Orlando Traffic Attorney
Protect Your Driving Record from Points and Penalties in Central Florida.
Get a Free ConsultationUnderstanding and Fighting Moving Violations in Florida
A moving violation in Florida is any traffic infraction committed while your vehicle is in motion. These violations are distinct from non-moving violations (like parking tickets or equipment issues) and typically carry more severe consequences, including points on your license, fines, and increased insurance rates. At Lotter Law, our experienced Orlando traffic ticket attorney, Jeff Lotter, a former Florida State Trooper, provides robust defense against all types of moving violations.
Common Moving Violations and Associated Points
Failure to obey high-occupancy-vehicle (HOV) lane requirement (316.0741(3)) - 0 points.
Speeding (less than 15 mph over limit) - 3 points.
Speeding (16 mph or more over limit) - 4 points.
Running a red light - 3 points.
Careless Driving (316.1925) - 3 points (or more if accident).
Failure to Yield Right-of-Way (e.g., 316.121, 316.123) - 3 points.
This is not an exhaustive list. Many other actions can be classified as moving violations. The points system can be complex, especially with aggravating factors like accidents or violations in school/work zones.
Key Florida Statutes Governing Moving Violations
- Florida Statute § 316.074: Obedience to and required traffic control devices.
- Florida Statute § 316.075: Traffic control signal devices (red, yellow, green signals).
- Florida Statute § 316.121: Vehicles approaching or entering intersections and right-of-way.
- Florida Statute § 316.122: Vehicle turning left and yielding requirements.
- Florida Statute § 316.123: Duties at stop or yield signs.
- Florida Statute § 316.1925: Careless driving definitions and penalties.
- Florida Statute § 316.183: Unlawful speed.
Consequences of a Moving Violation Conviction
- Fines: Vary by violation and county.
- Points on License: Accumulating 12 points in 12 months results in a 30-day suspension; 18 points in 18 months leads to a 3-month suspension; 24 points in 36 months causes a 1-year suspension.
- Increased Insurance Premiums: Almost always result from convictions.
- Mandatory Court Appearance: Required for serious violations; attorney can often waive your appearance.
- Traffic School: May be available to avoid points for certain infractions.
- CDL Holders: Violations can disqualify commercial driving privileges and have more severe consequences.
How We Defend Against Moving Violations
- Challenging Officer Observations: We scrutinize the officer's report and testimony for inconsistencies, issues with visibility, potential misidentification, or biases.
- Examining Legality of the Stop: Every traffic stop must be based on reasonable suspicion. We investigate if the officer had a valid reason for the stop and followed proper procedures. If not, evidence may be suppressed.
- Speedy Trial Rights: Under Florida Traffic Court Rule 6.325, you have a right to a trial within 180 days for traffic infractions. We ensure these rights are protected.
- Negotiation with Prosecutors: Jeff Lotter's experience as a former trooper gives him credibility when negotiating. We aim to reduce charges, minimize points, or seek alternative sanctions like traffic school to protect your record.
- Verifying Equipment Accuracy: For speeding tickets, we can inquire about the calibration and proper use of speed detection devices (radar, lidar).
Don't Let an Accident Ticket Define Your Future
Being involved in a traffic accident is stressful enough. Receiving a traffic ticket afterward, especially if you believe you weren't at fault or if the consequences are severe, adds another layer of complexity. At Lotter Law, our Orlando accident ticket attorney, Jeff Lotter, a former Florida State Trooper, understands the nuances of accident investigations and how citations are issued. We are here to defend your rights and fight to protect your driving record and future.
It's critical to understand that a traffic ticket issued after an accident is a separate matter from any civil lawsuit for personal injury or property damage, though the outcome of your traffic case can sometimes influence a civil case.
Types of Accidents and Associated Penalties
Florida law imposes significant penalties for traffic infractions that result in accidents, particularly those causing serious bodily injury or death. These penalties can include hefty fines, mandatory driver's license suspensions, community service, and points on your driving record. It's important to distinguish between noncriminal traffic infractions and more serious criminal violations related to accidents.
Noncriminal Traffic Infractions Resulting in a Crash:
- If a noncriminal traffic infraction results in a crash causing the death of another person, the infraction requires a mandatory hearing. If proven beyond a reasonable doubt, the penalties include a $1,000 civil penalty, a 6-month driver license suspension, and potentially 120 community service hours (s. 316.027(4)).
- If the infraction causing death was against a vulnerable road user (defined in s. 316.027(1)), the mandatory hearing official must impose a civil penalty of not less than $5,000, a 1-year driver license suspension, and require attendance at a vulnerable road user driver improvement course.
- If a noncriminal traffic infraction results in a crash causing "serious bodily injury" (SBI) to another (defined in s. 316.1933(1)), it also requires a mandatory hearing. If proven, penalties include a $500 civil penalty and a 3-month driver license suspension.
- If the infraction causing SBI was against a vulnerable road user, the mandatory hearing official must impose a civil penalty of not less than $1,500, a 3-month driver license suspension, and require attendance at a vulnerable road user driver improvement course.
- Any moving violation (excluding speeding) resulting in a crash assesses 4 points on your driving record.
- Unlawful speed resulting in a crash assesses 6 points. (See our Speeding Tickets page for more on speeding defenses).
- Careless driving (s. 316.1925) resulting in a crash assesses 4 points.
Other Crash-Related Violations (Often Criminal):
Some violations related to accidents are classified as criminal offenses and carry even more severe penalties, including potential jail time, significant fines, and long-term license revocations. These are not handled as simple traffic tickets under Chapter 318.
- Leaving the scene of a crash (Hit & Run): This is a criminal violation. Penalties and points vary significantly depending on whether there was property damage, injury, serious bodily injury, or death. (See our Hit and Run / LSOA page).
- Driving Under the Influence (DUI) (s. 316.193): If a DUI involves a crash, especially with property damage, injury, SBI, or death, it is a serious criminal offense with enhanced penalties. (See our DUI Defense page).
- Reckless Driving (s. 316.192): A criminal violation that can result in 4 points if property damage or injury occurs, or license revocation if SBI occurs.
- Failure to stop for a school bus (s. 316.172(1)(a) or (b)) causing serious bodily injury or death: This is a criminal offense with a $1,500 penalty, 6 points, mandatory hearing, and driver license suspension of not less than 1 year.
- Load dropping/shifting/leaking (s. 316.520(1) or (2)) resulting in serious bodily injury or death: This becomes a criminal offense. Otherwise, it's a noncriminal infraction with a mandatory hearing and a minimum $200 penalty.
- Operating a vehicle while driver license is suspended/canceled/revoked (DWLS) causing Death or Serious Bodily Injury: This is a felony.
Traffic Infraction Hearing vs. Civil Personal Injury Lawsuit
It's crucial to understand the difference between the traffic ticket you receive after an accident and a potential civil lawsuit for personal injury or property damage:
- Purpose:
- Traffic Ticket Hearing: Determines if you committed the specific traffic infraction cited by the officer. The focus is on the violation of traffic law.
- Civil Lawsuit: Determines if one party's negligence caused injury or damage to another, and if so, what compensation is owed.
- Burden of Proof:
- Noncriminal Traffic Infraction Hearing: The state must prove the commission of the infraction beyond a reasonable doubt. This is a high standard, the same as in criminal cases.
- Civil Lawsuit: The plaintiff (injured party) must prove negligence by a preponderance of the evidence (meaning more likely than not). This is a lower standard than "beyond a reasonable doubt."
- Outcomes:
- Traffic Ticket Hearing: Can result in fines, points, license suspension, or traffic school. A "guilty" finding means you committed the infraction.
- Civil Lawsuit: Can result in a monetary judgment for damages (medical bills, lost wages, pain and suffering).
- Interrelation: While separate, a conviction (guilty plea or finding) for a traffic violation related to an accident can sometimes be used as evidence of negligence in a subsequent civil lawsuit. This is one reason why fighting the traffic ticket is important. However, being found "not guilty" on the traffic ticket does not automatically prevent a civil suit, nor does settling a civil claim absolve you of the traffic ticket.
Lotter Law focuses on defending you against the traffic infraction or criminal charge. While we are not personal injury attorneys, we understand how the outcome of your traffic case can be a factor in civil matters.
Key Defenses in Accident Ticket Cases
Defending against an accident-related citation requires a thorough understanding of Florida traffic law, accident investigation procedures, and rules of evidence. Common defense strategies include:
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Leveraging the Accident Report Privilege (Florida Statutes §316.062 & §316.066):
- Purpose: This privilege protects statements you make to a law enforcement officer *for the purpose of completing a crash report*. These statements generally cannot be used against you in any trial, civil or criminal, to protect your Fifth Amendment rights.
- What's Protected: Required information given during the crash investigation (name, address, registration, license).
- Crucial Exceptions: The privilege does NOT protect:
- Officer's observations of your physical appearance, demeanor, slurred speech, or odor of alcohol.
- Results of blood, breath, or urine tests (or refusals).
- Non-testimonial field sobriety exercises.
- Spontaneous statements not made in response to questioning (e.g., blurting out "It was all my fault!").
- False statements made in the report.
- Statements made after an officer switches from a crash investigation to a criminal investigation and provides Miranda warnings.
- Not Applicable in Administrative Hearings: Statements from crash reports ARE admissible in DHSMV administrative hearings (e.g., for license suspension).
- An experienced attorney can identify protected statements and challenge attempts by the prosecution to introduce them.
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Challenging the Officer's "At-Fault" Determination:
- The officer's conclusion about fault is often based on limited information gathered at a chaotic scene.
- We can investigate further, examining the scene, vehicle damage, witness accounts, and potential contributing factors the officer may have overlooked (e.g., actions of the other driver, road conditions, visibility issues).
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Disputing the Alleged Violation:
- Did your actions actually constitute the infraction cited (e.g., careless driving, failure to yield)?
- We scrutinize the elements of the alleged offense against the facts of your case.
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Holding the State to its Burden of Proof:
- For noncriminal traffic infractions that proceed to a hearing, the state must prove your commission of the infraction beyond a reasonable doubt. We ensure this high standard is met.
- Negotiation: In many cases, we can negotiate with the prosecutor or officer for a dismissal, a reduction to a less serious offense (e.g., a non-moving violation to avoid points), or a "withhold of adjudication" which means no conviction and no points if conditions are met.
Impact on Your Driving Record and Insurance
A conviction for an accident-related traffic ticket can lead to:
- Points on Your License: As noted, 4 points for most moving violations causing a crash, 6 for speeding causing a crash. Accumulating too many points leads to license suspension.
- Increased Insurance Premiums: Insurers often significantly raise rates after an at-fault accident or a conviction for a moving violation related to a crash.
- Mandatory Court Appearance: Often required for infractions involving SBI or death.
- CDL Consequences: For Commercial Driver's License holders, any accident-related ticket can be devastating, potentially leading to disqualification.
Why Choose Lotter Law for Your Accident Ticket Defense?
- Former Florida State Trooper Experience: Jeff Lotter personally investigated countless accidents. He knows how officers gather evidence, write reports, and determine fault – and where mistakes can be made.
- Deep Understanding of Accident Report Privilege: We know how to effectively use this critical defense and its exceptions to protect you.
- Thorough Case Analysis: We don't just look at the ticket; we examine all available evidence to build the strongest defense.
- Focus on Minimizing Consequences: Our goal is to achieve the best possible outcome, whether it's dismissal, reduced charges, avoiding points, or preventing license suspension.
- Aggressive Representation: We are prepared to challenge the state's case at every turn and take your case to a hearing if necessary.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Orange County Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran —approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Frequently Asked Questions About Accident Tickets
Not automatically. The traffic ticket hearing and a civil lawsuit for damages are separate legal proceedings with different burdens of proof. However, pleading guilty or being found guilty of the traffic infraction can sometimes be used as evidence of negligence in a civil case. This is why fighting the ticket is important.
Florida's Accident Report Privilege generally prevents statements you make to an officer *for the purpose of completing the crash report* from being used against you in court. This is to encourage honesty in reporting accidents. However, there are crucial exceptions, such as the officer's own observations, spontaneous utterances you make, or statements made after a criminal investigation begins. An attorney can help determine if the privilege applies to your statements.
If a noncriminal traffic infraction results in a crash causing "Serious Bodily Injury" (SBI) as defined in s. 316.1933(1), Florida law mandates a hearing. If the infraction is proven, penalties include a $500 civil penalty and a 3-month driver's license suspension, in addition to any other penalties. If the SBI was to a vulnerable road user, the civil penalty is at least $1,500. It is critical to have legal representation in these cases.
Yes. An officer's opinion of fault at the scene is not the final word. Officers make judgments based on the information available, which may be incomplete or misinterpreted. A thorough defense can involve re-examining evidence, witness statements, and the accident scene itself to challenge the officer's conclusions and the specific traffic infraction cited.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
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Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801