Category: Traffic Offenses · Statute: F.S. 316 · Source: Florida Legislature
Understanding Traffic Citation in Florida
In Florida, a traffic citation—officially known as a Florida Uniform Traffic Citation (UTC)—is a formal document issued by law enforcement officers under Chapter 316 of the Florida Statutes. While many drivers associate citations strictly with minor civil infractions like speeding or failing to yield, these documents also serve as the initiating charging instrument for serious criminal traffic offenses. When an officer issues a citation for a criminal traffic violation, such as driving under the influence (DUI), reckless driving, or driving with a suspended license, the citation itself acts as a summons directing the motorist to appear before a county court judge.
The distinction between civil and criminal traffic citations is critical under Florida law. Civil infractions are non-criminal violations that do not carry the threat of jail time and are typically resolved by paying a fine, attending traffic school, or requesting a hearing before a traffic infraction officer. Conversely, criminal traffic citations charge the driver with a misdemeanor or felony. Failing to sign a criminal traffic citation, or failing to comply with its instructions to appear in court, is a separate criminal offense that can result in an immediate warrant for the driver's arrest and the suspension of their driving privilege.
Bail and Pretrial Release for Criminal Citations
For minor criminal traffic citations, officers often release the driver at the scene after they sign the citation, which serves as a written promise to appear in court. However, for more severe criminal traffic offenses like DUI or leaving the scene of an accident involving injury, the driver is physically arrested and booked into a county jail. In these cases, the defendant must secure pretrial release through the standard jail booking process, which may require posting a cash bail or securing a surety bond through a licensed Florida bail bond agent before they can be released.