Understanding the intricacies of traffic laws and violations in Florida is paramount for all drivers. By familiarizing themselves with these rules and potential ramifications, drivers can navigate the roads safely and steer clear of legal troubles.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV), together with local law enforcement agencies, such as the Florida Highway Patrol (FHP), governs the state's traffic laws. These authorities strictly enforce street laws and penalize individuals found violating them.
Traffic violations in Florida can have serious repercussions. If enough points are added to one's driving record, a possible driver's license suspension can be issued. This suspension is apart from the fines, exorbitant insurance rates, and stained person records that can result from conducting numerous violations.
It is essential for drivers to adhere to traffic laws, cultivate safe driving habits, and generally be responsible while on the road. By doing so, these violations can be prevented and contribute to fostering a safer driving environment for everyone on Florida roadways.
What Are the Major Traffic Violations in Florida?
Traffic violations in Florida encompass a wide range of offenses that occur when drivers fail to comply with the laws governing vehicles on the road. These violations can have various consequences, including fines, traffic school attendance, points on the driver's record, license suspension, and even imprisonment.
In Florida, traffic violations are typically classified as either non-moving or moving violations.
Non-moving violations occur when drivers violate traffic laws while their vehicles are stationary. In these cases, the fines are generally not excessive, and points on the driver's record are rarely imposed. Examples of non-moving violations include parking in a restricted area or failing to display a valid registration sticker.
On the other hand, moving violations occur when drivers violate traffic laws while their vehicles are in motion on public roads. These violations often carry significant fines and can result in points being added to the driver's record.
Below are the most common major traffic violations in Florida:
Driving With a Suspended License
Driving with a suspended license is a prevalent and significant traffic violation in Florida. According to Florida Statutes Section 322.03, all drivers in the state must possess valid licenses to operate a vehicle on public roads. If caught driving with a suspended license, individuals may face fines or criminal charges, depending on the circumstances.
The severity of the offense depends on the number of prior convictions. For a first offense, driving with a suspended license is considered a second-degree misdemeanor. Penalties for this offense may include a maximum of 60 days imprisonment, six months probation, and up to $500 fine.
Meanwhile, a second offense can be charged as a first-degree misdemeanor, resulting in a fine of up to $1,000 and a maximum of one year in jail.
If a person is convicted of driving with a suspended license for the third time or more, it is considered a third-degree felony. Penalties for this offense may include a fine of up to $5,000 and a maximum of five years in prison.
Speeding
In Florida, speeding is a traffic violation that can be violated through the absolute speed limit law, presumed speed limit law, and basic speed law.
Under the absolute speed limit law, any driver who exceeds the permitted or posted speed limit violates the law. Meanwhile, the presumed speed limit burdens the driver to prove that their speed is safe for the road and traffic conditions if they exceed the posted speed limit.
Furthermore, the basic speed law, as outlined in Florida Statutes Section 316.183, prohibits driving at unreasonable or imprudent speeds considering the existing hazards.
If caught speeding in Florida, the financial penalty ranges from a modest $25 fine to a substantial amount exceeding $500, particularly in areas such as school or construction zones. Additionally, violators may have points added to their driving records, which could lead to license suspension if enough points are accumulated.
Driving Under the Influence/Driving While Intoxicated
Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious traffic violation in Florida.
Florida Statutes Section 316.193 defines DUI as operating a vehicle while under the influence of alcohol, drugs, or controlled substances to the extent that it impairs their normal faculties. It also includes having a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
The penalties that violators face for this violation vary depending on the offense and the individual's prior records.
For a first conviction, the penalties include a fine ranging from $500 to $1,000, imprisonment for up to six months, probation not exceeding one year, and a mandatory 50 hours of community service or an additional fine.
The second conviction results in higher fines, up to nine months imprisonment, and mandatory placement of an ignition interlock device for at least one year.
Meanwhile, a third conviction is a third-degree felony with increased fines, imprisonment, and mandatory ignition interlock device placement for at least two years. Finally, fourth or subsequent convictions carry even more severe penalties as a third-degree felony.
Reckless Driving
Reckless driving is a grave traffic violation in Florida. As per the Florida Statutes Section 316.192, it is described as operating a vehicle with a deliberate disregard for the safety of individuals or property. This includes excessive speeding, weaving through traffic, racing, passing in no-passing zones, and ignoring weather conditions.
If found guilty of this violation, individuals may face imprisonment for up to three months, a fine ranging from $25 to $500, or both for a first conviction. Subsequent convictions carry heavier penalties, with a potential imprisonment period of up to six months and a fine from $50 to $1,000, or both.
If the violation results in property damage or harm to others, it is considered a first-degree misdemeanor, punishable by imprisonment or a fine, as determined by Florida law.
However, if reckless driving results in serious bodily injury to someone, it is elevated to a third-degree felony, subjecting the offender to imprisonment and a fine under Florida law.
Driving Without Auto Insurance
Under Florida Statutes Section 324.022, all vehicles registered in the state must possess a minimum amount of insurance coverage. This includes $10,000 in personal injury protection (PIP) coverage and $10,000 in property damage liability (PDL) coverage.
In line with this, driving without auto insurance is considered a violation in Florida, which is subject to penalties.
First-time offenders may face fines starting at $150, with the potential for increased fines up to $500 for repeat offenders. Additionally, individuals caught driving without insurance may have their driving privileges and vehicle registration suspended until they provide proof of insurance.
Disregarding Traffic Signs or Devices
Disregarding traffic signs or devices in Florida is a serious traffic violation. It encompasses actions such as running through stop signs or red lights, making illegal turns or U-turns, disregarding flashing light indicators, ignoring temporary signs, and infringing on pedestrian thoroughfares.
The penalties for these violations depend on the specific offense committed. For instance, running a red light carries a base fine of $158, but it can vary per county. Beyond monetary penalties, these violations can lead to points on the driving record.
Leaving the Scene of Accident
Leaving the scene of an accident in Florida is considered a serious traffic violation. Commonly known as a hit and run, this offense carries significant penalties.
When no injuries are involved, the guilty party can be charged with a second-degree misdemeanor and potentially face a fine of up to $500.
However, if the accident resulted in injuries, the consequences become much more severe. In such cases, the individual can be charged with a third-degree felony, which carries the possibility of up to five years in prison and fines reaching $5,000
Street Racing
Florida law seriously treats street racing as a dangerous and unlawful activity. The state recognizes the grave risks it poses to the participants, innocent bystanders, and other road users.
Florida has implemented stringent measures to deter street racing and hold offenders accountable for their actions. Violators can expect significant consequences, including substantial fines, potential imprisonment, and other punitive measures.
The penalties for engaging in street racing vary depending on the frequency of the offense. Offenders can be subject to fines ranging from hundreds to thousands of dollars. Moreover, their driver's license can be revoked for up to a year for a first-time offense. Repeat offenders face the possibility of longer license suspensions and even incarceration.
In addition to these penalties, vehicles involved in street racing may be impounded, further compounding the consequences for those who disregard the safety of Florida's roads.
How Does Florida's DMV Point System Work?
Like many other states, Florida utilizes a point system to monitor and track traffic violations. These points are assigned to individuals when they receive tickets for various traffic infractions. The severity of the violation determines the number of points assigned.
Driving less than 15 MPH over the speed limit, running a stop sign, and other minor moving violations can result in a penalty of three points. Meanwhile, more serious moving violations, like exceeding the speed limit by 15 MPH or more, running a red light, or engaging in reckless driving, carry a penalty of four points.
On the other hand, the most severe violations, such as leaving the scene of an accident or causing bodily harm through moving violations, result in a penalty of six points.
For more information regarding the specific point given to a traffic violation, refer to this list of all traffic violations in Florida and their point values.
Penalties For Accumulating Points in Florida Driving Record
Accumulating too many points within a specified timeframe can lead to penalties in Florida.
If an individual amasses 12 points within 12 months, their license may be suspended for 30 days. For 18 points within 18 months, the suspension period extends to 3 months. Lastly, accumulating 24 points within 36 months results in a 12-month license suspension.
If a driver commits 15 violations that result in points or three major offenses within five years, their license will be revoked. Furthermore, having points on one's driving record can increase insurance rates, as insurance companies view individuals with more points as higher risks.
Florida Basic Driver Improvement Course
Typically, points remain on a Florida driving record for 36 months or three years. However, individuals can complete a Basic Driver Improvement (BDI) course to reduce their points.
A BDI course lets individuals keep points off their record, minimize fines, and prevent insurance rate hikes. It can be taken online or in a classroom setting and typically lasts four hours. However, individuals can only take this course once within 12 months and no more than five times in their lifetime.
For a list of approved BDI course providers in Florida, navigate the Basic Driver Improvement page on the official FLHSVM website.
What Is the Process for Handling Traffic Tickets in Florida?
In Florida, individuals issued a traffic citation can handle it by paying the fine, enrolling in a driver improvement course, or contesting the citation. Each option has specific procedures that require careful navigation to guarantee compliance with state regulations and mitigate potential consequences.
Pay the Ticket
When handling a traffic ticket in Florida, individuals can pay the civil penalty directly to the Clerk of Court. This step can be done by visiting the clerk's office in the county where the violation occurred. To find the exact address and contact number of a specific county's Clerk of Court, refer to the Locations page on the FLHSMV website.
For those who prefer to save time and pay the traffic fine online, the Pay FL Clerk platform is available.
In some instances, individuals may be required to provide proof of compliance to the Clerk of Court, such as showing a valid driver's license or registration certificate, in addition to making the payment. This requirement applies specifically to violations such as an expired driver's license or tag, failure to display a valid driver's license, or failure to display a valid registration.
Note that paying the civil penalty is considered an admission of guilt, and points will be assessed to the driver's record accordingly.
Take a Driver Improvement Course
Individuals facing a traffic citation in Florida can handle it by enrolling in a driver improvement course within 30 days of the citation.
By choosing this course, individuals may benefit from an 18% reduction in citation fees and the possibility of withholding points on their driving record. However, as mentioned above, individuals can only select the driver improvement course up to five times in their lifetime.
To pursue this option, one must contact the Clerk of the Court in the county where the citation was issued, enroll in the Basic Driver Improvement Course, and pay the reduced fine and any additional fees imposed by the Clerk of the Court. Once the course is completed, individuals must present the certificate of completion to the Clerk of Court where the election was made.
Contest the Ticket
Contesting a traffic violation ticket in Florida is available to individuals who believe they are not guilty.
To initiate this process, one must schedule a hearing by contacting the Clerk of Court in the county where the ticket was issued.
When waiting for the hearing date, gathering evidence supporting the individual's claim, such as photographs, witness statements, or other relevant documentation, is crucial. Seeking guidance from a traffic ticket lawyer is also advisable to guarantee an effective case presentation.
On the day of the hearing, it is essential to organize the evidence and present the case clearly. If one successfully proves their innocence or challenges the ticket's validity, the ticket may be dismissed, and no points will be added to their driving record. However, additional penalties, fines, or court costs may be imposed if found guilty.
How Are Accident Reports Handled in Florida?
Accident reports are crucial documents following a vehicle crash in Florida. These provide essential information for insurance claims and legal proceedings.
Law enforcement must be summoned to the scene if the accident involves a death, injury, a fleeing party, suspected alcohol influence, vehicle towing, or property damage exceeding $500. Even if these conditions are not met, filing a report with the FLHSMV within ten days of the incident is advisable.
Typically, accident reports cover details such as the crash's date, time, location, and description of the involved vehicles. These also list the names and addresses of all parties, including drivers, passengers, and witnesses. Additionally, the investigating officer's name and badge number and the insurance details of the involved parties are included.
Accident reports are not publicly obtainable initially. During the first 60 days, access is restricted to involved parties, their legal representatives, insurance companies, law enforcement officials, and media outlets. After this period, reports become more broadly available.
Note that these reports are pivotal in insurance processes. They serve as evidence for claims and can influence premium adjustments if the policyholder is at fault. Moreover, these reports can be used in court to resolve disputes and ascertain liabilities.
What Should Drivers Know about Traffic-Related Arrests in Florida?
There are various reasons for traffic-related arrests in Florida. These include moving violations such as DUI, reckless driving, driving with a suspended license, etc.
When an individual is suspected of these violations, a law enforcement officer will initiate a traffic stop based on observed violations or suspicious behavior.
During the traffic stop, the officer may conduct field sobriety tests, request a breathalyzer test, or gather evidence to support an arrest if they suspect a violation or impairment. If the officer determines probable cause, they can handcuff the driver and transport them to a police station or county jail.
During an arrest, drivers can refuse to answer questions, consult an attorney, and require information from law officers regarding the nature of the charges against them.
Potential consequences of traffic-related arrests in Florida include:
- Criminal charges
- Fines
- Probation
- License suspension
- Mandatory DUI programs
- Imprisonment
Furthermore, arrests can have emotional and personal consequences, damaging relationships and reputations. Certain professions, such as commercial drivers or those requiring security clearances, may also be negatively impacted by a traffic-related arrest.
After an arrest, it is highly recommended to seek assistance from an experienced criminal defense attorney specializing in traffic-related offenses. They can help guide arrested parties through the legal process and explain potential defenses during hearings.
Depending on the nature of the offense, participating in rehabilitation programs or counseling may also be beneficial in mitigating potential consequences.