Paying a traffic ticket is the same as pleading guilty — and that can mean points on your license and higher insurance premiums.
Find out if your ticket can be reduced or dismissed.
A traffic ticket in Florida is not a minor inconvenience. It is a legal proceeding that can result in points on your driver’s license, hundreds of dollars in fines and court costs, increased insurance premiums for years, and — in the case of criminal traffic offenses — jail time, license suspension, and a permanent criminal record. Under Florida Statute § 322.27, accumulating 12 points within 12 months triggers a 30-day license suspension. Eighteen points within 18 months results in a 3-month suspension. Twenty-four points within 36 months means a full year without a license.
Most people pay the ticket and move on. That is almost always the wrong decision. Paying a Florida traffic ticket is a guilty plea. It places points on your record and raises your insurance rates.
Attorney James P. Kelly fights traffic tickets throughout Orlando, Orange County, and Central Florida. When you call, you speak directly with your attorney — not a call center.
Florida divides traffic violations into two categories: civil traffic infractions (non-criminal) and criminal traffic offenses. The distinction determines whether you face fines and points or potential jail time and a criminal record.
Most traffic tickets in Florida are civil infractions — non-criminal matters handled through the traffic court division. Civil infractions include speeding, running a red light, improper lane changes, failure to yield, following too closely, and most other moving violations. Civil infractions are further classified as:
When you receive a civil traffic citation, you have 30 days to respond. Your options are:
Certain traffic violations are classified as criminal offenses under § 318.17, meaning they carry the possibility of jail time, a criminal record, and more severe consequences. Criminal traffic offenses include:
Criminal traffic offenses require a mandatory court appearance. You cannot simply pay a fine. You have the right to an attorney, and given the potential consequences, exercising that right is critical.
The points system under § 322.27 is how the Florida DHSMV tracks your driving history and determines when your license should be suspended. Points remain on your record for years and affect your insurance rates.
| Violation | Points |
|---|---|
| Speeding (1-14 mph over the limit) | 3 |
| Speeding (15+ mph over the limit) | 4 |
| Unlawful speed or wireless device use resulting in a crash | 6 |
| All other moving violations | 3 |
| Moving violation resulting in a crash | 4 |
| Reckless driving | 4 |
| Leaving the scene of a crash (property damage over $50) | 6 |
| Passing a stopped school bus | 4 |
| Littering from a vehicle (§ 403.413) | 3 |
| Points Accumulated | Time Period | Suspension Length |
|---|---|---|
| 12 points | Within 12 months | 30-day suspension |
| 18 points | Within 18 months | 3-month suspension |
| 24 points | Within 36 months | 1-year suspension |
These suspensions are administrative — imposed by the DHSMV, not by a judge — and they cannot be appealed once the points are on your record. The only way to prevent the suspension is to keep the points off your record in the first place, either by winning at a hearing or by successfully electing traffic school (when eligible).
Speeding fines in Florida are set by § 318.18 and increase based on how far over the limit you were traveling. These are base fines — actual costs are higher after court costs, surcharges, and administrative fees are added.
| Speed Over Limit | Base Fine | Points | Notes |
|---|---|---|---|
| 1-5 mph | Warning | 0 | No citation required |
| 6-9 mph | $25 | 3 | + court costs and surcharges |
| 10-14 mph | $100 | 3 | + court costs and surcharges |
| 15-19 mph | $150 | 4 | + court costs and surcharges |
| 20-29 mph | $175 | 4 | + court costs and surcharges |
| 30+ mph | $250 | 4 | Mandatory court hearing; no traffic school option |
| 50+ mph over limit | $500+ | 4 | Criminal offense (effective 7/1/2025); up to 30 days jail |
The base fines listed above are misleading because they do not include the mandatory court costs and surcharges that are added to every ticket. The actual out-of-pocket cost for a typical speeding ticket in Orange County is significantly higher than the base fine:
A speeding ticket with a base fine of $175 (20-29 mph over) can easily cost $250-$300+ after all costs and surcharges are added. And that does not include the insurance premium increase, which can cost hundreds or thousands of dollars over the 3 to 5 years the violation stays on your record.
Running a red light or failing to stop at a stop sign under § 316.074 or § 316.075 carries a $158 base fine and 3 points on your license. If the violation results in a crash, 4 points are assessed.
Careless driving under § 316.1925 — operating a vehicle without due care or in a manner that endangers persons or property — is a civil infraction carrying 3 points and fines. If the careless driving causes death, the fine can reach $1,000 and the driver may be required to perform 120 hours of community service.
Reckless driving under § 316.192 is a criminal offense — a second-degree misdemeanor for a first offense, carrying up to 90 days in jail and fines of $25 to $500. A second conviction increases the penalties to up to 6 months in jail and $50 to $1,000 in fines. Reckless driving causes 4 points on your license, and if it results in serious bodily injury, the charge becomes a third-degree felony.
Driving while your license is suspended under § 322.34 can range from a civil infraction to a felony depending on the reason for the suspension and whether you had knowledge of it. A first offense with knowledge is a second-degree misdemeanor (up to 60 days jail, $500 fine). A third offense is a third-degree felony (up to 5 years prison).
Under § 316.191, racing on a highway is a first-degree misdemeanor carrying up to 1 year in jail, fines of $500 to $1,000 for a first offense, 1-year license revocation, mandatory traffic school, and vehicle impoundment. A second offense within 5 years is a felony. Street takeovers and stunt driving carry the same penalties.
Under § 316.172, passing a stopped school bus carries a $200 fine for a first offense, $400 for passing on the side where children enter and exit, 4 points, and potential license suspension for repeat offenders.
Under § 316.305 and § 316.306, texting while driving is a secondary offense for a first violation (officer needs another reason to pull you over) and a primary offense in school and work zones. A first offense is non-moving with a $30 fine. A second offense within 5 years is a moving violation with 3 points. Texting in a school zone adds 2 points. A texting violation that causes a crash adds 6 points.
Related: DUI Defense | Racing on a Highway | Super Speeder | DUI Refusal
Most people assume fighting a traffic ticket is not worth the effort. That assumption costs them money — often thousands of dollars over time.
Insurance increases are the real cost. A single moving violation can increase your auto insurance premium by 15-30% for 3 to 5 years. On a typical Orlando policy, that translates to $500 to $3,000+ in additional premiums — far more than the cost of the ticket itself. Keeping points off your record prevents this increase entirely.
Points accumulate faster than you think. A speeding ticket (3-4 points) followed by a red light ticket (3 points) and one more moving violation (3 points) puts you at 9-10 points in a short period. One more violation and you are facing a 30-day license suspension. If you drive for a living — delivery, rideshare, trucking, sales — a suspension can cost you your income.
A traffic attorney sees your whole record. When you hire an attorney to handle your traffic ticket, the attorney considers your driving history, the specific facts of the citation, the officer’s documentation, and the best strategy to minimize or eliminate the consequences. Sometimes that means fighting the ticket at a hearing. Sometimes it means negotiating a reduction to a non-moving violation. Sometimes traffic school is the right answer. The point is that someone who understands the system is making that decision — not a default plea of guilty.
You do not have to appear in court. In most civil traffic cases in Orange County, your attorney can appear on your behalf. You do not need to take time off work, wait in a courtroom, or face the officer yourself.
When you call The Law Office of James P. Kelly about a traffic ticket, the process works as follows:
Step 1: Review the citation. You provide the details of your citation — the statute violated, the date, the court, and any relevant facts about the stop. Attorney James P. Kelly reviews the citation and your driving record to determine the best strategy.
Step 2: Enter a not guilty plea. If fighting the ticket is the right approach, the firm enters a plea of not guilty and requests a hearing on your behalf.
Step 3: Appear at the hearing. Your attorney appears at the Orange County traffic court or the appropriate county court. The officer must appear and testify. Your attorney cross-examines the officer and challenges the evidence. If the state cannot prove the violation, the ticket is dismissed.
Step 4: Negotiate if necessary. If a full dismissal is not achievable, your attorney negotiates for the best available outcome — withholding of adjudication, reduction to a non-moving violation, traffic school enrollment, or another resolution that minimizes points and costs.
The firm handles traffic tickets in Orange County, Osceola County, Seminole County, and courts throughout Central Florida. English and Spanish-speaking clients are welcome — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every traffic case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
In most cases, no. Paying a Florida traffic ticket is a guilty plea that places points on your license, creates a conviction on your record, and can increase your insurance premiums for 3 to 5 years. The long-term cost of paying the ticket almost always exceeds the cost of fighting it.
Speeding 1-14 mph over the limit adds 3 points. Speeding 15+ mph over adds 4 points. If the speeding resulted in a crash, 6 points are assessed.
You can elect traffic school once every 12 months, and only for violations where you were not exceeding the speed limit by 30 mph or more. Traffic school withholds adjudication and prevents points from being added to your record, but you still pay the fine plus the cost of the school. Traffic school is not available for criminal traffic offenses.
Yes. Most moving violations will increase your auto insurance premium. The increase depends on your insurer, your driving history, and the nature of the violation, but typical increases range from 15-30% for a single ticket. The increase can last 3 to 5 years.
For most civil traffic infractions, your attorney can appear on your behalf and you do not need to be present. Criminal traffic offenses — DUI, reckless driving, DWLS, racing — require a mandatory personal appearance.
If you do not respond to a civil traffic citation within 30 days, a $16 late fee is added, and the DHSMV will suspend your driver’s license. Driving on a suspended license is a criminal offense that can result in jail time.
Yes. Effective July 1, 2025, dangerous excessive speeding — driving 50+ mph over the posted limit or 100+ mph in a manner that threatens safety — is a criminal offense carrying up to 30 days in jail and a $500 fine for a first offense, and up to 90 days in jail and a $1,000 fine for subsequent offenses.