Fighting for Justice.
Tampa Criminal Traffic Attorney
You got pulled over for speeding. Now you’re facing a felony. In Florida, what starts as a routine traffic stop can quickly escalate into criminal charges carrying jail time, license revocation, and a permanent criminal record. Importantly, criminal traffic offenses differ significantly from traffic tickets—they follow you for life.
I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients facing criminal traffic charges throughout Tampa Bay—from first-time DUI to vehicular manslaughter. As a member of the National College for DUI Defense (NCDD), I understand the technical defenses that make the difference between conviction and dismissal. If you are charged with a criminal traffic offense, my firm, The Brancato Law Firm, P.A., can help. If you are charged with DUI, check out our Tampa DUI Attorney Page.
Criminal Traffic vs. Civil Traffic: Understanding the Difference
Most traffic violations in Florida qualify as civil infractions—you pay a fine, possibly attend traffic school, and move on. However, criminal traffic offenses work entirely differently. Consequently, they can result in arrest, jail time, and a permanent criminal record that affects employment, housing, and professional licensing for years to come.
| Civil Traffic Infractions | Criminal Traffic Offenses |
| Pay fine, no arrest | Arrest, booking, court appearances |
| Points on license | Jail or prison time possible |
| No criminal record | Permanent criminal record |
| Insurance increase | License suspension or revocation |
| Example: Speeding ticket | Example: DUI, reckless driving, DWLS |
Criminal Traffic Charges in Florida
Florida law categorizes criminal traffic offenses by severity. As a result, penalties range from 90 days in jail for reckless driving to 30 years in prison for leaving the scene of an accident involving death. The following table outlines the most common charges:
| Charge | Florida Statute | Classification | Maximum Penalty |
| DUI (First Offense) | §316.193 | Misdemeanor | 6 months jail |
| DUI (Third Offense) | §316.193 | Third-Degree Felony | 5 years prison |
| DUI Manslaughter | §316.193(3)(c)3 | Second-Degree Felony | 15 years + mandatory minimum |
| Reckless Driving | §316.192 | Second-Degree Misdemeanor | 90 days jail |
| Vehicular Homicide | §782.071 | Second-Degree Felony | 15 years prison |
| DWLS (Third Offense) | §322.34 | Third-Degree Felony | 5 years prison |
| Fleeing to Elude | §316.1935 | Third-Degree Felony | 5 years prison |
| Leaving Scene with Death | §316.027 | First-Degree Felony | 30 years prison |
DUI Defense in Tampa
DUI charges rank among the most common—and most defensible—criminal traffic offenses in Florida. Importantly, a DUI arrest does not mean a DUI conviction. Therefore, I challenge every aspect of the State’s case:
- Traffic Stop Validity: First, did the officer have reasonable suspicion to pull you over?
- Field Sobriety Test Administration: Additionally, did the officer administer the Standardized Field Sobriety Tests (SFSTs) correctly?
- Breath Test Accuracy: Furthermore, was the Intoxilyzer 8000 properly calibrated and maintained?
- Blood Draw Procedures: Similarly, did technicians maintain proper chain of custody?
- Miranda Rights: Finally, did officers properly advise you before questioning?
Critical Deadline: A DUI arrest triggers automatic license suspension within 10 days unless you request a formal review hearing. Consequently, time is critical—contact an attorney immediately.
Consequences of Criminal Traffic Convictions
Criminal traffic convictions carry consequences far beyond the immediate penalties. In particular, they affect multiple areas of your life:
- Immediate Consequences: First, you face fines ($500-$5,000+), jail time, license suspension, and mandatory DUI school
- License Impact: Additionally, suspension periods range from 6 months to permanent revocation depending on the offense
- Insurance Consequences: Moreover, you may need SR-22 insurance, which dramatically increases premiums for years
- Employment Impact: Furthermore, convictions can trigger CDL disqualification, job loss for driving positions, and background check issues
- Criminal Record: Finally, felony convictions permanently affect employment, housing, and professional licensing opportunities
How I Defend Criminal Traffic Charges
Every criminal traffic case contains potential weaknesses. As a result, I thoroughly examine each element:
- Constitutional Violations: When officers conduct illegal stops, searches, or arrests, judges must suppress the resulting evidence
- Procedural Errors: Because law enforcement must follow specific protocols, any deviations create defense opportunities
- Equipment Failures: Since breathalyzers, radar guns, and other equipment require proper maintenance and calibration, I investigate their accuracy
- Witness Credibility: Through careful analysis, I identify inconsistencies in officer testimony and witness statements
- Alternative Explanations: In some cases, medical conditions, fatigue, or other factors mimic impairment signs
Frequently Asked Questions About Criminal Traffic Charges
What’s the difference between a traffic ticket and a criminal traffic offense?
Traffic tickets qualify as civil infractions—you pay a fine and may receive points on your license, but officers don’t arrest you and you don’t get a criminal record. In contrast, criminal traffic offenses can result in arrest, jail time, and a permanent criminal record that affects employment, housing, and professional licensing.
Can I lose my license for a first DUI in Florida?
Yes, absolutely. A first DUI conviction results in license suspension of 180 days to 1 year. Additionally, refusing a breath test triggers an automatic administrative suspension of 1 year for first refusal. Most importantly, you have only 10 days from arrest to request a formal review hearing to challenge the administrative suspension.
What is driving with a suspended license (DWLS)?
DWLS can qualify as either a civil infraction or criminal offense depending on circumstances. Specifically, if you knowingly drive with a suspended license, prosecutors charge it as a criminal offense. Furthermore, a third conviction becomes a third-degree felony punishable by up to 5 years in prison.
What should I do if I’m arrested for a criminal traffic offense?
First, remain silent and request an attorney immediately. Second, don’t answer questions, explain your actions, or try to talk your way out. Third, for DUI arrests specifically, remember that you have only 10 days to request a formal review hearing to protect your license. Therefore, contact a Tampa criminal traffic attorney as soon as possible.
Can criminal traffic charges be reduced or dismissed?
Yes, in many cases. For instance, courts often resolve cases through reduction to civil infractions, diversion programs, or dismissal when attorneys identify constitutional violations or procedural errors. Consequently, an experienced attorney can evaluate your case and pursue the best available outcome.
Criminal Traffic Defense Throughout Tampa Bay
I represent clients facing criminal traffic charges throughout the Tampa Bay region, including:
- Hillsborough County: Tampa, Brandon, Plant City, Riverview
- Pinellas County: St. Petersburg, Clearwater, Largo
- Pasco County: New Port Richey, Dade City
Don’t Let a Traffic Stop Become a Criminal Record
Criminal traffic charges carry consequences that follow you for life. Specifically, a conviction affects your driving privileges, your employment, and your future. However, an arrest doesn’t equal a conviction—and with the right defense, courts often reduce or dismiss many cases.
I offer confidential consultations where I evaluate your case, explain your options, and outline a strategy for protecting your license and your freedom. Remember: if you face DUI charges, you have only 10 days to request a formal review hearing.
Call (813) 727-7159 Now—Time Is Critical for DUI Cases
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
Member, National College for DUI Defense

















