Common Florida Traffic Violations


Law enforcement officers in Florida write 700,000 speeding tickets each year. Speeding tickets are only one type of traffic offense in the State of Florida. Whether you’re charged with a traffic offense or you’re in an accident, you may need to learn about Florida traffic violations. Here are some common traffic violations from our Florida car accident attorneys.


Florida Revised Statutes 316.183

In Florida, the seriousness of a speeding offense depends on how many miles you are over the speed limit. Each local court sets its own fine schedule. Unfortunately, Miami has some of the highest fines in the State of Florida. If the police accuse you of driving 30 or more miles over the speed limit, they may order you to appear in court instead of having the option to pay the ticket.

Reckless Driving

Florida Revised Statutes 316.192

Reckless driving is operating with willful or wanton disregard for the safety of others. Fleeing law enforcement in a motor vehicle is always reckless driving in Florida. A first offense is punishable by up to 90 days in jail. When an accident occurs that involves bodily injury or property damage, the offense may be a serious misdemeanor or a felony.

Following Too Closely

Florida Revised Statutes 316.0895

A following too closely violation occurs when a driver doesn’t leave enough room for the vehicle in front of them. There isn’t a certain amount of feet that you have to leave for the car in front of you unless you’re driving a truck. Instead, the requirement is to leave as much space as is reasonable and prudent. If the vehicle in front of you stops suddenly, you must have enough space between you and them to come to a stop safely. A violation of the following too closely law is a non-criminal traffic infraction.

Disobey Stop Sign/Failure to Yield the Right of Way

Florida Revised Statutes 316.123

The right of way on the road may be indicated by a stop sign or a yield sign. Florida law requires all drivers to stop at a stop sign before they proceed through a stop sign. In addition, a driver may not proceed into an intersection until other drivers who have the right of way are clear. At a four-way stop, the first vehicle to stop is the first vehicle to go into the intersection.

Driving Under the Influence/Drunk DrivingFlorida Traffic Violation

Florida Revised Statutes 316.193

The legal limit in Florida is .08. Drunk driving can also be based on driving under the influence of alcohol or a controlled substance. A first offense is punishable by up to six months in jail. A second offense is punishable by up to nine months in jail. There are more severe penalties if you cause bodily injuries. There are also significant penalties and sanctions that may apply to your driver’s license.

Fleeing the Scene of an Accident

Florida Revised Statutes 316.061, 316.062, 316.063

When an accident occurs, each driver has an obligation to exchange information with the driver and any injured party. They must also render medical aid and notify law enforcement of the crash. Fleeing the scene of an accident is a violation of Florida traffic law.

Seat belt violations

Florida Revised Statutes 316.614

Florida law requires seat belt use for everyone under age 18 in a motor vehicle. In addition, everyone in the front seat must wear a seat belt. There are a few exceptions to seat belt laws like a person with a medical condition and postal carriers.

Burnt out Headlight or Taillight

Florida Revised Statutes 316.221

Every driver in Florida has an obligation to keep their vehicle in working order. That means having headlights and taillights that work at all times. Driving with a burnt out headlight or tail light is a non-criminal traffic infraction in Florida. The law gives specifics of how many lights need to be on the vehicle, what directions they need to shine, and how bright they need to be. Almost all vehicles that you can buy today come equipped with headlights and taillights that comply with the law.

Does a Speeding Ticket Go on Your Record?

Yes, a speeding ticket goes on your record. Any speeding ticket goes on your driving record. In most states, a speeding ticket is a civil infraction, so it doesn’t go on your criminal record. However, if your violation is from a state where a speeding ticket is a misdemeanor instead of a civil infraction, it may appear on both your criminal record and your driving history.

Can You Go to Jail for Traffic Violations?

Yes, you can go to jail for traffic violations. Some types of traffic offenses are criminal offenses. Drunk driving is an example. Each jurisdiction has its own set of traffic violations that have the possibility of jail time. To determine whether you can go to jail for a particular traffic violation, you need to research the possible penalties in the location where the offense occurs.

Burden of Proof for Florida Traffic Violations

The burden of proof for Florida traffic violations is beyond a reasonable doubt. The state has the burden to prove beyond a reasonable doubt that you’re guilty of the traffic offense. The burden in the State of Florida is higher than it is in states that use the lower preponderance of the evidence standard for traffic offenses. Florida Revised Statutes 318.14 states the burden of proof for non-criminal traffic infractions in the State of Florida.

Contact Our Miami Attorneys for Car Accidents Involving Traffic Violations

Have you been in a car accident? Are you wondering how a traffic violation might impact your car accident claim? You have rights. If the other party is accused of violating a traffic law, it can have an impact on your car accident case. Even if you’re accused of violating a traffic law, you may deserve compensation under Florida law.

Our attorneys are experienced in handling all types of car accident claims. We can help you investigate your case and how a traffic infraction may impact your claim. The team at Bernstein & Maryanoff is dedicated to helping you get the full compensation that you deserve under Florida law. Call us today for a free consultation.