It is normal to be concerned when you get pulled over in Florida, and you may get a ticket or even get arrested. It is essential to know that many driving offenses do not amount to criminal traffic offenses in Florida. However, certain offenses can be criminal traffic violations and amount to misdemeanor or felony charges.

Due to the possibility of criminal traffic ticket consequences, it is essential to take traffic ticket offenses seriously and potentially consult with an attorney.

Is a traffic ticket a criminal offense?

The fact that you get issued a ticket by a law enforcement officer does not mean you will face a misdemeanor or felony. So, is a traffic ticket a criminal offense? Not necessarily.

There are many types of traffic tickets that a local sheriff or police officer may issue a driver when no criminal offense has occurred. These traffic offenses are typically considered moving violations, such as running a red light, a stop sign, or basic speeding. When you receive one of these traffic tickets, you would typically have to pay the corresponding fine on time, and any associated points would go on your driving record. Or you can take the online driving school, submit the certificate of completion to the clerk’s office, and pay the citations within 30 days to have the points withheld.

However, some traffic tickets would constitute criminal traffic offenses in Florida, which can have severe consequences for drivers across the state.

Traffic offense examples

As mentioned above, many traffic offenses can lead to a driver getting a citation.

Common questions for types of traffic offenses include:

Is a speeding ticket a criminal offense? Only if it is 30 mph or more over the limit (misdemeanor) or 50 mph or more (felony).

Is reckless driving a criminal offense in Florida? That also depends on the situation.

Florida traffic misdemeanor examples:

Reckless driving (with property damage)
Hit and run (with property damage)
Expired or no valid driver’s license or registration
Driving under the influence (1st and 2nd offense)
Speeding 30 mph or more above the posted limit
Drag racing
Refusal to submit to testing
Intentionally driving with a suspended license
Intentionally refusing or failing to comply with the lawful order or direction of any of the following people: A law enforcement officer, traffic crash investigation officer, traffic infraction enforcement officer, or a member of the fire department at the scene of a rescue operation, fire, or other emergencies.

Florida traffic felony examples:

Reckless driving (with serious bodily injury)
Hit and run (with death, serious bodily injury, or injury)
Driving under the influence (with serious bodily injury or 3rd offense within ten years)
Vehicular manslaughter
Leaving a child unsupervised in a vehicle (if it caused great bodily harm, permanent disability, or permanent disfigurement to a child)
Fleeing from a law enforcement officer
Driving with a suspended license (3rd offense)
Speeding 50 mph or more over the posted limit
Driving while a habitual traffic offender (3rd conviction)

Criminal Traffic Ticket Consequences in Florida

Florida treats criminal traffic violations with significant severity, and the legal repercussions can vary broadly depending on the nature of the offense. Below is an overview of penalties associated with a range of criminal traffic offenses:

1. Monetary Fines and Fees

Each criminal traffic offense carries a distinct range of fines:

DUI: First offense can result in fines from $500 to $1,000; subsequent offenses and those involving aggravating factors can see fines up to $5,000.
Reckless Driving: Fines can range from $500 for first offenses to $1,000 for subsequent offenses.
Driving with a Suspended License: Fines typically range from $500 to $1,000.
Leaving the Scene of an Accident (Hit and Run): Depending on the damage or injuries involved, fines can reach up to $10,000.

2. License Suspension or Revocation

The severity of the violation often dictates the duration of the suspension or revocation:

DUI: Suspension from 6 months for a first offense to permanent revocation for multiple offenses.
Reckless Driving: Potential for 30-day suspension or more, based on case specifics.
Driving with a Suspended License: Can lead to an extended suspension or even permanent revocation.
Habitual Traffic Offender Designation: Leads to a 5-year revocation.

3. Incarceration

Jail or prison time is common for more severe offenses:

DUI: From 6 months for a first offense up to 5 years or more for multiple offenses or those involving serious injury or death.
Vehicular Manslaughter: Can result in up to 15 years.
Reckless Driving: Possible jail time up to 90 days for a first offense, increasing with the severity and frequency of offenses.

4. Probation and Community Service

These penalties aim to rehabilitate rather than purely punish:

All Criminal Traffic Violations: Typically include probation with conditions like mandatory driving courses or community service.
DUI and Reckless Driving: May require more extensive behavioral modification programs or supervised community service.

5. Impact on Employment and Housing

A criminal record from these violations can have broad implications:

All Criminal Traffic Violations: May affect professional licenses, job opportunities, especially those requiring driving, and housing options due to background checks.

6. Insurance Rate Increases

All Criminal Traffic Violations: Almost always result in higher premiums; particularly severe for DUI and reckless driving which may even lead to policy cancellation.

7. Permanent Criminal Record

All Criminal Traffic Violations: Remain on a criminal record, accessible through routine background checks, affecting various aspects of life.

Example Scenarios:

DUI: A third offense can lead to a fine of up to $5,000, a 10-year license revocation, and up to 5 years in prison.
Reckless Driving: Multiple offenses might result in $1,000 fines, up to 6 months in jail, and a mandatory defensive driving course.
Driving with a Suspended License: Repeat offenses could incur a $1,000 fine, further suspension of the license, and potential vehicle impoundment.After the third offense, can be charged as a felony.

This breakdown offers a picture of the serious nature of criminal traffic offenses in Florida and underscores the importance of understanding the full scope of potential legal consequences

Does a criminal citation go on your record?

This is a common concern, and rightly so. Criminal traffic violations will go on your record. This includes both your driving and criminal records, regardless of whether you have been convicted of a crime before you received the citation. All traffic violations go on your driver’s record whether you are found guilty and pay the ticket or you get the points withheld and pay the ticket.

The officer who issued the criminal citation needs solid proof for you to be convicted. Many times, there is not enough proof to get a guilty verdict. When you have a good attorney, you are much more likely to get the best outcome possible. This can even lead to the charge(s) being dismissed or having your records sealed.

What is a habitual traffic offender?

If a driver becomes a habitual traffic offender, aka HTO, they can face serious consequences. This includes having their license revoked for up to five years.

A driver will be designated an HTO if they commit numerous criminal traffic violations within a five-year period. Another way someone could become an HTO is if they reach a particular number of points on their license under the Florida driving system within five years.

Examples of points include:

Exceeding the speed limit (3)
Driving with an open alcoholic beverage (3)
Reckless Driving (4)
Running a Red Light (4)
Leaving the Scene of a Motor Vehicle Accident (6)

FAQs about Criminal Traffic Offenses in Florida

Q. Is a speeding ticket considered a criminal offense in Florida?

Not typically, unless the speeding is extreme. Speeding becomes a criminal offense if you exceed the posted speed limit by 30 mph or more. Less severe cases are treated as infractions, not criminal offenses, and usually result only in a fine and points on your driving record.

Q. How serious is it to be labeled a Habitual Traffic Offender?

Being classified as a Habitual Traffic Offender (HTO) in Florida is quite serious—it means losing your driving privileges for five years and dealing with increased insurance costs. After the revocation period, the process for reinstatement involves several steps, reflecting the gravity of this status.

Q. What should I do immediately after being charged with a traffic crime?

The first step should always be to consult with an experienced traffic or criminal defense attorney. They can provide guidance, help minimize potential penalties, and protect your rights throughout the legal process.

Choosing a Criminal Traffic Offenses Attorney

Criminal traffic offenses in Florida are serious charges. Misdemeanor traffic violations can carry heavy penalties, including fines, license suspension, and jail time.

Felony traffic violations are Florida’s most severe type of criminal traffic offense. In addition to a potential prison sentence, felony offenders can face hefty fines, vehicle impoundment, immediate license revocation, ignition interlock, probation, house arrest, and other penalties.

When you are found not guilty, this will eliminate the need for concern about significant consequences.

An attorney can help to minimize the chances of getting a severe penalty for traffic offenses.

Dean G. Tsourakis is a Criminal Defense Attorney in Clearwater, FL, with over 38 years of experience in Criminal Law. Even when things look bleak, it is important to get representation as soon as possible.

Take action today and contact our office to schedule a free consultation. Call 727-785-2700.

Written By: Dean Tsourakis on Jan 16, 2023