- Dorothy Naumann
- Indian River County, FL
Civil traffic infractions versus criminal traffic offenses
Florida Statute 318.13 distinguishes between civil traffic infractions and criminal traffic offenses. A civil infraction results in a fine but not a criminal record or jail time. A criminal traffic offense is prosecuted in county court as a misdemeanor or in circuit court as a felony and can result in incarceration and a permanent criminal record.
Common civil infractions include speeding, failure to stop at a red light, and improper lane change. Common criminal traffic offenses include driving under the influence, reckless driving, driving with a suspended license, and leaving the scene of an accident involving injury or death.
Leaving the scene of an accident under Florida law
Florida Statute 316.061 requires that a driver involved in a crash resulting in damage to a vehicle or property stop at the scene, give information, and render aid if necessary. Leaving the scene of a crash involving only property damage is a second-degree misdemeanor.
Florida Statute 316.027 addresses leaving the scene of a crash involving injury or death. Leaving the scene of a crash involving non-serious bodily injury is a third-degree felony. Leaving the scene of a crash involving serious bodily injury is a second-degree felony. Leaving the scene of a crash involving death is a first-degree felony, carrying a maximum of thirty years in state prison.
Vehicular homicide under Florida Statute 782.071
Florida Statute 782.071 defines vehicular homicide as the killing of a human being caused by the operation of a motor vehicle by another in a reckless manner likely to cause death or great bodily harm. Vehicular homicide is a second-degree felony, carrying a maximum of fifteen years.
If the driver knew or should have known that the crash occurred and failed to stop and render aid, the offense is reclassified to a first-degree felony, carrying a maximum of thirty years. DUI manslaughter under Florida Statute 316.193(3)(c)3 is a separate offense that applies when a DUI results in the death of another person.
Racing on highways under Florida Statute 316.191
Florida Statute 316.191 makes it unlawful for any person to race any motor vehicle upon a street or highway of this state. Street racing is a first-degree misdemeanor for a first conviction and a third-degree felony for subsequent convictions.
Florida Statute 316.191(3)(b) provides that a person convicted of street racing whose participation in the race was the proximate cause of serious bodily injury to another person commits a second-degree felony. When street racing results in death, the conduct may support vehicular homicide or DUI manslaughter charges depending on the circumstances.
Frequently asked questions
What is the difference between a traffic infraction and a criminal traffic offense in Florida?
Under Florida Statute 318.13, a civil traffic infraction results in a fine but no criminal record. A criminal traffic offense is prosecuted as a misdemeanor or felony and can result in jail time, a criminal record, and license consequences.
Is leaving the scene of an accident a felony in Florida?
It depends on the circumstances. Leaving the scene of a crash involving only property damage is a misdemeanor. Leaving the scene of a crash involving serious bodily injury is a second-degree felony. Leaving the scene of a crash involving death is a first-degree felony under Florida Statute 316.027.
What is vehicular homicide in Florida?
Florida Statute 782.071 defines vehicular homicide as killing a person through reckless vehicle operation. It is a second-degree felony, elevated to a first-degree felony if the driver failed to stop and render aid after the crash.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.