Florida Traffic Crimes

Many criminal traffic offenses carry significant penalties upon conviction. If you have been arrested for a criminal traffic offense, you should speak with an experienced Orlando criminal traffic attorney at your earliest opportunity to learn about your rights and the defenses that may be available to you.

Driving While License Suspended:

This occurs when a person who knows their driver’s license or driving privilege has been canceled, suspended, or revoked, drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked.

First Conviction: A misdemeanor of the second degree punishable by up to 60 days in the county jail.

Second Conviction: A misdemeanor of the first degree punishable by up to 1 year in the county jail.

Third or Subsequent Conviction: A felony of the third degree punishable by up to 5 years in State prison.

If it involved a commercial motor vehicle the penalties are as follows:

First Conviction: A misdemeanor of the first degree punishable by up to 1 year in the county jail.

Second or Subsequent Convictions: A felony of the third degree punishable by up to 5 years in State prison.

Habitual Traffic Offender:

A habitual traffic offender is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated three or more convictions arising out of separate acts for offenses described below within a 5-year period:

1) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle

2) Any violation of Florida Statutes 316.193

3) Any felony in the commission of which a motor vehicle is used

4) Driving a motor vehicle while his or her license is suspended or revoked

5) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another

6) Driving a commercial motor vehicle while his or her privilege is disqualified

or has accumulated fifteen convictions within a 5-year period for moving traffic offenses for which points may be assessed as set forth in Florida Statute 322.27.

In addition, any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in above shall be counted.

Driver License Suspension for Habitual Traffic Offender:

Any person designated a habitual offender shall have their license suspended for 5 years and shall not be eligible to be relicensed for a minimum of 5 years from the date of revocation, except as provided for in Florida Statute 322.271. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked.

Penalties: A person whose driver license has been revoked as a habitual traffic offender and who drives any motor vehicle upon the highways of this state while such license is revoked may be charged with a felony of the third degree punishable by up to 5 years in State prison.

If the person whose driver’s license has been revoked is a habitual traffic offender and they drive any motor vehicle upon the highways of this state while such license is revoked, they face a felony of the third degree punishable by up to 5 years in State prison.

Fleeing and Eluding:

This occurs when the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully refuses or fails to stop the vehicle in compliance with such order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude the officer.

Criminal Penalties for Fleeing and Eluding:

Penalties for this offense can increase though depending on the circumstances involved in the case. If in the course of fleeing or attempted eluding the individual commits any of the following acts such as:

1) Driving at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, they commit a felony of the second degree punishable by up to 15 years in State prison.

2) Driving at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle, they commit a felony of the first degree punishable by up to 30 years in State prison. A person convicted of committing this aspect of the offense is subject to a mandatory minimum sentence of 3 years imprisonment.

Also, any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash, having knowledge of an order to stop by a duly authorized law enforcement officer, willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude such officer and, as a result of such fleeing or eluding:

1) Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, they commit a felony of the second degree punishable by up to 15 years in State prison.

2) Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, they commit a felony of the first degree punishable by up to 30 years in State prison.

In addition, the Court must sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. The Court will also revoke, for a period not less than 1 year nor exceeding 5 years, the driver’s license of any operator of a motor vehicle convicted of fleeing and eluding.

Forfeiture of Vehicle:

Any motor vehicle involved in a violation of this law is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture.

Leaving the Scene of an Accident:

Essentially the driver of any vehicle involved in a crash must immediately stop their vehicle at the scene of such crash or as close thereto as possible and remain at the scene of the crash until he or she has fulfilled the requirements of Florida Statute 316.062.

Criminal Penalties for Leaving the Scene of an Accident:

The penalties for this crime vary depending on the circumstances involved with the accident.

1) If the accident results only in damage to a vehicle or other property it is a second degree misdemeanor punishable by up to 60 days in the county jail.

2) If the accident results in injury of any person it is a felony of the third degree punishable by up to 5 years in State prison.

3) If the accident results in the death of any person it is a felony of the first degree punishable by up to 30 years in State prison.

No Valid Driver License:

This occurs when a person operates a motor vehicle in this state without a valid driver license. Any person who violates this law is guilty of a misdemeanor of the first degree punishable by up 1 year in the county jail.

Reckless Driving:

This occurs when a person drives any vehicle in willful or wanton disregard for the safety of persons or property. Any person convicted of reckless driving is subject to the following penalties:

1) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

2) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

Reckless Driving – Damage or Serious Bodily Injury:

Any person who is commits the offense of reckless driving and by reason of such operation of the vehicle causes:

1) Damage to the property or person of another commits a misdemeanor of the first degree punishable by up to 1 year in the county jail.

2) Serious bodily injury to another commits a felony of the third degree punishable by up to 5 years in State prison.

The term “serious bodily injury” means an injury to another person which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Reckless Driving – Alcohol Related:

In addition to any other penalty provided, if the court has reasonable cause to believe that the use of alcohol, chemical, or controlled substances contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the person will be required to complete the treatment.

Florida Criminal Statutes for Traffic Crimes:

The following Florida Statute for more information on traffic crimes and offenses:

Florida Statute 316.027 – Crash involving death or personal injuries.
Florida Statute 316.061 – Crashes involving damage to vehicle or property.
Florida Statute 316.192 – Reckless driving.
Florida Statute 316.193 – Driving under the influence; penalties.
Florida Statute 316.1935 – Fleeing or attempting to elude a law enforcement officer, aggravated fleeing and eluding.
Florida Statute 318.14 – Noncriminal traffic infractions; exception; procedures.
Florida Statute 318.143 – Sanctions for infractions by minors.
Florida Statute 318.15 - Failure to comply with civil penalty or to appear; penalty.
Florida Statute 318.18 – Amount of penalties. (Fines assigned for specific traffic infractions)
Florida Statute 322.03 – Drivers must be licensed; penalties.
Florida Statute 322.264 – “Habitual traffic offender” defined.
Florida Statute 322.27 – Authority of department to suspend or revoke driver license or identification card. (Points assigned for specific traffic crimes and infractions).
Florida Statute 322.271– Authority to modify revocation, cancellation, or suspension order.
Florida Statute 322.34 – Driving while license suspended, revoked, canceled, or disqualified.

Our Orlando Criminal Attorney Services:

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