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Orlando Traffic Offense Lawyers

Get Legal Help for Florida Traffic Violations

Most Traffic Violations Are “Non-Criminal Infractions,” Which Means That They Are Not Crimes and You Cannot Be Jailed for Them. You Can Be Fined and Points Assessed Against Your License, but the Serious Consequences of Jail Are Unavailable.

The Defense Group represents people charged with criminal traffic offenses. These include the most serious offenses, such as DUI Manslaughter or Vehicular Homicide. Also included are offenses like Fleeing and Attempting to Elude a Law Enforcement Officer, Reckless Driving, Leaving the Scene of an Accident, and Driving with a Suspended Driver’s License.

Florida’s traffic code is found in Chapter 316 of the Florida statutes. It is a long and complicated statute, and it is safe to say that most drivers are unfamiliar with most of the statutes found there. The consequences of many offenses on your driving privilege (yes, it’s a privilege and not a right) and your insurance rates are additional reasons to seek out experienced legal assistance when you are charged with a traffic offense.

If a non-criminal traffic infraction threatens your employment or has some other serious potential consequences, we can certainly defend your case. For most minor offenses, retaining a lawyer is not economically efficient.

Contact A Traffic Violations Defense Attorney

Call one of our two locations at 407 743 8430 or 407-250-9557 for a prompt and contact us for a free consultation with an experienced Central Florida criminal defense attorney at The Defense Group. We are available 24 hours a day for your emergency needs, and appointments can be arranged for nights or weekends if necessary.

FAQs About Florida Traffic Offenses

Florida law on traffic violations is lengthy and complex. You can read answers to some of the most frequently asked questions:

What Are the Most Common Traffic Offenses in Florida?

Traffic violations in Florida range from minor infractions to serious crimes. While some result in a simple fine, others can lead to points on your license, higher insurance rates, or even criminal charges. Some of the most common traffic offenses include speeding, running red lights, driving with a suspended license, DUI, and reckless driving. 

Can I Fight a Traffic Ticket, or Should I Just Pay It?

Although paying for a traffic ticket may be the most expedient solution, doing so is an admission of guilt. It can result in points on your license and higher insurance premiums. Depending on the specific circumstances, you may be able to challenge the ticket based on lack of evidence, procedural errors, or other defenses. An experienced traffic offense attorney can evaluate your case and advise you on the best course of action. 

What Happens If I Ignore a Traffic Ticket?

Ignoring a traffic citation in Florida can lead to serious consequences. It could mean additional fines and penalties, suspension of your driver’s license, a warrant for your arrest if you fail to appear in court, and ineligibility for license renewal until the matter is resolved. If you missed a deadline, a traffic offense attorney may be able to address the issue to prevent it from escalating further. 

How Many Points Can I Accumulate Before My License Is Suspended?

Florida’s point system is a graduated scale, with different values assigned for different offenses. For example, leaving the scene of an accident earns six points, running a red light earns four points, and failing to yield earns three points. Once points are assigned, they remain on the driver’s record for at least five years from the date of conviction. Too many points accumulated can lead to driver’s license suspension as follows, as stated by Florida Highway Safety and Motor Vehicles (FLHSMV):

  • 12 points within 12 months: 30-day suspension
  • 18 points within 18 months: Three-month suspension
  • 24 points within 36 months: One-year suspension

Can I Take a Driving Course to Remove Points from My License?

Florida offers a Basic Driver Improvement (BDI) course to keep points from being assessed against a license. Drivers must voluntarily elect this option within 30 days of the date of the citation. This option is not available for those who have been cited for driving 30 mph over the speed limit, for anyone who has attended a BDI course within the preceding 12 months, or for anyone who has already made the election five times in a lifetime. 

Can a Traffic Offense Be Expunged in Florida?

Traffic citations are excluded from the criminal history record that can be expunged in Florida. Speeding, running a red light, and other moving violations will remain on your record. In some cases, for a first-time offense, the court may withhold adjudication. In this case, you are not formally convicted, and the citation may not appear on your record, although it is still accessible to law enforcement and certain government agencies. If a traffic ticket was associated with a criminal offense, such as reckless driving or DUI, if the offense is eligible for expungement, the related traffic ticket may also be removed. 

Could I Go to Jail for Reckless Driving?

Yes. Reckless driving is a criminal offense under the Florida Statutes Section 316.192. A first conviction carries penalties that may include imprisonment for up to 90 days, a fine of $25 to $500, or both. A second or subsequent offense carries up to six months imprisonment, a fine of $50 to $1,000, or both. 

Reckless driving that causes damage to the property or person of another is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. If it causes serious bodily injury, reckless driving becomes a third-degree felony, with penalties that may include up to five years in prison and a fine of up to $5,000. 

What Should I Do If I Get a DUI in Florida?

If you are arrested for driving under the influence, remain silent – anything you say can be used against you. Contact an attorney as soon as possible. A skilled DUI lawyer can review the evidence, such as breathalyzer results and police procedures, to determine the best defense strategy. Act quickly regarding license suspension. You have only 10 days to request a formal review hearing to challenge the suspension of your driver’s license.

Can I Refuse a Breathalyzer Test in Florida?

Florida has implied consent laws. This means that, by driving in the state, you have agreed to submit to a breath, blood, or urine test if it is lawfully requested of you by a law enforcement officer. Refusing a breathalyzer test may prevent immediate DUI evidence, but it could also result in automatic penalties that make the situation worse in the long run. The first refusal could lead to suspension of your driver’s license for one year. A second refusal could lead to 18-month license suspense and possible criminal charges. 

What Is a Habitual Traffic Offender?

In Florida, a habitual traffic offender (HTO) is a person who has accumulated three major driving-related convictions within a five-year period. Offenses that count toward HTO status include vehicular manslaughter, driving with a suspended or revoked license, hit-and-run in which a victim is injured or killed, and use of a motor vehicle for the commission of a felony. Habitual traffic offender status may also be assigned to drivers with 15 convictions for certain moving traffic offenses. 

When a driver is classified as HTO, his or her license is revoked for five years. Driving during this revocation period can result in felony charges.

Will a Traffic Offense Affect My Insurance Rates?

Yes, traffic offenses can significantly affect auto insurance rates. Any violation can increase your premiums, but particularly moving violations such as speeding, reckless driving, and DUI. If you have too many violations, some insurance companies may drop your coverage. Keeping points off your record by contesting traffic tickets can help you maintain lower insurance costs.

What Should I Do If I Am Pulled Over by the Police?

If a police officer pulls you over, stay calm and do the following:

  • Pull over safely: Use your turn signal and find a safe location to stop your vehicle.
  • Keep your hands visible: Place them on the steering wheel and avoid sudden movements.
  • Be polite but remember your rights: You are required to provide your license, registration, and proof of insurance at the officer’s request, but you do not have to answer incriminating questions. You have the right to remain silent and to request an attorney if necessary.

Do I Need a Lawyer for a Traffic Offense?

You may not need legal representation for some minor infractions. Hiring an attorney may be beneficial under the following circumstances:

  • You want to fight a traffic ticket to avoid points on your record.
  • Your license is at risk of suspension or revocation.
  • You have prior offenses that could escalate penalties.
  • You are facing criminal traffic charges, such as reckless driving or DUI.

At The Defense Group, you get a team of seasoned Orlando criminal defense attorneys with over 100 years of combined experience. Contact us at 407-743-8430 for skilled legal representation in traffic violation matters.