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What Makes a Traffic Offense "Criminal" in Florida

Florida distinguishes between civil traffic infractions, such as speeding tickets, and criminal traffic offenses, which are prosecuted like other crimes and can result in a permanent record.

Common criminal traffic charges include:

  • Driving with a suspended or revoked license (Fla. Stat. § 322.34), which is generally a second-degree misdemeanor on a first offense, but escalates to a felony for a third offense with a mandatory jail sentence.
  • Reckless driving (Fla. Stat. § 316.192) is generally a first-degree misdemeanor, but it is a third-degree felony if it causes serious bodily injury.
  • Fleeing or eluding a law enforcement officer (Fla. Stat. § 316.1935) is generally a third-degree felony but can escalate to a first-degree felony depending on the circumstances of the pursuit.
  • Leaving the scene of a crash (Fla. Stat. § 316.027 and Fla. Stat § 316.061) is a crime with penalties that depend heavily on whether the crash involved property damage, injury, or death.
  • Vehicular homicide (Fla. Stat. § 782.071) is a second-degree felony that can become a first-degree felony if the driver failed to render aid or report the crash.

Common Defenses to Criminal Traffic Charges

  • Challenging the stop itself: Arguing the officer lacked reasonable suspicion or probable cause to initiate the stop.
  • Disputing knowledge of suspension: For a suspended license charge, the state generally must prove the driver knew their license was suspended, which is not always straightforward.
  • Questioning identification: In fleeing-and-eluding or hit-and-run cases, the state must prove the accused was the driver, a fact that can be contested through camera footage or witness testimony.
  • Medical or mechanical explanations: In reckless driving cases, evidence of a medical emergency or sudden mechanical failure may undercut the state's theory of willful or wanton disregard for safety.
Woman in car with police lights in the background

Potential Penalties for Criminal Traffic Offenses

Penalties vary widely depending on the specific charge, the driver's history, and whether anyone was injured. As a general framework:

  • Misdemeanor traffic offenses can carry up to a year in the county jail and fines, along with license suspension
  • Felony traffic offenses can carry state prison exposure and license revocation, with more serious consequences for repeat offenders or cases involving injury

According to Fla. Stat. § 775.082, Florida's general sentencing statute, first-degree misdemeanors carry up to one year in county jail, and felony maximums increase by degree, up to life imprisonment for a life felony.

Because these outcomes depend so heavily on the specific facts, an accurate assessment of exposure in any individual case requires a review of the citation, arrest report, and driving history.

What Happens After a Criminal Traffic Arrest in Hillsborough County?

Criminal traffic cases in Tampa proceed through the Thirteenth Judicial Circuit, generally following this sequence:

  1. Arrest or notice to appear, depending on the severity of the charge.
  2. First appearance, where bond and release conditions are set for in-custody defendants.
  3. Arraignment, where the charges are formally read, and a plea is entered.
  4. Discovery, including review of dash-camera or body-camera footage, citations, and any breath, blood, or accident-reconstruction evidence.
  5. Resolution, by negotiated plea, motion practice, or trial.
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Steps to Take If You're Facing a Criminal Traffic Charge in Tampa

  • Do not discuss the details of the stop or crash with anyone other than your attorney.
  • Preserve any dashcam, phone, or surveillance footage that may show what happened.
  • Request a copy of your driving record so your attorney can evaluate your history.
  • Attend all scheduled court dates or confirm with your attorney whether an appearance can be waived.
  • Speak with a criminal defense attorney before entering a plea, even for what seems like a minor charge.
Casey K. Carlson

Why Choose Carlson Hayslett, P.A., for Your Criminal Traffic Defense Case in Tampa, FL?

If you are facing criminal traffic charges, you could face serious penalties, but a strong defense can help protect your rights and driving privileges. Our experienced criminal traffic defense attorneys in Tampa understand the complexities of Florida traffic law and know how to examine the circumstances of your case, challenge the charges against you, and develop a defense strategy tailored to your situation.

At Carlson Hayslett, P.A., we are proud to have served our community for over 55 years. Our team offers a personalized, hands-on legal experience grounded in strong ethics and genuine client care. What distinguishes our firm includes:

  • Deep roots in the Tampa Bay and Clearwater legal communities
  • Extensive familiarity with local courts and the judges who preside over them
  • Leadership within the legal community, including involvement in the nomination of judges our clients now appear before
  • Recognition from respected legal organizations such as Super Lawyers, Florida Trial Lawyers, Martindale-Hubbell, and the Clearwater Bar Association

Let us advocate for you when you are facing serious criminal traffic charges. To schedule a free consultation, call 727-219-2272 or complete the form on this website today.

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Criminal Traffic FAQs

Will a criminal traffic conviction show up on a background check?

Can driving with a suspended license become a felony?

Is fleeing and eluding always a felony?

What should I do if I was involved in a crash and left the scene?

Do I need a lawyer for a first-time criminal traffic charge?

Will a criminal traffic conviction show up on a background check?

Yes. Unlike a civil infraction, a criminal traffic conviction generally becomes part of a person's permanent criminal record unless it is later sealed or expunged, which is not available for every offense.

Can driving with a suspended license become a felony?

Yes, particularly for habitual traffic offenders under § 322.264 who continue driving after their license has been revoked on that basis; the specific facts of a driver's history determine whether felony exposure applies.

Is fleeing and eluding always a felony?

Generally, yes. Fleeing and eluding a law enforcement officer under § 316.1935 is typically charged as a third-degree felony, with harsher classifications depending on the circumstances of the pursuit.

What should I do if I was involved in a crash and left the scene?

The consequences depend heavily on whether the crash involved only property damage or also injury or death. Speak with an attorney promptly, since these cases move quickly and evidence can be time-sensitive.

Do I need a lawyer for a first-time criminal traffic charge?

Even a first offense can result in a permanent criminal record and license consequences, so it is generally worth having an attorney evaluate the specific facts before deciding how to proceed.

Disclaimer

This page is provided for general informational purposes only and does not constitute legal advice. Every criminal traffic case depends on its own specific facts, and Florida criminal law is nuanced. Nothing on this page should be treated as a substitute for a case-specific consultation with a licensed attorney.

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