Florida Traffic Violation Records

Florida violation records are official documents detailing histories of traffic-related offenses in the state. They include information on DUIS, parking tickets, speeding, reckless driving, running red lights, and other infractions. Traffic violation records in the Sunshine State are maintained by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

Many drivers in Florida have been issued speeding tickets at one point or another in their driving history. This is one of the most common traffic violations committed by drivers in the United States. However, in Florida, the percentage of drivers with a prior speeding violation on their driving record is lower than the national average. Nationally, the average is 10.54%. In Florida, less than 7% of motorists have a prior speeding violation on their record.

Be aware that traffic violations, including speeding, may significantly impact your driving record in Florida by adding points, leading to increased insurance premiums, and, in severe cases, resulting in license suspension or revocation.

Are Traffic Violations Records Public in Florida?

Traffic violation records in Florida are generally open to the public under the state's Sunshine Law. However, certain personal information (such as Social Security number, birth date, and residential address) within these records is exempt from public disclosure under Section 119.0712 (2) of the Florida Statutes and the Driver Privacy Protection Act (DPPA). Consequently, your Florida driving record is open to anyone who wishes to access it.

Note that records of traffic crimes requiring a court appearance, such as felonies, are held by local courts. Usually, such offenses are handled by the county traffic courts in the jurisdictions where the crimes were committed. Also, Florida court records are generally open to the public, allowing individuals to access information related to traffic crimes in the state.

How To Look Up Traffic Tickets in Florida?

You may look up traffic tickets in Florida in the following way:

• Identify the County of Citation: Traffic tickets in Florida are managed by the Clerk of Court in the county where the violation occurred.
• Access the County Clerk's Online System: Many counties offer an online portal to search for and pay traffic citations. Examples include Miami-Dade County, Hillsborough County, Palm Beach County, and Orange County.
• Search for Your Ticket: Typically, you will need to provide the citation number, driver's license number, or full name and date of birth of the driver to locate a ticket.

Online databases such as the one offered by publicrecords.us also provide an alternative to persons seeking Florida traffic ticket records. Usually, these sites will require that you provide the county of citation, citation number, and the name of the individual to perform a Florida traffic ticket lookup.

Where Do I Pay Traffic Violations?

You may pay a traffic violation fine in Florida through these methods:

• Online Payment: Florida provides a centralized online platform, PayFLClerk.com, where you may select the county of your citation and be redirected to the appropriate Clerk of Court's payment site.
• County Clerk Websites: Many county Clerk of Court offices offer their own online payment systems. For instance, the Hillsborough County Clerk's office allows online payments through their Traffic Department page.
• Clerk's Office: You may visit the Clerk of Court's office in the county where the violation occurred to pay your fine. Accepted payment methods typically include cash, credit/debit cards, checks, or money orders.
• Mail-In Payment: Some clerks allow mail-in payments. Hence, in such jurisdictions, you may mail a check or money order (drawn on a U.S. bank) to the Clerk of Court's office in the county where the citation was issued.

How Much Does It Cost To Request Your Driving Records Online?

You may obtain your driving record online in Florida in the following way:

• Visit the FLHSMV Website
• Access MyDMV Portal: Log into your existing MyDMV account or create a new one if you do not have an account.
• Complete the Form: Enter your personal information into the online form provided.
• Payment: Pay a fee ranging from $8 to $10 to receive your driving record electronically.

On the FLHSMV portal, you may order a 3-year driver history ($8), 7-year driver history ($10), complete driver history ($10), or a certified 3-year, 7-year or complete driver history ($10.00). Mail applications are charged similarly to online applications.

Florida driver history records contain details such as:

• Exams pass and driver education
• Guilty dispositions of traffic violations
• Crash entries, when a traffic citation was issued as a direct result of the crash
• All open suspensions, revocations, cancellations, and disqualifications of the driving privilege.
• Cleared suspensions, revocations, cancellations, and disqualifications cleared
• Driving restrictions
• Moving and nonmoving violations

What Are Moving and Non-Moving Violations in Florida?

Under Florida law, a civil traffic infraction refers to a non-criminal traffic violation, which may be categorized as a moving or non-moving violation. Moving violations typically result in points being added to the driver's license, while non-moving violations do not. These infractions are not subject to imprisonment, and individuals do not have the right to a trial by jury or court-appointed counsel for such cases.

Per definition, a moving violation happens when a traffic regulation is violated by a vehicle that is in motion. Examples include:

• Speeding
• Failure to obey a traffic control device
• Careless driving
• Racing and reckless driving
• Driving with a revoked or suspended license
• Improper backing
• Improper lane change
• Driving too fast for the conditions
• Stop sign violations
• Failure to signal a turn

On the other hand, a nonmoving violation is a traffic infraction that contravenes Florida traffic law but is not linked to the driver's maneuvering of the vehicle. Examples include:

• Driving with an expired vehicle registration
• Driving without insurance
• Parking violations, such as parking in a no-parking zone and in front of a fire hydrant
• No seat belt worn
• Vehicle safety violations, such as missing license plate, too-dark window tint, and excessive muffler noise

How Long Does DUI Stay on Your Record in Florida?

A DUI conviction stays on your record for 75 years. The state does not allow the expungement of DUI conviction records. Although Florida may not be rated among the top 10 states with drunk driving incidents in recent years, the Sunshine State still records about 600 drunk driving crashes annually, with approximately 90% of this figure being male drivers. Florida records about 37 DUI arrests per 100,000 drivers and 5.7 DUI road fatalities per 100,000 drivers annually.

A DUI conviction in Florida brings both criminal and administrative penalties. The court handles criminal penalties, while the Florida Department of Highway Safety and Motor Vehicles manages administrative penalties. For a first DUI conviction, penalties include up to six months in jail, fines ranging from $500 to $1,000, and possibly up to one year of probation, 50 hours of community service, and 10 days of vehicle impoundment.

A second DUI conviction incurs fines between $1,000 and $2,000, up to nine months in jail, a minimum of 10 days in prison if within five years of the first conviction, and 30 days of vehicle impoundment. Per administrative penalties, an ignition interlock device (IID) may be installed as a condition of a limited license or as part of a sentence.

What Are the Penalties for Breaking the Speed Limit in Florida?

The basic speeding law in the Sunshine State prohibits driving at a speed that may be considered unsafe. Per Section 316.183(1) of the Florida Vehicle Code, motorists in the state must not drive faster than is prudent or reasonable under the conditions.

Per state law, typical speed limits in the state include the following:

• 70 mph for interstate highways, toll roads, freeways, and other roads where posted
• 65 mpha for four-lane divided highway outside an urban area with a population of 5,000 or more
• 60 mph for two-lane sections of highways and freeways
• 55 mph for all roads and highways except where otherwise posted
• 30 mph for urban district, business area, or residential area
• 20 mph for school zones

Speeding penalties in Florida vary based on the severity of the violation. First-time offenders may face fines between $25 and $250, with possible license suspension for up to 30 days. The exact fine amount differs by county. Minor infractions, such as exceeding the speed limit by 5 mph or less, are often overlooked by law enforcement, especially in non-urban areas. However, additional consequences, including surcharges and penalty points on a driver's record, may apply, potentially impacting insurance rates and driving privileges.

How Long Does a Speeding Ticket Stay on Your Record in Florida?

Depending on the speed involved, a speeding ticket remains on your driving record for three to five years in Florida.

How To Appeal A Traffic Ticket?

If you are issued a traffic ticket in Florida, you have three options: pay the ticket, contest it, or take a driver improvement course. If you opt to contest a ticket in Florida, you may take the following steps:

• Dispute the Officer's Judgment: Challenge subjective tickets such as unsafe lane changes by arguing your actions were safe given the conditions. Use evidence like traffic flow or the officer's position to counter their opinion.
• Question the Evidence Presented by the Officer: For clear-cut violations such as running a stop sign, dispute the officer's observations using eyewitness statements, diagrams, or photos showing obscured signs or signals.
• Present Evidence to Justify a Mistake of Fact: Argue you made an honest error due to unclear markings, obscured signs, or recent changes in traffic rules. Provide evidence like worn lane markers or newly installed signs.
• Argue That Circumstances Justified Your Driving: Admit to the violation but show it was necessary (such as speeding to avoid a drunk driver or stopping due to a medical emergency). Provide supporting evidence like medical records or 911 calls.
• Argue That Your Ticketed Driving Was Necessary to Prevent Harm: Argue that your actions prevented immediate danger such as swerving to avoid a pedestrian. Show how your driving avoided serious injury or harm.

You should consider hiring a traffic attorney when you are likely to face severe penalties, such as excessive fines, license suspension, or in multiple violation scenarios.

How To Resolve an Out-of-State Traffic Ticket?

If you are issued an out-of-state ticket but decide to return home to Florida, you will be required to face the penalties due to the provisions of the Driver's License Compact (DLC) and the Nonresident Violator Compact (NVC). The DLC is an agreement among participating states to share information about traffic violations committed by non-residents. This means that if you receive a traffic ticket in a state other than your home state, the violation will be reported to your home state, and it will be treated as if it occurred there.

Also, the NVC is an agreement among 44 states and Washington, D.C., to enforce traffic violations committed by non-residents. If you fail to pay a traffic ticket in the issuing state, your home state will be notified, and your driver's license may be suspended until the matter is resolved. Penalties for not paying fines when due can include additional fines, license suspension, and even arrest warrants in some cases.

You may contest an out-of-state speeding ticket in the following way:

• Identify the County: Determine the county where you were cited and visit its court website for instructions on how to proceed.
• Contest by Affidavit: Many courts allow you to submit a written affidavit outlining your defense without appearing in person.
• Meet Deadlines: Submit your affidavit or other required documents before the court date listed on your ticket to avoid losing options.
• Contact the Prosecutor: Reach out to the local prosecutor's office to potentially negotiate a reduced fine or avoid a court appearance.
• Consult an Attorney: For serious offenses, seek advice from a traffic ticket attorney familiar with local laws to improve your chances of success.

How Does Florida Traffic Laws Differ From Other States?

Most states in the United States share similar traffic laws, the details of such laws may vary significantly. Some unique traffic laws in Florida include the following:

• Move Over Law: Florida requires drivers to move over a lane or slow down to 20 mph below the posted speed limit when approaching emergency vehicles, tow trucks, sanitation vehicles, and utility service vehicles stopped on the roadside.
• Right Turn on Red: In Florida, you can make a right turn at a red traffic light after coming to a complete stop, unless there is a sign indicating "No Turn on Red".
• U-Turns: U-turns are generally allowed in Florida unless there is a sign prohibiting them. However, you must ensure that it is safe to do so and that you do not interfere with other traffic.
• Seat Belt Laws: Florida requires all drivers, front-seat passengers, and passengers under 18 to wear seat belts. Children under 5 must be secured in a crash-tested, approved car seat.
• Texting While Driving: Florida has strict laws against texting while driving. It is a primary offense, meaning you can be pulled over solely for texting while driving.