Improving Police: A Necessary Conversation
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How a Traffic Offense Can Be a Ticket to Prison
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How can a traffic offense get you a ticket to prison?
The answer is, “Quite easily if you’re poor!”
Let’s take a look at the system of court fines and then correct it, our criminal justice system is rigged against poor people – and a big part of the Ferguson problem was how this system was working against the poor.
Prof. Karin Martin at John Jay College of Criminal Justice had some interesting things to say about these disparities in a recent letter to The New York Times:
“My research on the use of monetary penalties indicates that the widespread system of assessing interconnected fines, fees, penalty assessments and the like raises challenging questions of fairness. For a public institution to be the originator and the beneficiary of fines provides a troublesome incentive to direct resources away from other critical but less lucrative law-enforcing or adjudicating tasks (clearing backlogs of DNA analysis or testing rape kits). In fact, collection rates nationwide are abysmal: far below 50 percent in some jurisdictions. Most problematic is the tendency of fines and fees to be self-perpetuating (failure to pay prompts additional fees) and net-widening (subjecting more offenses to fines). A result is that the system of fines violates the fundamental tenet of proportionality in our criminal justice system.
“A good solution would be to follow the European model of day fines, in which monetary sanctions are calculated as a percentage of income. This approach takes into account offense severity in addition to ability to pay. As such, it is an effective punishment that generates income, but it does so without sacrificing justice.” [See also Ferguson Sets Broad Change for City Courts.]
She presents a reasonable solution — fines should be based on income not some legislated sum of money.
So how does a traffic ticket get you to prison? It goes like this: You are poor and looking for work. This morning you are driving to a new job. You’re late and you are driving too fast. You need get to work on time. Now you are stopped by police.
You don’t consider yourself a criminal and certainly not a person who could ever end up in prison. Prison is for bad people and you’re not a bad person. Sure, you might smoke a little dope, but would never steal anything or hurt anyone. People who do that should go to prison, but that’s not you.
You have now just been handed a $200 speeding ticket. You can’t pay it. You have no money. So you don’t show up in court and now a warrant for your arrest is out there in cyberspace. Still, you don’t considered yourself to be a criminal.
Now you need to avoid police at all costs. You can’t afford to go to jail and loose this new job. Your driver’s license is now suspended. Public transportation in your city will not get you to where you work. You continue to drive your ca
You must not get stopped by police. But an optical-scanning device reads your vehicle plates and you are stopped by police. You have three options, speed away, dump the car and run, or submit to arrest. Either option will eventually get you in jail.
You submit to arrest. You’re now in jail and have lost the job that took you three months to find. A job, incidentally, needed to support not only you but your family. Fees and more fees are tagged on to that original $200 fine.
When you get out of jail you still need to find a job and you need transportation.
The next time you are stopped you vow not to be arrested. You simply cannot afford it. So you run and are caught and physically arrested, you try to get away. The end result is that you are charged with resisting arrest and, possibly, battery to a police officer as a result of your resistance.
State prison is now just a matter of time.
Campbell Robertson and Joseph Goldstein reported in the New York Times last month that this problem is very present in St Louis County, Mo. and Ferguson. However, this situation is not restricted to St Louis County, it is a situation that exists in almost every city in America.
“Young black men, who in many towns in St. Louis County are pulled over at a rate greater than whites, routinely find themselves in the patchwork of municipal courts here, without lawyers and unable to pay the fines levied for their traffic violations. Many end up being passed from jail to jail around the county until they can pay their fines and in some cases other administrative fees, a revenue source on which some towns are growing increasingly reliant.
“’It angers people, because it seems like they’re just messing with you,’ said Cameron Lester, a 22-year-old college student who knew Mr. Brown, and days earlier was protesting his death. He described how an unpaid $75 ticket once turned into days behind bars in two different police stations and hundreds of dollars in fees. He was skeptical about change…
“When a person fails to appear and pay, here as in many other places, a warrant is issued and that person’s license is suspended. In the hodgepodge of cities that make up St. Louis County, some drivers may have multiple warrants. In Ferguson, more than one and a half warrants have been issued for every resident (my emphasis). And as the warrants stack up, so do the fines: Not showing up to pay a $90 taillight violation means a failure-to-appear warrant with its own fee of $100 or more; each successive failure-to-appear warrant adds to that; and if there is a stop, there are incarceration fees and towing fees.
“’In the end,’ said Brendan Roediger, an assistant professor at St. Louis University Law School, ‘a person who had trouble coming up with $90 might owe a jurisdiction well over a thousand dollars…’”
To read their full story, CLICK HERE.
So what can be done? How do we get off the merry-go-round of imprisoning poor people for traffic infractions and minor offenses?
One solution would be to have a sliding scale based on income for offenders. Another would be to adopt the European systems of a percent of your daily wage. But what would the result be?
You and I know, decreasing income to city coffers and, in response, the raising of taxes. Let’s see, who’s in favor of that?
These are the type of system inequities that police leaders should identify and work to change. The current system we use is simply unfair and must be changed.
Keeping this system operating is not going to bring peace to our cities or insure the safety of our police officers. Instead, it puts our nation’s police in the increasing view of being unfair and presiding over a system of fundamental unfairness; a system which targets the poor and puts them in prison.
Can You Go to Jail for a Traffic Violation?
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In Florida, traffic violations come with various penalties, ranging from fines to the suspension of your driver’s license. But can you actually go to jail for a traffic violation? The answer is yes, depending on the severity of the offense and your driving history.
Understanding when jail time is possible and how to avoid it is crucial for all motorists. Our legal team at Archer Law can assess your situation and proudly fight for your rights.
Types of Traffic Violations That Can Lead to Jail Time
Not all traffic violations will result in jail time. However, several offenses are serious enough to lead to incarceration. Here’s a closer look at each:
Driving Under the Influence (DUI)
First-time offenders: Even first-time offenders can face jail time, with sentences ranging from a few days to several months, depending on the jurisdiction and circumstances.
Repeat offenders: Multiple DUI offenses can result in progressively harsher penalties, including extended jail terms, hefty fines, and mandatory alcohol education programs.
Aggravating factors: Injuries, fatalities, or extremely high blood alcohol levels can lead to more severe charges and longer sentences.
Reckless Driving
Definition: Defined as operating a vehicle with willful and wanton disregard for the safety of persons or property.
Consequences: Jail sentences can range from a few days to several months. In some cases, particularly egregious behavior can result in felony charges with longer incarceration periods.
Factors considered: Speeding excessively, aggressive maneuvers, and endangering others on the road are contributing factors to a reckless driving charge.
Habitual Traffic Offender (HTO)
Designation: Typically, an HTO is someone who has accumulated a significant number of serious traffic violations within a specific timeframe.
Penalties: Once designated, further violations can lead to substantial jail time, revocation of driving privileges, and significant fines.
Examples: Multiple DUIs, repeated reckless driving offenses, and frequent suspensions can contribute to HTO status.
Driving with a Suspended or Revoked License
Initial offenses: First-time offenders may face fines and short jail sentences, but leniency decreases with each subsequent offense.
Repeat offenses: Repeatedly driving without a valid license can lead to progressively harsher penalties, including mandatory jail time, increased fines, and extended periods of license suspension.
Aggravating circumstances: Having a suspended license due to a DUI or causing an accident while driving without a license will likely result in more severe penalties.
Fleeing and Eluding Law Enforcement
Nature of the offense: This is considered a serious crime, involving the deliberate attempt to evade a police officer during a traffic stop or pursuit.
Penalties: Almost always result in jail time. Depending on the severity and the jurisdiction, sentences can range from months to several years.
Additional charges: May also face additional charges such as reckless driving, endangerment, and obstruction of justice.
Leaving the Scene of an Accident
Involving injuries: If the accident involves injuries, the driver can face substantial jail time, including felony charges.
Involving fatalities: Leaving the scene of an accident that results in a fatality can lead to long-term imprisonment, hefty fines, and severe legal consequences.
Hit and run: Even accidents involving only property damage can result in serious penalties if the driver fails to stop and exchange information.
Understanding the severity and potential consequences of these traffic violations is crucial. Ensuring compliance with traffic laws not only helps avoid legal troubles but also promotes safer roads for everyone.
Potential Jail Terms for Common Violations
The length of jail sentences can vary based on the specifics of the violation and previous offenses:
- First-time DUI offenders: Up to 6 months in jail.
- Subsequent DUI offenses: Increased jail time, potentially over a year.
- Reckless driving: Up to 90 days for a first conviction, with increasing penalties for subsequent offenses.
- Driving with a suspended license: Up to 1 year for repeat offenders.
- Leaving the scene of an accident: Up to 5 years if the accident involved injuries.
Traffic Offenses That Don’t Lead to Jail Time
While certain traffic violations can result in significant penalties, many offenses do not lead to jail time. These lesser violations typically involve fines, points on your driving record, and potential increases in insurance premiums. Some common traffic offenses that generally don’t result in incarceration include:
- Speeding: Although fines and points are common punishments, exceeding the speed limit usually doesn’t result in jail time unless it is excessive to the point of being considered reckless driving.
- Running a red light: This offense is often met with fines and points on your license. Repeated violations can further impact your driving record and insurance rates but rarely lead to jail.
- Illegal parking: Penalties for illegal parking often come in the form of tickets and fines. In some cases, your vehicle may be towed, but jail time is not a typical consequence.
- Failure to use a seatbelt: This infraction generally results in a fine and could lead to points against your driving record.
- Non-moving violations: Offenses such as having an expired registration or failing to renew a driver’s license typically yield fines and are resolved with administrative measures rather than jail time.
- Minor equipment violations: Driving with a broken taillight, missing mirrors, or other minor equipment issues usually results in a fix-it ticket rather than more severe penalties.
Understanding which violations are less likely to result in jail time can help you remain informed and avoid unnecessary stress. Always strive to follow traffic laws to ensure safety and compliance.
Legal Defense Strategies
Having a robust legal defense can significantly impact the outcome of your case. Here are some strategies to avoid or reduce jail time:
- Challenge the evidence: Question the validity and reliability of the evidence against you.
- Negotiate plea deals: Work with the prosecutor to negotiate lesser charges or reduced penalties.
- Mitigating circumstances: Present any factors that may reduce your culpability or justify a lesser sentence.
How a Traffic Offenses Attorney Can Help
An experienced traffic offenses attorney can be invaluable in defending against accusations of serious traffic violations. Here’s how they can assist:
- Case investigation: Thoroughly examining all aspects of the case to build a strong defense.
- Court representation: Advocating on your behalf to argue for reduced penalties or dismissal of charges.
- Negotiations: Engaging in plea negotiations to limit or avoid jail time.
Strong & Reliable Representation
While many traffic violations in Florida may seem minor, several can result in jail time, especially if you have prior offenses or the violation caused significant harm.
Understanding the gravity of these offenses and securing expert legal representation can make a substantial difference in the outcome of your case. If you are facing serious traffic violation charges, contact our team at Archer Law to ensure your rights are protected and to explore your options for the best possible resolution.
“You Must Obey All Laws”: Can a Speeding Ticket Send You to Prison?
By: John Guidry
I’ve been practicing criminal defense here in Orange, Seminole, and Osceola counties for over twenty years. (My web optimizers love sentences like that. Their arm hairs stand at attention because I’m telling you where I practice and how long I’ve been doing it. Just bear with the shameless SEO plug).
My Scientific Findings: Florida probation officers violate probationers more than they should.
- The Reality: They often file violations because they are angry or frustrated, not for valid legal reasons.
- The Shocker: Judges often sign these illegal warrants without a second glance.
The Question: If the Judge says, “You must obey all laws,” does getting a speeding ticket mean you go to prison?
Did your PO violate you for a minor traffic ticket?
Civil infractions are NOT crimes. Call John today at (407) 423-1117.
The Case: Walker v. State (The Red Light & The Bump)
Let’s look at Walker v. State, 120 So. 3d 96 (Fla. 4th DCA 2013).
- The Setup: Walker was on 3 years of probation.
- The Incident: He allegedly fled from police. During the chase, his car “bumped” the police car twice. He also ran a red light.
- The VOP: The Judge found him guilty of violating probation for Aggravated Battery on LEO (the bump) and Disobeying a Traffic Signal (the red light).
- The Sentence: 5 Years in Prison.
Ruling 1: Traffic Tickets Are Not Crimes
Walker appealed, arguing that a traffic citation cannot be the basis for a VOP.
- The “Obey All Laws” Myth: When a Judge says “Obey all laws,” they mean Criminal Laws.
- The Distinction: You can drive “55 in a 54” (Jay-Z style) and get a ticket. That is a Civil Infraction, not a crime. Unless the Judge included a Special Condition specifically prohibiting traffic tickets, a simple red light ticket cannot send you to prison.
The Result: The Court overturned the violation for the red light.
Ruling 2: “Bumping” a Cop Car is Not Battery
The State also argued that when Walker’s car touched the patrol car, it was Aggravated Battery on a Law Enforcement Officer.
- The Law: To prove Aggravated Battery with a vehicle, there must be evidence that the impact injured the occupant or jostled/spun them about.
- The Evidence: The officer testified he was “scared” by the impact, but the photos showed only minor damage. There was no evidence he was physically moved or jostled inside the cabin.
The Result: The Appeals Court overturned the Aggravated Battery violation.
“The State presented no other testimony or evidence showing that the officer was physically affected in any way by the collision.”
Being “scared” is not battery. Because the State failed to prove physical impact to the person (not just the car), Walker’s 5-year sentence was scrapped.
John’s 2026 Update: Telemetry Data & Auto-Tickets
Note: In 2013, we argued about how hard the “bump” was. In 2026, the car tells us exactly how hard it was.
1. Telemetry Data (The “G-Force” Defense) In Walker, the officer testified he was “scared.”
- The 2026 Defense: All modern police cruisers and civilian cars have Black Box Recorders.
- The Proof: We download the data. If the telemetry shows the impact registered 0.1 G-Force (equivalent to a speed bump), we prove scientifically that the officer was not “jostled” or “spun.” Science beats the “scared” testimony every time.
2. Automated “VOP” Notifications In 2026, traffic enforcement is largely automated.
- The Trap: If you run a red light, a camera issues the ticket. The Probation App on your phone detects the new citation instantly and notifies your PO.
- The Defense: POs still try to file VOPs for these auto-tickets. We still use Walker to argue: “Judge, this is a civil infraction initiated by a camera. It is not a crime, and it is not a violation.”
3. “Smart City” Surveillance In a chase scenario like Walker, the State now uses Smart City footage.
- The Risk: Even if you don’t hit the cop car, they might charge you with Reckless Driving (a criminal offense) based on drone or traffic camera footage showing you weaving. This is a crime and will violate your probation.
Don’t Let Them Exaggerate the Impact
If you barely tapped a bumper, that is not a Battery. If you got a speeding ticket, that is not a Violation. Prosecutors love to turn molehills into mountains. We stop them.
Call me at (407) 423-1117. Let’s look at the data.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.
