What makes a traffic offense criminal in Florida
Florida splits traffic violations into two groups. Civil infractions, like speeding or careless driving, are handled with a fine and points, and you can often pay them without going to court. Criminal traffic offenses are prosecuted by the State Attorney's Office like any other crime. You'll either be arrested or given a notice to appear, and the case goes to county court for misdemeanors or circuit court for felonies.
The penalties depend on the degree of the charge. Use the severity ladder below to see the maximum jail time and fine for each level, from a second-degree misdemeanor up through the felonies.
A criminal traffic conviction can also put points on your license or lead to a revocation, and insurance rates usually go up for years. A withheld adjudication is often possible on a first misdemeanor, though not on every charge.
Reckless driving charges in Pinellas County
Reckless driving under section 316.192 means driving with "willful or wanton disregard" for the safety of people or property. That's a higher bar than bad driving. Speed alone usually isn't enough, and the officer's report has to describe conduct showing you knew about the danger and ignored it.
A first conviction carries up to 90 days in jail and a fine of $25 to $500. A second conviction raises that to 6 months and up to $1,000. If the driving causes property damage or an injury, the charge becomes a first-degree misdemeanor, and a serious bodily injury makes it a third-degree felony.
Reckless driving cases are often good candidates for a reduction to careless driving, which is a noncriminal infraction. Doug Greenberg was a state prosecutor before he became a defense lawyer, and he knows what a prosecutor needs to see before agreeing to that kind of offer.
Leaving the scene of an accident in Florida
Florida requires every driver involved in a crash to stop and stay at the scene. You have to give your identifying information and render reasonable aid to anyone hurt. Hit and run charges are among the most serious traffic cases we see, because the penalties climb quickly with the harm involved:
- Damage to a vehicle or property only (section 316.061): second-degree misdemeanor.
- Crash with injury (section 316.027): third-degree felony.
- Crash with serious bodily injury: second-degree felony.
- Crash with a death: first-degree felony with a 4-year minimum mandatory prison sentence.
A felony conviction for leaving the scene also brings a license revocation of at least 3 years and an order to pay restitution to the victim. The State has to prove you knew a crash happened, and that's a real issue in many cases involving a minor impact at night or a pedestrian who wasn't seen. Many people leave out of panic and come forward later. If that's you, talk to us before you talk to the investigating officer.
Street racing and street takeover charges
Section 316.191 covers drag racing and street takeovers, where drivers block traffic on a road or parking lot to do burnouts, doughnuts, drifting or wheelies. A first conviction is a first-degree misdemeanor with a fine of $500 to $2,000 and a 1-year license revocation.
A second conviction within 1 year is a third-degree felony with a 2-year revocation. A third within 5 years is a second-degree felony with a 4-year revocation. Taking part in a coordinated takeover of 10 or more vehicles is a felony on its own. The officer can impound the vehicle for 30 business days after an arrest, and just watching as a spectator is a $400 noncriminal infraction.
Fleeing and eluding a police officer
Failing to stop for an officer, or driving off after stopping, is a third-degree felony under section 316.1935. Fleeing at high speed or with wanton disregard for safety is a second-degree felony. If someone is seriously hurt or killed, the charge is a first-degree felony with a 3-year minimum mandatory sentence.
These cases leave little room for leniency. A judge cannot withhold adjudication on any fleeing or eluding charge, the license is revoked for 1 to 5 years and the vehicle can be forfeited. Defenses usually turn on whether you knew it was a police officer ordering you to stop, and whether the lights and siren were on.
Driving without a valid license in Florida
Driving without ever having a license, or on a license that expired more than 6 months ago, is a crime under section 322.03. A first conviction is a second-degree misdemeanor. A second conviction is a first-degree misdemeanor, and a third or later conviction adds a 10-day minimum jail sentence. A license expired 6 months or less is only an infraction. If you can show the court you had a valid license at the time, the charge is dismissed.
No-license convictions also count toward habitual traffic offender status. If your license was suspended and not missing, see our page on driving while license suspended in Florida.
Criminal traffic questions we hear most often
Is reckless driving a criminal offense in Florida?
Yes. Reckless driving is a criminal traffic offense with up to 90 days in jail on a first conviction. It is often reduced to careless driving, which is a civil infraction with no criminal record.
What happens if you leave the scene of an accident with no injuries?
Leaving the scene of a crash with property damage only is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. The court can also order you to pay for the damage. Many of these cases can be resolved when the damage is paid early.
Do I have to go to court for a criminal traffic ticket?
Yes. A criminal traffic citation can't be paid by mail like a speeding ticket. In many misdemeanor cases we can appear for you at the arraignment at the Pinellas County Justice Center in Clearwater, so you don't have to miss work.
Can a hit and run charge be reduced in Florida?
Sometimes. It depends on the injuries involved, whether you knew a crash happened and whether you came forward later. The 4-year minimum in death cases can be departed from only in limited circumstances, and never when the driver was under the influence.
Will a criminal traffic charge suspend my license?
Some do. Racing and fleeing convictions carry license revocations, as does felony leaving the scene. Several traffic convictions also count toward habitual traffic offender status. We look at the license consequences before any plea is discussed.