Tampa Criminal Traffic Attorney

Police officer out with a car he pulled over with the sun in the background. Text: "Facing Criminal Traffic Charges? Fight to Protect Your Future"

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 InfractionsCriminal Traffic Offenses
Pay fine, no arrestArrest, booking, court appearances
Points on licenseJail or prison time possible
No criminal recordPermanent criminal record
Insurance increaseLicense suspension or revocation
Example: Speeding ticketExample: 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:

ChargeFlorida StatuteClassificationMaximum Penalty
DUI (First Offense)§316.193Misdemeanor6 months jail
DUI (Third Offense)§316.193Third-Degree Felony5 years prison
DUI Manslaughter§316.193(3)(c)3Second-Degree Felony15 years + mandatory minimum
Reckless Driving§316.192Second-Degree Misdemeanor90 days jail
Vehicular Homicide§782.071Second-Degree Felony15 years prison
DWLS (Third Offense)§322.34Third-Degree Felony5 years prison
Fleeing to Elude§316.1935Third-Degree Felony5 years prison
Leaving Scene with Death§316.027First-Degree Felony30 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

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

Member, National College for DUI Defense

What Our Clients Are Saying

Rocky Brancato was able to provide me with legal help that I didn't even imagine was possible. Because of his experience and knowledge he got me life changing results and that is no exaggeration. Rocky has an in depth knowledge of his field, decades of...

E. M.

Rocky Brancato is diligent, trustworthy, with an extraordinary human and professional quality, a gift for people and integrity. All these virtues make him an invaluable attorney. Rocky Brancato has been with our family since day one of this stressful, unfair...

Lein L.

I don’t even know how to start writing this. This man saved me from something I didn’t do. He’s the best.. thank you thank you .

Jonathan S.

Mr. Brancato deserves five stars from day one. He went over and beyond for me. He doesnt just handle small cases I was facing a trafficking fentanyl charge for something that I didnt do and Mr. Brancato got all of my charges dropped. He is a great attorney. He...

Andrea M

Rocky was exceptional at providing legal advice and was taking proactive steps throughout the process to assist in my legal matters. Fantastic service and results.

Javier L.

ROCKY IS GREAT HE DID IT TWICE FOR MY FIANCÉ

Mantha W.

I would recommend Mr. Brancato to absolutely anybody. I have been fighting this specific case for about 4 years now and he was able to set time aside to accommodate and was able to get the charges dismissed in less than a WEEK. I can’t thank him enough, and...

Kellz C.

The rare lawyer with a heart Mr. Brancato not only proved his legal acumen, but he did so with genuine empathy and caring. I felt he was personally invested in my success, and acted above and beyond my expectations. He kept me informed all steps of the...

I.

Mark my words, THIS IS THE BEST LAWYER I’ve ever had the chance to meet and it’s been a pleasure and a major blessing to have him, i had a very difficult case but in less then 5 business day he took the weight of a planet off my shoulders . He goes above and...

Yian V.

Great attorney ! Handled client with care and answered all concerns! Thank you so much !!! A Hard worker is this guy! Thank You for all you did for my fiancé!

Kailyn B.

Rocky Brancato was knowledgeable, responsive, and very professional throughout the entire process. I highly recommend this law firm.

Noel F.

Rocky was the best lawyer i have recieved! He always kept me updated and talked me through everything i couldnt have asked for a better lawyer! Hoping i never have to use him again but he is my go to!! Thank yu rocky it was a pleasure

Lucciano Carmelo

I felt very lucky to be represented by brancato law firm Never had any issues with communication or help with resources and made the whole process easier to navigate Very greatfull he helped me reach the best outcome

Logan Traun

Atty Rocky Brancato is an excellent attorney. He genuinely cares about his clients. You would not find anyone else as compassionate and talented as he is as a lawyer. I would 100% recommend him.

Ana R.

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Tampa Office
620 E Twiggs St
#205

Tampa, FL 33602

Located two blocks from the Hillsborough County Courthouse.
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