Criminal Traffic Offenses in Florida

Introduction

Criminal traffic offenses range from driving with a suspended license to reckless driving to leaving the scene of an accident. What distinguishes criminal traffic charges from civil violations is that they carry potential jail time and are recorded as criminal convictions. A single DWLS charge might seem minor, but repeat offenses escalate rapidly, and the collateral consequences—difficulty obtaining employment, housing, professional licensing—persist long after the legal penalties end.


The critical threshold in many traffic cases is knowledge and intent. Did you know your license was suspended, or were you unaware? Was your driving merely inattentive, or was it genuinely reckless? Did you knowingly leave the scene of an accident, or were you unaware that an accident had occurred? These distinctions matter tremendously. At The Law Offices of Anabelle Dias, P.A., we challenge knowledge elements, negotiate reductions in charges, and help clients preserve their driving privileges and employment prospects.

Criminal traffic offenses in Leon County are prosecuted in the Second Judicial Circuit and can result in jail time, felony convictions, and long-term license consequences. Whether your case involves the Tallahassee Police Department, Leon County Sheriff's Office, or Florida Highway Patrol, our office at 521 North Adams Street provides experienced defense representation for all criminal traffic matters.


Related Practice Areas

Fleeing & Eluding | DUI Defense | Early Termination of Probation

Types of Charges

Driving With a Suspended License (DWLS) (Florida Statute § 322.34)

DWLS is operating a motor vehicle with a license that has been suspended or revoked. The statute distinguishes between DWLS \"with knowledge\" (a criminal offense) and DWLS \"without knowledge\" (a civil traffic infraction). A person commits DWLS with knowledge when they operate a motor vehicle knowing their license is suspended or revoked. If you were unaware of the suspension, the offense is not criminal but a civil violation.


First Offense DWLS with Knowledge: Second-degree misdemeanor, punishable by up to 60 days in jail and up to $500 in fines.


Second Offense DWLS with Knowledge (within 5 years): First-degree misdemeanor, punishable by up to 1 year in jail and up to $1,000 in fines.


Third or Subsequent Offense DWLS with Knowledge (within 5 years), or Habitual Traffic Offender: Third-degree felony, punishable by up to 5 years in prison.


DWLS Causing Death or Serious Bodily Injury: Second-degree felony, punishable by up to 15 years in prison.


The knowledge element is crucial. If you genuinely didn't know your license was suspended, the charge should be a civil infraction, not a crime. We investigate how notice of suspension was provided, whether mailing addresses were correct, and whether you took reasonable steps to ascertain your license status.


Reckless Driving (Florida Statute § 316.192)

Reckless driving is driving a motor vehicle in willful or wanton disregard for the safety of persons or property. Reckless driving is more than negligence or inattention—it requires willful or wanton conduct, a conscious disregard for consequences. A momentary distraction is not reckless driving; repeatedly weaving through traffic at 30 mph over the speed limit while texting is.


Basic Reckless Driving: Second-degree misdemeanor, punishable by up to 60 days in jail and up to $500 in fines.


Reckless Driving Causing Serious Bodily Injury (Florida Statute § 316.192(3)): Third-degree felony, punishable by up to 5 years in prison.


The distinction between ordinary negligence and reckless conduct is fact-dependent and frequently litigated. We examine the circumstances carefully to challenge whether the driving was truly reckless or simply negligent.


Racing on Highways (Florida Statute § 316.191)

Racing on highways—operating a motor vehicle in a race, speed competition, or performance trial on public roads—is a second-degree misdemeanor. The conduct involves intentional participation in racing with others, not merely exceeding the speed limit. Convictions can result in license suspension and substantial fines.


Hit and Run / Leaving the Scene of an Accident (Florida Statutes § 316.027, § 316.061)

Hit and run charges depend on the severity of the accident:


Property Damage Only: You must leave a note with your name and address, or exchange insurance information with the other party. Failure to do so is a first-degree misdemeanor.


Injury to Another Person: You must provide your name, address, and vehicle registration, and render reasonable assistance. Failure to do so is a third-degree felony.


Death: Causing death and leaving the scene (without knowing an accident occurred) is a second-degree felony; if you knew an accident occurred and left, it can be prosecuted as a more serious felony.


The knowledge element is critical. You must have known an accident occurred and that you were involved. If you truly didn't realize you were in an accident—perhaps a minor tap that you didn't perceive—the knowledge element may fail. Similarly, if you stopped at the scene or rendered assistance, leaving later may not constitute the crime.


How Penalties Are Determined

Traffic offense penalties depend on the specific offense and circumstances:


Prior Traffic Violations: Repeat DWLS offenses escalate from misdemeanor to felony. Prior reckless driving or racing convictions influence sentencing.


Injury or Death: Hit and run offenses escalate dramatically if injury or death resulted. Reckless driving escalates to felony if serious bodily injury resulted.


License Status: For DWLS, whether you had prior suspensions and whether you knew of the suspension are critical factors.


Accident Severity: For hit and run, the severity of the accident—property damage only, injury, or death—determines the charge level.


Professional License Requirements: Many professions require a valid driver's license. A criminal traffic conviction can result in loss of professional licenses.


Collateral Consequences

Traffic offense convictions carry consequences beyond criminal penalties:


- License Suspension: Criminal convictions typically result in driver's license suspension, further exacerbating employment and practical problems.

- Insurance: Convictions result in substantially increased auto insurance premiums or loss of coverage entirely.

- Employment: Many employers require a valid driver's license; criminal traffic convictions can result in job loss or inability to be hired.

- Professional Licensing: Occupations requiring a driver's license (trucking, taxi, delivery, many others) become unavailable.

- Supervised Release: Many traffic convictions result in supervised release with conditions including license restrictions or ignition interlock devices.


Defense Strategies

Traffic cases offer several defense opportunities:


Knowledge in DWLS Cases: We challenge whether you actually knew your license was suspended. If notice was not properly provided, or if you took reasonable steps to determine your status, the knowledge element may fail. We investigate how the Florida Department of Highway Safety and Motor Vehicles provided notice and whether mailing addresses were correct.


Hardship License Eligibility: In some DWLS cases, we seek hardship licenses or conditional licenses that permit driving for essential purposes (work, school, medical). This can mitigate the practical impact and sometimes affects prosecutorial discretion.


Reckless Driving Standard: We challenge whether the driving was truly willful or wanton disregard, or merely negligence. Evidence of ordinary driving conduct, compliance with traffic rules otherwise, and absence of intent to disregard safety can support this challenge.


Hit and Run Knowledge: In hit and run cases, we examine whether you truly knew an accident had occurred. Minor impacts may not register awareness; we investigate the circumstances and examine whether a reasonable person would have known.


Causation in Reckless Driving Causing Injury: If serious bodily injury resulted, we examine whether your driving actually caused the injury or whether intervening causes (victim's own conduct, mechanical failure, other drivers) broke the causal chain.


Negotiation: Many traffic offenses resolve through plea negotiations. Reducing a felony DWLS to a misdemeanor, or a second-degree misdemeanor to a civil infraction, can significantly impact consequences. Early negotiation often produces favorable results.


License Reinstatement: We assist clients in understanding reinstatement requirements and pursuing license restoration once eligible, which can be critical for employment and independence.


What to Do Next

If you've been charged with a criminal traffic offense, prompt legal action is important. DWLS charges escalate with each offense; reckless driving allegations require careful factual investigation; hit and run cases demand thorough examination of the accident circumstances. The difference between criminal and civil treatment, or between misdemeanor and felony charges, can depend on details that require immediate investigation. The Law Offices of Anabelle Dias, P.A., has experience defending traffic offenses throughout Tallahassee and the Second Judicial Circuit. We'll work to minimize charges, preserve your driving privileges, and protect your employment prospects.


Contact us today for a confidential consultation.


Common Questions About Criminal Traffic Offenses in Florida

  • Can driving with a suspended license be a felony in Florida?

    Yes. While a first offense DWLS with knowledge is typically a second-degree misdemeanor, a third or subsequent offense within five years — or driving after being declared a Habitual Traffic Offender — is a third-degree felony punishable by up to 5 years in prison. If driving with a suspended license causes death or serious bodily injury, the charge can be a second-degree felony. Many people do not realize that DWLS can escalate to felony status.

  • What is the difference between criminal and civil DWLS?

    The difference is knowledge. If you knew your license was suspended and drove anyway, the offense is criminal (DWLS "with knowledge"). If you were unaware of the suspension, it is a civil traffic infraction (DWLS "without knowledge"). The knowledge element is often the most contested issue in DWLS cases. How the Florida Department of Highway Safety and Motor Vehicles provided notice, whether your address was current, and whether you took reasonable steps to check your license status all matter.

  • Is reckless driving a felony in Florida?

    Basic reckless driving is a second-degree misdemeanor. However, if reckless driving causes serious bodily injury, the offense may be charged as a third-degree felony under § 316.192(3), punishable by up to 5 years in prison. The distinction between ordinary negligence and reckless driving — willful or wanton disregard for safety — is frequently litigated and depends heavily on the specific facts.

  • What should I do if I left the scene of an accident?

    If you left the scene of an accident, the consequences depend on whether there was property damage only, injury, or death. Leaving the scene of a crash involving injury is a third-degree felony; leaving the scene of a fatal crash can be a first- or second-degree felony depending on knowledge. The critical question is whether you knew an accident had occurred. If you genuinely did not realize a crash happened, the knowledge element may fail. Contact an attorney immediately — early investigation of the circumstances can be critical to your defense.

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