Is my Florida traffic ticket criminal or civil?

The same paper citation is used for a $60 lane-change ticket and for a misdemeanor that can carry jail, so many drivers do not realize which one they have until the deadline has passed. The difference controls everything that follows: whether the ticket can be paid, whether points can be avoided through school, whether a court date is required, and whether there will be a criminal record. How Mr. Mead handles criminal traffic charges is on our criminal traffic citations page. Civil tickets are covered on our traffic tickets page.

How do I tell which kind I have, step by step?

1. Find the statute on the citation. Every citation lists the statute charged. Look it up against the table below.
2. Look for a court date and a signature line. A person cited for a criminal traffic violation, or for an infraction that requires a mandatory hearing, "must sign and accept a citation indicating a promise to appear" (s. 318.14(2)). Refusing to sign is itself a second-degree misdemeanor (s. 318.14(3)).
3. Check whether a fine amount is shown. For civil infractions the officer must show the civil penalty from s. 318.18 (s. 318.14(2)).
4. Try to look it up. The Palm Beach Clerk does not accept online payment for criminal traffic citations, citations requiring mandatory court, or suspended-license citations, among others.
5. Act on the right deadline. A civil ticket gives 30 days to choose an option. A criminal citation gives a court date, usually an arraignment.

Which common charges are civil and which are criminal?

What does the law say makes a ticket civil?

Chapter 316 is Florida's traffic code. Its violations are "infractions" unless the statute gives them "a specific criminal charge," as listed in s. 318.17 (s. 316.655(1)). An infraction is "a noncriminal violation that may require community service hours" after a fatal crash, "but is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-appointed counsel" (s. 318.13(3)). Section 318.17 then lists the charges for which none of the civil procedures are available: fleeing, leaving the scene, DUI, reckless driving, false crash reports, refusing a lawful order of an officer or firefighter, obstructing an officer, and "any other offense in chapter 316 which is classified as a criminal violation."

Driver license crimes sit in chapter 322, where any violation is a misdemeanor unless the chapter says otherwise (s. 322.39(1)). That is why driving with no license at all is a crime while forgetting the license at home is not.

Civil hearings still require proof "beyond a reasonable doubt" (s. 318.14(6)), and a civil infraction can still cost a lot: a crash that kills someone brings a $1,000 civil penalty and a 6-month suspension (s. 318.14(5)).

What are "proof" tickets, and why do they matter?

Some citations look criminal but are really about paperwork. If you were ticketed for not having your license, registration or insurance card with you, and you can show the clerk a valid document issued before the ticket, the Palm Beach Clerk dismisses the citation for a $10 fee if you act within 30 days (s. 318.18(2)(b)). The insurance version is costlier to ignore: the Palm Beach Clerk warns that failing to show proof within 30 days results in a $116 fine plus late fees and a license suspension, and that reinstating then costs $150 for a first offense and $250 for later ones, with proof of insurance to FLHSMV.

Driving with no valid license is different from not carrying one. Under s. 322.03 it is a crime, but the case "may not" end in a conviction if, before or at the court appearance, the driver produces a license that was valid at the time of the arrest; the clerk may then dismiss it for $5 (s. 322.03(7)).

What happens at the first court date on a criminal citation?

A criminal traffic citation is set for arraignment in county court. In Palm Beach County, the State Attorney's office says misdemeanor, criminal traffic and DUI arraignments are held weekly at the South County Courthouse in Delray Beach and at the North County courthouse in Palm Beach Gardens. In Broward, a person who cannot attend must contact the Clerk in person or in writing and fill out a Defendant Request Form for the judge, and the Clerk warns that a judge may issue a warrant and a license suspension for a missed court date. Both Clerks accept applications for criminal indigent status for people who cannot afford a lawyer.

What changes the answer?

• Knowledge. Driving while suspended is civil without knowledge and criminal with it (s. 322.34(1), (2)); how knowledge is proved is explained in whether driving on a suspended license is a crime.
• Degree of fault. Careless driving is civil; willful or wanton driving is reckless and criminal, as compared in reckless versus careless driving.
• Speed. At 30 mph or more over, the ticket stays civil but requires a hearing; at 50 mph or more over, the officer can also charge the crime of dangerous excessive speeding (ss. 318.19, 316.1922).
• A crash. Leaving any crash is criminal; see what happens if you left the scene of an accident.
• Proof of compliance. Some no-license, registration, insurance and financial-suspension charges can be closed with proof of compliance and a withhold, three times in a lifetime (s. 318.14(10)).
• Local ordinances. The Broward Clerk notes that municipal and county ordinance charges, like criminal traffic and misdemeanors, require a court appearance.

A worked example

For example, a hypothetical Coral Springs driver is stopped on University Drive and receives two citations. One is for 24 mph over the limit, a civil infraction with a $175 base penalty and 4 points, which she can pay, send to traffic school if eligible, or contest within 30 days. The other is for driving while her license was suspended, and the officer notes that she said she knew about the suspension, which came from an unpaid ticket. That second citation is criminal, has a court date, and cannot be paid online or by mail. If she reinstates her license before court, she may be able to plead no contest with proof of compliance and receive a withhold, because the suspension was for a missed ticket (s. 322.34(10), (11)). This illustration is not a prediction for any case.

Common mistakes people make

• Assuming every citation can be paid online and missing a criminal court date.
• Missing the arraignment on a criminal traffic citation, which can lead to a warrant and a suspension.
• Paying a civil ticket that adds points, when school or a hearing was available.
• Not showing a valid license, registration or insurance card that existed at the time, which can get a ticket dismissed for a small fee.
• Treating a speeding ticket of 30 mph or more over as payable by mail; the hearing is mandatory.

What to do this week

1. Read each citation's statute number and compare it to the table above.
2. Look for a court date, a signature promising to appear and a fine amount.
3. For a civil ticket, mark day 30 and compare the options in whether to pay, take traffic school or ask for a hearing.
4. For a criminal citation, note the court date and read whether you have to go to your arraignment.
5. Gather proof of any license, registration or insurance that was valid on the date of the ticket.
6. Check your license status with the FLHSMV Driver License Check.

Frequently asked questions

Can I go to jail for a civil traffic ticket?

No. An infraction "is not punishable by incarceration" (s. 318.13(3)). Missing a civil ticket's deadline leads to a license suspension, not jail (s. 318.15).

Do I get a public defender for a civil ticket?

No. There is no right to court-appointed counsel for an infraction (s. 318.13(3)). For a criminal traffic charge, a person who cannot afford a lawyer may apply for one.

Can I pay a criminal traffic ticket?

Not like a civil one. A criminal citation is resolved in court. Broward allows a written plea by mail request for people living outside Broward, Miami-Dade and Palm Beach, but only for guilty or no contest pleas and only if the judge agrees.

Does a criminal traffic conviction go on my criminal record?

Yes. FDLE checks driving records when deciding sealing eligibility and says an adjudication of guilt for a criminal offense, such as DUI, driving while suspended or reckless driving, makes a record ineligible. The rules are in whether you are eligible to seal or expunge.

Is a DUI ever a civil ticket?

No. DUI is always excluded from the civil procedures (s. 318.17(3)). The steps after a DUI arrest are in what happens after a DUI arrest in Florida.

What about camera tickets?

Red light and school zone camera violations are civil and carry no points (s. 322.27(3)(d)5.c., 6.).

How can Mr. Mead help?

Mr. Mead has defended South Florida drivers for more than three decades and handles both civil tickets and criminal traffic charges. Knowing which kind of citation you have is the first step, and in many civil cases he can appear on your behalf. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are not sure what your citation means, a confidential call to (561) 362-6677 is a sound first step.

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