Traffic Crimes in Florida

If you are accused of violating the law while driving a motor vehicle, the violation can be civil or criminal. Civil violations include running a red light or speeding. These violations carry a fine but no possibility of jail time.

On the other hand, criminal traffic crimes can be charged as a misdemeanor or a felony. Those offenses carry the possibility of stiff fines, burdensome probation terms, or even incarceration in jail or prison. Any criminal traffic misdemeanor or felony requires a court appearance unless your appearance is waived by an attorney appearing in court on your behalf.

In either civil or criminal traffic cases, the officer can issue a traffic citation. Both civil and criminal traffic citations can result in a notation on the driving record or the assessment of points on your driving record. The court may order a driver’s license suspension for a specified period.

A criminal traffic ticket is issued in a case in which a person is suspected of committing a traffic violation that is punishable as a misdemeanor offense. A driver can be arrested when charged with a criminal traffic offense; however, for less serious crimes, the officer may issue a “notice to appear” in court.

Attorney for Traffic Crimes in Tampa, FL

If you were accused of a traffic crime (either a felony or a misdemeanor), then contact an experienced criminal defense attorney at the Sammis Law Firm. With offices in Tampa in Hillsborough County, New Port Richey in Pasco County, and Clearwater in Pinellas County, we can help you fight the accusation.

Contact us to find out more about the charges pending against you, the potential penalties for that offense, or the best defense to fight the charges.

We also represent clients after a failure to appear in court on a criminal traffic violation. In some cases, we can file a motion to quash the failure to appear capias so that a new court date can be scheduled.

Call 813-250-0500.

Commonly Prosecuted Traffic Crimes in Florida

The most widely prosecuted traffic crimes in Florida include:

• Attaching Tag Not Assigned
• Driving Under the Influence (DUI)
• Driving While License Suspended or Revoked (DWLS or DWLSR)
• Driving While License Revoked as a Habitual Traffic Offender
• Vehicular Homicide
  • 316.192(3)(c)(2) – VEHICULAR-RECKLESS DRIVING RECKLESS DRIVING, CAUSE SERIOUS BODILY INJURY
    316.193(3)(c)(3)(a) – VEHICULAR HOMICIDE NEGLIGENT MANSLAUGHTER DUI, CAUSE DEATH TO HUMAN OR UNBORN CHILD
    316.193(3)(c)(3)(b) VEHICULAR HOMICIDE NEGLIGENT MANSLAUGHTER DUI, CAUSE DEATH, FAIL TO GIVE INFORMATION, OR RENDER AID
• Expired Driver’s License
• Expired Vehicle Registration
• Hit and Run Crash
  • 316.027(2)(a) – CRASH INVOLVING PERSONAL INJURY FAIL TO STOP OR REMAIN AT CRASH, INVOLVING INJURY
  • 316.027(2)(b) – HIT AND RUN FAIL TO STOP REMAIN AT CRASH INVOLVING SERIOUS BODILY INJURY
  • 316.027(2)(c) – HIT AND RUN FAIL TO STOP REMAIN AT CRASH INVOLVING DEATH
• Leaving the Scene of an Accident
• Permitting an Unauthorized Person to Drive
• Racing on a Highway
• Reckless Driving
• Refusal to Submit to Breath Test
• No Motorcycle Endorsement
• No Valid Driver’s License
• No Valid Registration
• Unlawful Display of a License
• Unlawful Use of an Identification Card
• Fleeing or Attempting to Elude a Law Enforcement Officer
  • 316.1935(3)(b) FLEE/ELUDE POLICE WANTED DISREGARD SAFETY TO PERSON(S) OR PROPERTY, CAUSE SERIOUS BODILY INJURY OR DEATH
    316.1935(4)(b) FLEE/ELUDE AGG FLEEING W/ SERIOUS INJURY OR DEATH
• Operating a Motor Vehicle in Violation of the Restricted License

If you receive a citation for a criminal traffic offense, you must appear in court. The clerk of the court will notify you by mail of your upcoming court date. Failure to appear in court could result in a bench warrant being issued for your arrest.

If you have a criminal defense attorney representing you in the case, then your appearance can be waived, especially during all of the initial court dates.

When Mandatory Revocation of License is required upon Conviction

In some cases, the DHSMV might impose a 12 month Driver’s License Suspension that reads: “COMM OFFENSE – REVOC REQUIRED IF CONV PENDING SUSPENSION DHSMV ACTION EFFECTIVE THROUGH” pursuant to Florida Statute Section 322.27(1)(a) which provides:

Notwithstanding any provisions to the contrary in chapter 120, the department may suspend the license or identification card of any person without preliminary hearing upon a showing of its records or other sufficient evidence that the licensee or cardholder:

(a) Has committed an offense for which mandatory revocation of license is required upon conviction.

If the Department is notified that the driver committed a crime that requires a mandatory revocation of the driver’s license upon conviction, then the DHSMV has the authority to suspend the license under Florida Statute Section 322.27(1)(a) because of being charged with committing that offense.

If the driver is later convicted, the mandatory revocation will be added to his record. However, if the
charge is dismissed, reduced, nolle prossed or if he is found “not guilty” at trial, the “committing offense suspension” will be removed from the record.

Despite this suspension, the driver is eligible to apply for a hardship license at any time. The required ADI school completion must be added to the record before they apply for the hardship.

This article was last updated on Thursday, January 15, 2026.