Traffic & Driving Offenses – The Law Office of Richard Moncada P.A.

Traffic and Driving Offenses in Florida

Traffic and driving offenses in Florida can carry both criminal penalties and administrative consequences affecting driving privileges. These charges are frequently prosecuted in county court as well as Circuit court and may result in jail exposure, fines, probation, license suspension, and increased insurance costs depending on the severity of the offense.

DUI (Driving Under the Influence)

DUI (link) is governed by Florida Statute § 316.193 and criminalizes driving or being in actual physical control of a vehicle while impaired or with a blood-alcohol level of 0.08 or higher. DUI cases involve both criminal prosecution and administrative license suspension proceedings through the Florida Department of Highway Safety and Motor Vehicles.

Driving While License Suspended or Revoked (DWLS)

DWLS is defined under Florida Statute § 322.34. Depending on prior convictions and knowledge of the suspension, DWLS may be charged as a misdemeanor or felony.

Misdemeanor DWLS involves driving on a suspended license with no prior convictions for DWLS.
Felony DWLS applies if the driver has a prior DWLS conviction or if the driver was caught driving while their license was revoked due to a DUI conviction.

Reckless Driving

Reckless Driving, governed by Florida Statute § 316.192, involves driving with willful or wanton disregard for the safety of persons or property. Enhanced penalties may apply if property damage or injury occurs.

Reckless driving can result in:

Misdemeanor charges, punishable by fines and/or up to 90 days in jail.
If the driver caused injury or death, the charge may be enhanced to felony reckless driving.

Leaving the Scene of an Accident

Leaving the Scene of an Accident is addressed under Florida Statutes §§ 316.061–316.027. Penalties vary depending on whether the crash involved property damage, injury, or death, with felony exposure in serious injury or fatality cases.

Leaving the Scene with Property Damage is typically charged as a misdemeanor.
Leaving the Scene with Injury or Death is a felony and can carry significant prison time, especially if the driver has a prior history or the injury was severe.

Racing on Highways

Racing on Highways is governed by Florida Statute § 316.191 and prohibits participating in, coordinating, facilitating, or knowingly attending unlawful street racing or speed competitions. Depending on the circumstances, racing charges may result in misdemeanor penalties, mandatory fines, vehicle impoundment, license revocation, and potential jail exposure. Repeat offenses and racing involving injury or property damage can result in enhanced penalties.

Traffic-Related Offenses

Traffic-related offenses in Florida often involve body-camera footage, crash reports, field investigations, and administrative license consequences. Early review of evidence and procedural compliance is critical to protecting driving privileges and minimizing criminal exposure.