Criminal Traffic Offenses

Got a criminal traffic ticket while on vacation? Depending on the charge and the court, your lawyer may be able to appear for you.

A criminal traffic charge comes with a court date, not just a fine. A conviction becomes part of a criminal record, and many also affect the driver's license.

Common Criminal Traffic Charges

• DUI: including First-Time DUI, DUI Refusal, and Under-21 DUI

• Driving While License Suspended: from a civil infraction up to a felony, depending on knowledge and prior convictions

• Leaving the Scene: a misdemeanor for property damage, and a felony when someone is injured

• Fleeing & Eluding: a felony with a mandatory license revocation

• Reckless driving: willful or wanton disregard for safety. Sometimes it's the charge itself, and sometimes it's a negotiated reduction from DUI.

• Dangerous excessive speeding: since July 1, 2025, driving 50+ mph over the limit, or 100+ mph in a way that endangers others, is a crime, with possible jail and, for a repeat offense, license revocation.

• No valid driver's license and related licensing offenses

Penalties at a glance

Driving while license suspended (§ 322.34): without knowledge, a noncriminal moving violation. With knowledge, a first offense is a second-degree misdemeanor (up to 60 days in jail) and a second is a first-degree misdemeanor (up to 1 year). A third or later offense carries a 10-day jail minimum, and becomes a third-degree felony (up to 5 years) if the current or most recent prior suspension was for DUI, a test refusal, a crash causing death or serious bodily injury, or fleeing. Driving as a habitual traffic offender is a third-degree felony.
Suspended only for unpaid fines or child support: for people with no prior forcible felony, § 322.34(10) keeps a knowing suspended-license charge at the misdemeanor level.
No valid driver's license (§ 322.03): a first offense is a second-degree misdemeanor; a second is a first-degree misdemeanor; a third or later is a first-degree misdemeanor with a 10-day jail minimum.
Reckless driving (§ 316.192): up to 90 days and a $25 to $500 fine for a first conviction; up to 6 months and a $50 to $1,000 fine for a second. Causing property damage or injury makes it a first-degree misdemeanor; causing serious bodily injury makes it a third-degree felony.
Leaving the scene (§§ 316.061, 316.027): property damage only is a second-degree misdemeanor. With injury, it is a third-degree felony; with serious bodily injury, a second-degree felony; with a death, a first-degree felony with a 4-year minimum. Crashes with injury or death also bring a license revocation of at least 3 years.
Fleeing or eluding (§ 316.1935): failing to stop or fleeing a marked patrol car is a third-degree felony. Fleeing at high speed or with wanton disregard, or aggravated fleeing, is a second-degree felony. Causing serious bodily injury or death is a first-degree felony with a 3-year minimum. The court cannot withhold adjudication, and the license is revoked for 1 to 5 years.

What the State has to prove

Each charge has its own elements. For a knowing suspended-license charge, the State must prove you knew your license was suspended. For reckless driving, it must prove a willful or wanton disregard for safety, not just a traffic mistake. For leaving the scene, it must prove you knew or should have known a crash happened.

Possible defenses

Depending on the facts, defenses may include:

No knowledge of a suspension, which can turn a crime into a noncriminal violation.
Clearing the suspension or getting a valid license before court, which may help resolve the case.
Driving that was careless but not reckless.
No knowledge of a crash, or proof that you stopped and gave the required information.
An unlawful stop. If the officer had no lawful reason to stop you, evidence from the stop may be suppressed.

Frequently asked questions

Do I have to go to court for a criminal traffic ticket? Usually yes. Criminal citations commonly require an appearance. Check your paperwork, and talk to a lawyer before the date.

Can a suspended-license charge be reduced? Often the first step is finding out why the license was suspended and whether it can be reinstated. That can change the options.

Why It's Worth Defending

Depending on the facts, some criminal traffic cases may be resolved without a conviction, through dismissal, a reduction, getting the license reinstated before court, or Pretrial Diversion where available. The right approach depends on the driving record and the facts of the stop.

Call or text 407-846-8008 for a free consultation.

Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.