be used to claim civil damages in court.
That’s why having a private attorney on your side matters. We can analyze whether the city had the legal authority to declare the zone, whether proper signage or notice was given, and whether your conduct actually met the legal definition of creating a dangerous wake.
How the Law Came to Be and What It Means for Drivers
The push for this law started in Shore Acres, a low-lying neighborhood in St. Petersburg, where residents faced repeated flooding during storms. According to local leaders, including the Shore Acres Civic Association, water often didn’t enter homes until a vehicle passed by and pushed water inward.
The damage has been real. During Hurricane Idalia, homes that appeared to have narrowly avoided flooding were later soaked by water surges caused by passing trucks. One community leader described watching water rise up the driveway only to be pushed through the front door by a passing vehicle.
As a result, the law gives officers new power to penalize drivers whose actions are seen as contributing to flood damage. And that opens the door to significant legal consequences if you’re accused of violating it.
Legal Defenses to a Flood-Related Traffic Citation
Every time we defend a client charged under a new or local ordinance, we start by looking at whether the law was even enforceable at the time of the citation. Here are just a few of the arguments we’ve raised in cases like these:
1. Lack of Clear Signage or Notice
You can’t be expected to comply with a local no-wake zone if you didn’t know it existed. If signs were missing or obstructed, that undermines the city’s case.
2. Emergency or Necessity
If you were trying to escape danger, avoid a stalled car, or respond to a medical situation, your conduct may be justified. We often use necessity defenses in situations where a person’s actions were taken to avoid greater harm.
3. No Proof of Damage or Wake Creation
It’s not illegal to drive through water. The law targets drivers who create a wake that causes harm. If there’s no proof that you caused damage, or no reliable witness, the citation might not stand.
4. Improper Municipal Authority
Some cities rush to enforce new laws without passing proper local ordinances or without defining enforcement procedures. If the law wasn’t implemented correctly in your area, we can challenge it.
5. Discriminatory or Arbitrary Enforcement
We’ve seen cases where citations are only issued to certain drivers while others are ignored. Selective enforcement is a valid defense.
These are the kind of detailed legal issues that require more than a quick fix. As a private attorney, I look at every citation with a trial mindset. That means gathering all evidence, inspecting city records, and demanding proof that the officer followed proper protocol.
Real Case Example: No-Wake Citation Thrown Out in Clearwater
One of the first cases I defended under this new ordinance involved a man who drove his SUV through standing water in a Clearwater neighborhood during an early morning rainstorm. He was cited after a homeowner claimed his vehicle sent a wave of water into their garage.
We immediately went to work. Our investigation showed that the city had not posted any signage designating the area as a no-wake zone. Additionally, dash cam footage from a nearby resident showed multiple vehicles passing the same area without incident.
We filed a motion to dismiss the citation, arguing that the city lacked the legal authority to issue the ticket absent a formally enacted ordinance and proper notice. The judge agreed, and the case was dismissed before trial.
Without legal help, that client would have paid the fine and ended up with a citation that could have affected his driving record and insurance.
Why Hiring a Private Attorney Makes a Difference
These cases may seem minor to someone reading about them in the news. But if you’re the one being ticketed—or worse, blamed for flood damage—everything changes.
As a private criminal defense lawyer, I can devote the time needed to investigate whether the law applies, whether it was enforced properly, and whether your actions actually violated anything at all.
Municipal cases like this often require record requests, ordinance analysis, and fact-intensive defenses. Public defenders don’t usually handle these cases, and many general traffic attorneys don’t understand the new flood zone enforcement structure.
You need someone who will protect your rights from day one. That’s what we do at Musca Law.
FAQs About Florida’s New No-Wake Traffic Law
What is the Florida no-wake traffic law?
The law allows local cities to set up “no-wake zones” on flooded roads. If a driver goes too fast and creates a wake—essentially pushing floodwater into homes or buildings—they can be cited. The law is modeled after boating rules and was created to prevent property damage during storms.
Can I be ticketed even if I didn’t know the road was a no-wake zone?
Yes, but that’s also one of the first issues we challenge. If the area wasn’t marked, or there was no way for you to know, we may be able to get the citation dismissed. Officers are supposed to issue warnings or post signs when these zones are declared.
What’s the penalty for driving too fast through floodwater?
Penalties vary by city, but typically include a fine. However, a citation can impact your insurance, be used as evidence in a civil lawsuit, or result in points on your license depending on how it’s classified locally. That’s why legal help is important even for a traffic matter like this.
Can I fight this kind of ticket?
Yes, and in many cases successfully. We examine city ordinances, body camera footage, weather records, and witness statements to see if the city actually had the right to cite you, and whether the facts support the claim.
Will this affect my driving record?
It might. Some local citations can end up on your record depending on how they’re reported. We always push to keep your record clean and your insurance rates low.
What if I was trying to get to safety during a flood?
That could be a valid defense. We frequently use the necessity defense in cases involving severe weather or personal safety. Your actions may have been completely reasonable under the circumstances.
Can I be sued for flood damage if I’m cited?
Unfortunately, yes. A citation could be used as evidence in a civil case where someone is trying to recover money for property damage. That’s another reason why contesting the citation is important. A clean legal record protects you in more ways than one.
Do I really need a lawyer for a citation like this?
If it were as simple as paying a small fine, you might not. But these citations can lead to larger consequences, including damage claims or long-term driving penalties. Having a private attorney ensures someone is reviewing every legal detail with your future in mind.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida. Don’t wait until this becomes a bigger problem. Let us protect your record and your rights today.