Florida law distinguishes between civil traffic infractions and criminal traffic violations, which are classified as a felony or misdemeanor. Civil traffic infractions are only punishable by a fine. Examples of civil traffic violations include a speeding ticket or a citation for running a red light.
Criminal traffic offenses including DUI, driving on a suspended license, leaving the scene of an accident, reckless driving and fleeing to elude. Other violations of the law that occur on the roadway are classified as criminal traffic offenses that are punishable by jail time.
Many of these criminal traffic cases involve an officer stopping a moving vehicle during a routine traffic stop, common legal issues include:
- contesting the legality of the stop;
- moving to exclude statements because the officer didn't read the Miranda warnings;
- showing the arresting officer didn't have probable cause that a crime occurred; and
- moving to suppress evidence seized illegally.