There are two types of traffic offenses in Florida: traffic infractions and criminal traffic violations. They have different legal consequences.
Traffic infractions are less serious. They usually result in fines, points added to your driver’s license, or having to go to traffic school.
Criminal traffic violations are more serious, like driving under the influence (DUI) or driving recklessly. These can lead to probation or even going to jail.
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Always ensure that you are informed about the legal expectations for your actions on the road. This knowledge can be critical in protecting your driving privileges and legal record.
What Are Traffic Infractions In Florida?
Traffic infractions are non-criminal offenses for which you may receive a citation, commonly referred to as a ticket. These violations are typically less severe than criminal traffic and are usually handled through civil procedures.
Types of Traffic Infractions:
- Moving Violations: These occur when vehicle laws are violated while the car is in motion, such as speeding or running a red light.
- Non-Moving Violations: Parking in a no-parking zone or having an expired vehicle registration.
Common Traffic Infractions in Florida:
| Infraction Type | Examples | Typical Consequences |
| Speeding | Driving above the posted speed limit | Fines, points on license |
| Red Light | Running a red light | Fines, points on license |
| Stop Sign | Failing to stop at a stop sign | Fines, points on license |
| Careless Driving | Lack of vehicle control or unsafe driving | Fines, points on license |
| Valid Registration | Driving with expired/no registration | Fines, possible vehicle impoundment |
| Construction Zone | Traffic offenses in a construction zone | Increased fines, points on license |
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If you are caught driving while your license is suspended, the offense might be changed from a simple violation to a criminal offense.
When you get a traffic ticket, you usually have a few choices. You can pay the fine, fight the ticket in court, or go to traffic school to get fewer points on your license.
What Are Criminal Violations?
Criminal traffic violations are serious offenses that go beyond mere infractions. Committing a criminal offense implies that the violation is severe enough to warrant more than a fine.
Such offenses can result in jail time, probation, or the imposition of a criminal record.
| Offense Type | Potential Consequences |
| DUI (Driving Under the Influence) | Arrest, jail time, fines, license suspension, probation |
| Racing on Highways | Fines, jail time, vehicle impoundment, license revocation |
| Leaving the Scene of an Accident | Fines, jail time, possible felony charge |
| No Valid Driver’s License | Fines, probation, possible arrest and jail if repeated |
Criminal traffic violations are generally categorized as misdemeanors or felonies, with felonies being the more serious.
Charging with a felony can result in substantial jail time and larger fines. Both misdemeanors and felonies can lead to a warrant for your arrest if you fail to appear in court or comply with court orders.
How To Handle Traffic Infractions And Criminal Violations
The legal issues can be intricate, particularly when differentiating between traffic infractions and criminal violations. The nuances and procedures of each can significantly affect the outcome.
Responding To A Traffic Infraction
Deciding how you’ll respond is crucial when you receive a notice of a traffic infraction.
Depending on your state’s laws, you typically have the option to pay the fine, contest the ticket, or attend a driver improvement course.
If you contest the violation, you must notify the court clerk before your court date and then prepare to plead not guilty before a judge or hearing officer. Here’s a simplified breakdown:
| Action | Description | Potential Outcome |
| Pay the fine | You admit to the infraction and comply with the penalty. | Case closed; possible points on your license. |
| Plead not guilty | Attend court to contest the infraction. Provide evidence to support your innocence. | The judge or hearing officer rules on the matter. |
| Request a hearing | A formal process to dispute the ticket where both sides present their case. | Complete a course to reduce penalties or points. |
| Driver improvement | Complete a course to reduce penalties or points. | Points may be reduced; court costs might apply. |
Dealing With A Criminal Violation
Criminal traffic violations are more serious and entail more complex legal proceedings.
If you are charged with a criminal traffic offense, your first step should be to consult with an attorney. A conviction can lead to license suspension, revocation, or even jail time.
If a court appearance is mandated, you, your lawyer, or both must appear before a judge.
Your lawyer can negotiate with the prosecutor about a potential plea and may advise you to plead no contest to reduce the severity of penalties. Details of managing a criminal violation are outlined below:
| Step | Description | Required Entity/Action |
| Legal Representation | Hire an attorney familiar with traffic law to protect your rights. | Attorney |
| Arraignment | Your initial court appearance to hear the charges and enter a plea. | Court appearance, plea |
| Plea Bargaining | If convicted, the court will impose penalties, including fines, community service, or imprisonment. | Attorney, plea |
| Trial | If the case goes to trial, evidence will be presented before a judge or jury. | Judge, jury trial, evidence |
| Sentencing | If convicted, the court will impose penalties which could include fines, community service, or imprisonment. | Conviction, judge |
| Post-trial Actions | Fulfill court-ordered obligations and possibly file an appeal. | Court costs, community service, affidavit of compliance |
FAQ’s
What constitutes a criminal traffic violation in the Sunshine State?
In Florida, a criminal traffic violation is a more serious than a civilian traffic infraction. It can involve charges that may lead to imprisonment, fines, or both. Examples of criminal traffic violations include:
| Violation Type | Potential Consequences |
| Driving under the influence (DUI) | Imprisonment, fines, license suspension |
| Reckless driving | Imprisonment, fines, or probation |
| Hit and run | Imprisonment, fines, and license revocation |
Facing a criminal traffic violation often requires a court appearance.
Unlike civil traffic infractions, where the penalty might solely be a fine or traffic school, criminal violations can significantly affect your freedoms and rights.
Are traffic infractions considered crimes under Florida law?
Traffic infractions in Florida are not considered crimes. They are typically civil matters without the threat of jail time.
Some examples of traffic infractions include:
| Traffic Infraction | Typical Penalties |
| Speeding | Fine, points on your license, traffic school |
| Running a stop sign | Fine, points on your license |
| Failure to yield | Fine, points on your license |
These violations may result in monetary fines or points on your driving record but do not carry the same weight as a criminal offense.
Depending on the infraction, you may be able to attend a driving improvement course to reduce points or fines.