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Traffic Violations - Hale & Hale, P.A.

Traffic Violations

Orlando Defense Attorney for Serious Traffic Violations

Criminal charges for traffic-related violations in Florida can arise from underlying traffic citations or from crimes associated with driving. Common criminal traffic offenses in Florida can include:

If you have been charged with numerous traffic offenses, or if you have committed a serious traffic crime, you can receive harsh punishments, including jail or prison time, fines, and/or driver’s license suspension or permanent revocation.

Orlando Traffic Lawyer

The attorneys at Hale, Hale & Jacobson can help you learn more about your traffic charge and assist you in finding the best possible outcome for your situation in the Orlando, Florida area. If you do not hire an experienced criminal defense attorney, you may face severe consequences. Contact Richard O. Hale or Maria D. Hale, of Hale, Hale & Jacobson, P.A. at (407) 425-4640 for a consultation today.


Florida Traffic Violation Information Center


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Florida’s Point System

Florida has a driving point system, where certain points are assigned to each traffic violation, depending on the offense, and how serious it is. A person’s driver’s license can be suspended or revoked for incurring too many point within a specified time period. The following is a list of the different offenses that incur points, and the assignment of points for each offense if a traffic ticket is merely paid, and not dismissed:

  • Crash caused by a speeding violation – 6 points
  • Leaving the scene of a crash with more than $50 in property damage – 6 points
  • Crash caused by any other moving violation – 4 points
  • Driving during restricted hours – 4 points
  • Passing a stopped school bus – 4 points
  • Reckless driving – 4 points
  • Running a red light – 4 points
  • Speeding more than 15 miles over the speed limit – 4 points
  • Child restraint violations – 3 points
  • Driver in possession of an open container – 3 points
  • Parking on a highway – 3 points
  • Speeding 15 miles or less over the speed limit – 3 points
  • Toll violations – 3 points
  • All other moving violations – 3 points

If any receives 12 points or more within one year, their license can be suspended for 30 days. If a person accrues 18 or more points within one year and a half, their license can be suspended for 90 days. Finally, if someone accumulates 24 points within three years, their license can be suspended for one year.

Attending traffic school after receiving a citation will negate the points for any offense that qualifies under the points system. However, a person can only attend traffic school once per year, and only five times within a ten year period. If someone wants to attend traffic school instead of receiving points, they will have to notify the clerk of court that they intend to go to traffic school for their traffic offense. Drivers with a commercial driver’s license cannot attend traffic school instead of receiving points.

Someone’s license that has been suspended due to too many points may be eligible to receive a hardship license if they complete a 12-hour Advance Driving Improvement course, pay the required fee for reinstatement, and any other additional fees the clerk may require.


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Common Traffic Violations in Florida

  • Reckless Driving under Florida Statutes § 316.192 is defined as a person who drives without regard or care for the safety of other drivers. Fleeing and eluding a police officer is considered per se reckless driving, which means if you flee from an officer while driving, it is automatically reckless driving.
  • Driving With a Suspended License is defined in Florida Statutes § 322.34 as anyone who drives on Florida’s roads with a license that has been suspended or revoked. These drivers can be found guilty of a moving violation, misdemeanor or felony depending on the reasons their license was suspended, the number of prior offenses, and the alleged offender’s knowledge of their suspended license.
  • Vehicular Manslaughter is caused by someone operating a motor vehicle negligently that results in the death of another person according to Florida Statutes § 782.07.
  • Vehicular Homicide under Florida Statutes § 782.071 is defined as the killing of another human by operating a motor vehicle in such a reckless way that is likely to cause bodily harm or death to another person.
  • Fleeing and Eluding is defined in Florida Statutes § 316.1935 as failing to stop when ordered to stop by a law enforcement officer, and the person failing to stop has knowledge that they have been ordered to stop. It can also be defined as attempting to flee or fleeing from an officer. Someone who commits this offense can be found guilty of a felony of the third degree.
  • Leaving the Scene / Hit and Run – Florida Statutes § 316.027 – Any person who is involved in a car accident that causes injury to another person must stop their vehicle and remain at the scene until they are permitted to leave. Anyone who does not do this, intentionally, commits a felony of the third degree. If someone causes death to another person from an automobile accident, and intentionally leaves the scene, they can be convicted of a felony of the first degree. Additionally, under Florida statutes § 316.061, if someone is involved in a car accident, and causes property damage or damage to another vehicle, and intentionally leaves the scene, they can be found guilty of a misdemeanor of the second degree.

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Habitual Traffic Offender Revocations

Florida’s laws provide for a permanent revocation, or a suspension for up to five years, for a person’s driver’s license that is considered a Habitual Traffic Offender. Under Florida Statutes § 322.264, a Habitual Traffic Offender is someone who has numerous criminal convictions for traffic offenses within a five year period.

A Habitual Traffic Offender can be someone who is convicted three or more times within a five year period of vehicular manslaughter, any felony using a motor vehicle, driving a motor vehicle with a suspended or revoked license, failing to stop and render aid at an accident resulting in death or bodily injury of another, any DUI violation, or driving a commercial motor vehicle with suspended privileges.

Someone can also be classified as a Habitual Traffic Offender if they have received fifteen or more convictions for traffic violations that are categorized under Florida’s point system within a five year period.


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Resources in Florida for Traffic Offenses

Florida Highway Patrol – The Florida Highway Patrol maintains law enforcement and traffic safety awareness and promotes safe driving throughout Florida. The FHP web site has information about traffic safety, how to pay traffic tickets, and other information related to driving in Florida. The Orlando office is located at:

FHP Orlando Office
133 S. Semoran Blvd., Suite A
Orlando, Florida 32807
Phone: (407) 737-2300

Florida Department of Highway Safety and Motor Vehicles – Orlando’s DHSMV provides information on Florida driver’s licenses, commercial motor vehicle drivers, fees, and vehicle registration. One location in Florida is:

Driver’s License Office
11764 E. Colonial
Orlando, Florida 32817
Phone: (407) 445-5462

Orange County Clerk of Courts Traffic Division – This site contains information on how to pay traffic citations in Orlando, driving schools, how to reinstate a driver’s license, and fines for various traffic violations. The clerk’s office is located at:

Orange County Clerk of Courts
425 N. Orange Avenue, Suite 410
Orlando, Florida 32801
Phone: (407) 836-2000

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Law Offices of Hale, Hale & Jacobson | Orlando Traffic Violation Attorney

Contact the law offices of Hale, Hale & Jacobson, P.A. today for a consultation about your traffic-related offense in Orlando, Florida. There may be defenses or other factors applicable in your case to have your charge reduced or even dismissed. Contact the attorneys at Hale, Hale & Jacobson, P.A. at (407) 425-4640 for a consultation about your traffic-related offense in Orange County and surrounding areas, including Seminole County, Osceola County, Orlando, Winter Park and Kissimmee.