Driving

The Graduated Driver Licensing (GDL) System is designed to gradually introduce new drivers to the privileges and responsibilities that come with driving. This system consists of three stages:

Learners Permits:

• Must be at least 15 years of age.

• Must complete a 6-hour Driver Education Traffic Safety Course (DETS)

• Must pass a written knowledge examination.

• Must always be accompanied by a licensed driver 21 or older in the passenger seat.

• Driving is only allowed during daylight hours for the first three months.

• After three months, driving is allowed until 10 p.m.

Intermediate/Provisional License:

• Must hold a valid learners permit for at least 12 months without any traffic convictions.

• Must be 16 or 17 years of age.

• Must pass a practical driving skills test.

• Must have completed 50 hours of supervised driving, 10 of which must be at night.

• For 16-year-olds, driving is only allowed between 6 a.m and 11 p.m unless accompanied by a licensed driver 21 years of age or older or to and from work.

• For 17-year-olds, driving is only allowed between 5 a.m and 1 a.m unless accompanied by a licensed driver 21 years of age or older or to and from work.

Full Class E License

• Must be 18 years of age or older.

• May be upgraded to from an intermediate/provisional license.

• Removes all GDL restrictions including curfews and passenger limits.

  
  

Teenager's driver's licenses can be suspended for various violations including accumulating too many points, traffic violations, drug/alcohol offenses or even missing too many school days. Suspensions may range from 30 days to one year depending on the severity of the offense. A revoked license requires the driver to reapply for their license and once again meet all the aforementioned requirements.

Speed Limits

• 70 mph on interstate highways.

• 65 mph on four-lane divided highways outside of urban areas.

• 55 mph on other state highways.

• 30 mph in urban/residential areas.

• Other areas are subject to district discretion.

Exceeding posted speed limits can result in fines, points on your license and increased insurance rates.

School Zone

• School zones require reduced speed limits, typically between 15-20 mph, during designated hours.

• Speed limit signs usually flash to indicate when school zone speeds are in effect.

• Fines for speeding in school zones are doubled, and violations carry additional points on your driving record.

• Florida has mandated that cameras be installed in school zones, allowing automated fines to be issued.

Stop Signs and Traffic Signals

• Drivers must come to a complete stop at stop signs and red traffic lights before the stop line or crosswalk.

• At red lights, right turns are permitted, ensuring safety of all parties involved, after stopping unless posted otherwise.

• Running a stop sign or a red light carries a fine and around four points on your license.

Right-of-Way Laws

• Right-of-Way rules determine who goes first at intersections and in traffic situations.

• Drivers must yield at yield signs, to pedestrians at crosswalks, to vehicles already in roundabouts, at uncontrolled intersections, to vehicles on the right, and other stated situations.

• Emergency vehicles with light/sirens always have the right-of-way.

• Failure to yield to either emergency vehicles or pedestrians can result in fines and points on your driver's license.

Lane Usage and Passing

• On multi-lane roads, slower traffic should keep rights while faster traffic should use left lanes for passing.

• Passing is only allowed on the left on two-lane roads when there is a dashed yellow line.

• Staying in the left-lane, passing lane, for an extended amount of time is not permitted.

• Illegal passing, improper lane changes, failure to use turn signals and staying in passing lanes can result in citations and points on your license.

  
  

Turns, U-Turns and Intersections

• Turn signals must be activated at least 100 feet before turning.

• Right turns should be made from the right lane into the right lane, left turns from the left lane into the left lane.

• U-turns are illegal at intersections with traffic signals unless a sign permits them.

• When turning, ensure to always yield to oncoming traffic.

School Buses and Emergency Vehicles

• When a school bus displays flashing red lights and extends its stop sign, all traffic in both directions must stop at least 20 feet away until the bus resumes motion.

• Emergency vehicles, such as police, fire or ambulance vehicles, with active lights and sirens require all drivers to pull over to the right and stop.

• Failing to stop any of these vehicles carries severe penalties.

Cell Phone and Texting

• Florida prohibits texting while driving. This includes manually typing, reading messages or other content on wireless devices.

• This ban is a primary offense, meaning the officer may stop drivers solely for texting.

• Hands-free and voice-operated devices are permitted, however, drivers under the age of 18 are not allowed to use wireless devices at all while driving, even with hands-free technology.

• Texting while driving violations result in fines and possible points on your license. Teen drivers, however, face additional consequences including potential license suspension.

Zero-Tolerance Alcohol Laws (Under 21)

• Florida has a strict zero-tolerance policy for drivers under the age of 21 regarding alcohol.

• Any measurable blood alcohol level (BAC), 0.02% or higher, results in an automatic six-month license suspension for first offense.

• A BAC of 0.05% or higher triggers DUI penalties, this applies even if the driver is not visibly impaired.

• Consequences can include suspension, fines, required alcohol education and community service.

Drug-Impaired Driving

• Driving under the influence of drugs, which includes marijuana, prescription medications and illegal substances, is prohibited.

• Law enforcement may conduct Drug Recognition Expert (DRE) evaluations if impairment is suspected.

• Even if legal, prescription medication can impair driving ability, and it is the driver's responsibility to understand how medications affect their ability to drive safely.

• Penalties can match or exceed alcohol DUI consequences aforementioned.

Fatigue and Drowsy Driving

• While drowsy driving is not specifically illegal, it significantly increases crash risk.

• Signs may include difficulty focusing, frequent yawning, drifting between lanes and missing exits.

• Stay safe and pull over to rest if feeling drowsy instead or attempting to push through.

Seatbelt Requirements

• Florida law requires all front-seat occupants and passengers under 18 in any seating position wear seatbelts.

• The recommendation is for all passengers to wear seatbelts at all times to ensure safety.

• The driver is responsible for ensuring all passengers under 18 are properly restrained and do not engage in unsafe behavior.

• The driver may be cited if passengers violate seatbelt or behavioral standards.

Passenger Limits for Teen Drivers

• During the first three months after receiving a license, teen drivers under 18 are recommended to only carry one passenger under 18 who is not a family member.

• After three months, this recommendation increases to no more than three passengers under 18 who are not family members.

Child Restraint Laws

• Children under 5 must be in federally approved child restraints.

• Children under 3 require car seats and ages 4-5 require car seats or booster seats.

• Children under the age of 13 should sit in the rear seats when possible.

• Teen drivers transporting younger siblings or other children must ensure proper restraints are used.

• Violations carry fines and points on your license.

Motorcycle and Scooter Helmet Laws

• Florida requires riders under 21 to wear helmets when operating or riding on motorcycles, scooters or mopeds.

• Helmets must meet Department of Transportation standards.

• Riders 21 and older must wear helmets unless they carry at least $10,000 in medical insurance coverage.

• Eye protection is required for all riders unless the vehicle has a windscreen.

What to Do During a Traffic Stop

1. Safely pull to the right side of the road

2. Turn off the engine (turn on interior lights if dark)

3. Keep hands visible on the steering wheel

4. Remain calm and polite

5. Do not exit the vehicle unless instructed

6. Wait for the officer to approach the vehicle and explain the reason for the stop

7. Follow all lawful instructions from the officer

What Documents Must Be Shown

• During a traffic stop, you must provide your drivers license, vehicle registration and proof of insurance when requested by law enforcement.

• Failure to provide the required documents can result in additional citations.

Police Questioning

• You have the right to remain silent beyond providing identification and required documents.

• You can politely decline to answer questions about where you’re going or where you’ve been. Lying to the police is illegal, but you can choose not to answer.

• If arrested or detained, clearly state you wish to remain silent and want an attorney.

• Being polite and respectful is important but you don’t have to consent to searches or extensive questioning.

Searches and Consent

• Police generally need a warrant, probable cause, or your consent to search your vehicle. You have the right to refuse consent to a search by stating “I do not consent to searches.”

• However, if an officer has probable cause, such as visible contraband, they may search without consent.

• Never physically resist a search, assert your rights verbally and let your attorney challenge the validity of the search in court.

Passenger Rights

• Passengers have similar rights to drivers during traffic stops, as they must provide identification when asked for and are not required to answer questions.

• Passengers should remain calm, keep hands visible and avoid sudden movements.

Traffic Citations and Warnings

• Citations: require your signature, which is not an admission of guilt but a promise to address the ticket. You can pay the fine, attend traffic school if eligible, or contest the ticket in court.

• Warnings: do not go on your record and do not require a payment or contest.

Moving vs. Non-Moving Violations

• Moving violations are when a vehicle is in motion, which include, speeding, running red lights, reckless driving and any other that may fall under this umbrella.

• Non-moving violations are when a vehicle is stationary, which may also encompass vehicle conditions, and these violations may be, illegal parking, expired registration or any other that may fall under this umbrella.

Florida Point System

• The Florida Point system is used to track driving violations committed by drivers, and points accumulate and may lead to penalties.

• Points range from 3-6 depending on the offense and remain on your record for 3-5 years depending on the severity of the violation.

• Point Accumulation:

  • 12 points in 12 months = 30-day suspension

  • 18 points in 18 months = 3-month suspension

  • 24 points in 36 months = 1-year suspension

Fines, Fees, Penalties and Court Costs

• Traffic fines vary depending on the violation type and the location.

• Speeding fines increase with speed over the limit, while some speeds (~30 mph over the speed limit) are considered criminal and constitute more serious penalties.

• In terms of payment, total costs can range from under $100 to over $1,000 for more serious offenses, along with late fees that may be incurred. Payment plans are also available for those unable to pay immediately.

• Habitual offenders (three or more major violations in 5 years) can have licenses suspended for 5 years.

• Some violations can become criminal offenses on the second or third occurrence.

• Teen drivers with multiple violations can face license suspension even if they don’t reach the point threshold.

  
  

Traffic School

• Florida allows drivers to attend traffic school to avoid points on their license, however, you may only elect traffic school once per year and up to five times in a lifetime.

• This course costs approximately $25-$30 (plus court costs), while it removes the points on the license, the violation remains in your record and insurance companies have access to these points.

What to Do After a Car Accident

1. After an accident, stop immediately and remain at the scene.

2. Check for injuries and call 911 if anyone is hurt.

3. Move vehicles to a safe location, if possible, without leaving the scene.

4. Turn on hazard lights.

5. Exchange information with other drivers (name, address, license numbers, insurance).

6. Take photos of the damage and the scene.

7. Do NOT admit fault.

8. Contact your insurance company, and if you are under 18, your parents as soon as possible.

When Must Police Be Called

• You must report any crash involving injury, death or property damage exceeding $500.

• Call 911 immediately for crashes with injuries.

• For property damage only crashes, you can file a report at the police station or online within 10 days.

• If the other driver appears impaired, uninsured or aggressive you should always call the police.

Hit-and-Run Laws

• Leaving the scene of a crash, aka hit-and-run, is a second-degree misdemeanor, whilst if it involves injuries, it is a third-degree felony.

• Hit-and-run causing death is a first-degree felony with mandatory minimum prison time.

• Always ensure that you remain at the scene, even if you believe the accident was not your fault.

Reporting Requirements

• Crashes must be reported to the Department of Highway Safety and Motor Vehicles within 10 days if they involve injury, death, or property damage over $500.

• Use the Florida Traffic Crash Report form for self-reporting.

• Failure to report a crash can result in license suspension.

• Your insurance company should be notified promptly regardless of who was at fault.

Insurance Claims

• Florida is a no-fault insurance state, which means your insurance covers your injuries regardless of fault through Personal Injury Protection (PIP).

• Property damage through the at-fault driver’s insurance.

• Report crashes to your insurance within a reasonable time (usually 24-72 hours).

• Remember to document everything, get witness statements, and follow your insurers instructions.

• If you are under 18 years of age, make sure you involve your parents in all insurance communications.

Towing and Roadside Emergencies

• If your vehicle is disabled move it safely off the roadway, if possible, turn on hazard lights, and call for roadside assistance or a tow truck.

• On highways, remain in your vehicle if its safe or move far away from the roadway.

• If your vehicle is impending traffic, police may tow it.

• Vehicles towed from crash scenes must be claimed within a specific time frame to avoid storage fees. Keep emergency contact numbers and roadside assistance information accessible.

Reckless Driving

• Reckless driving is willful or wanton disregard for safety of persons or property.

• It is a criminal misdemeanor punishable by up to 90days in jail and/or fines up to $500 for a first offense.

• If it causes property damage or injury, penalties can increase to up to 6 months in jail and $1,000 fine.

• Reckless driving adds 4 points to your license and significantly increases your insurance rates.

Street Racing

• Participating in a street race is a first-degree misdemeanor with penalties including up to one year in jail, fines up to $1,000 and a mandatory license revocation for one year for first offense.

• If you are a spectator at an illegal street race, you may also be charged.

• Even revving engine or facilitating a race can result in charges.

• Some penalties can include seized and impounded vehicles while repeat offenses or causing injury can carry felony charges.

DUI and Underage DUI

• Driving Under the Influence (DUI) is operating a vehicle with a BAC of 0.08% or higher, or while impaired by alcohol or drugs.

• For drivers under the age of 21, a BAC of 0.02% triggers penalties.

• First DUI conviction includes up to 6 months jail, fines of $500-$1,000, license suspension, vehicle impoundment, DUI school, community service, and possible ignition interlock device.

• Underage first offenders face automatic 6-month license suspension and must complete DUI school before reinstatement

Fleeing or Eluding Law Enforcement

• Willfully refusing to stop for law enforcement with lights and sirens activated is a third-degree felony.

• Penalties include up to 5 years in prison, mandatory license revocation, and fines.

• If fleeing involves high speed or disregard for safety, it becomes a second-degree felony with up to 15 years in prison.

• Always pull over immediately when signaled by law enforcement.

Driving with a Suspended License

• Knowingly driving with a suspended, revoked or cancelled license is a criminal offense.

• First offense is a second-degree misdemeanor with up to 60 days jail time and a $500 fine

• Second offense is a first-degree misdemeanor with up to one year in jail and $1,000 fine.

• Third and subsequent offenses are third-degree felonies, which up the penalties, and with every violation comes additional license suspension time.

Vehicular Manslaughter

• Vehicular manslaughter occurs when a death results from reckless driving or DUI, it is a second-degree felony with up to 15 years in prison and a minimum of 4 years.

• These are extremely serious charges with life altering consequences including lengthy prison sentences, permanent license revocation, and felony conviction status.

• The best prevention method is always driving safely, sober, and responsibly.

Civil vs Criminal Traffic Offenses

• Civil traffic infractions are non-criminal violations handled through traffic court, which handles speeding, running red lights, illegal turns and any other infractions.

• Criminal traffic offenses are crimes prosecuted in criminal court, which handles DUI, reckless driving, leaving accident and any other infractions.

• Understanding the distinction between is critical as one may result in fines and points, while the latter may result in arrest, jail time, probation and a permanent criminal record.

Juvenile Court vs Adult Court

• Most traffic violations for teens under 18 are handled in traffic courts like adults.

• However, serious criminal traffic offenses may go to juvenile court, which focuses on rehabilitation rather than punishment.

• Teenagers charged with certain serious offenses, like vehicular homicide or felony fleeing, may be transferred to adult court.

• While juvenile court records can be sealed, adult criminal records are permanent.

• The court considers age, offense severity and prior history when determining jurisdiction over the case.

How Age Affects Penalties

• Teenage drivers face stricter GDL restrictions that adults.

• Drivers under 21 have zero tolerance alcohol laws with lower BAC thresholds.

• First time offenders under 18 may be eligible for diversion programs not available to adults.

• Serious offenses, however, may still result in teens being charged as adults with full adults' penalties.

Long-Term Consequences

• Points remain on driving record for 3-5 years.

• Criminal traffic convictions create permanent records affecting employment, college applications and professional licenses.

• Insurance rates increase significantly and remain high for years after the violation.

• License suspensions delay full driving privileges while license revocation, resulting from habitual traffic offender status, can permanently impair your ability to drive.

Driving During Severe Weather

• Florida experiences frequent thunderstorms, heavy rain, and occasional hurricanes.

• Reduce speeds in wet conditions as hydroplaning may occur.

• Turn on headlights in rain to ensure your own visibility and for the other drivers on the road. If visibility becomes too poor, pull over.

• Never drive through flooded roads, just 6 inches of water can cause loss of control and deeper water may damage your vehicle.

• During hurricanes, avoid driving unless evacuating from the area in safe conditions.

• Allow extra following distance in all adverse weather conditions.

Driving with an Out-of-State License

• Visitors and new residents can drive in Florida with a valid out-of-state license.

• New Florida residents must obtain a Florida license within 30 days of establishing residency.

• Out-of-state drivers must follow Florida’s driving laws while driving in Florida, even if their home state has different rules.

• GDL restrictions apply based on Florida law, not your home states laws when driving in Florida.

Driving Rental or Borrowed Vehicle

• Teen drivers under 18 face restrictions when renting vehicles as most rental companies require drivers to be 21 or older, while some allow 18–20-year-olds with additional fees.

• When driving borrowed vehicles, ensure you are listed as an authorized driver on the owner’s insurance.

• Traffic laws apply regardless of vehicle ownership.

• Accidents in borrowed vehicles can affect both your insurance and the owner’s insurance.

Driver Responsibility for Damages

• Drivers are financially responsible for damages they cause in accidents; this includes property damage, medical expenses, lost wages, and pain and suffering.

• Even if you’re a minor, you can be held liable in civil court.

• Insurance coverage is intended to cover these damages, but if damages exceed policy limits, you or your family can be sued for the difference.

Parental Liability

• Florida law holds parents liable for property damage caused by minor children driving with permission.

• Parents who sign for teens license application accept financial responsibility for that teen’s negligent driving.

• This liability can be extended to injuries and damages caused by the teen driver.

• Parents’ insurance typically provides primary coverage, but parents can face lawsuits if damages exceed policy limits.

Insurance Liability

• Auto insurance provides liability coverage for damages you cause to others.

• Florida’s minimum required coverage is often insufficient for serious accidents.

• Teen drivers added to parents' policies significantly increase premiums. Violations and accidents cause the rate to increase further.

• Uninsured/underinsured motorist coverage protects you when hit by drivers without adequate insurance, full coverage (comprehensive and collision) protects your own vehicle.

Civil Lawsuits Related to Driving

• Anyone injured or suffering property damage in an accident can file a civil lawsuit seeking compensation.

• Lawsuits can be filed even after traffic citations are resolved.

• Personal injury and property damage lawsuits must generally be filed within four years in Florida.

• If sued, notify your insurance company immediately, they provide legal defense.

• Judgements exceeding insurance coverage can result in wage garnishment and asset seizure.

Myths About Teen Driving Laws

• “Curfew only applies if I get pulled over.” False, it is illegal to drive during restricted hours.

• “Passenger limits don’t apply to siblings.” True, family members are exempt.

• “I can drive alone with a learners permit to school.” False, must have a licensed adult 21+ in the front seat.

• “Points disappear after paying the ticket.” False, points remain for 3-5 years.

Misunderstandings About Police Authority

• “Police can’t pull me over without a reason.” False, can stop for any traffic violation or reasonable suspicion.

• “I have to answer every question.” False, you can politely decline beyond identification.

• “Police need a warrant to search my car.” False, probable cause is sufficient.

• “If they don’t read Miranda rights, charges are dropped.” False, Miranda Rights are required before custodial interrogation.

Myths About Points, Tickets and Records

• “Paying the ticket removes it from my record.” False, it actually adds it to your record.

• “Traffic school removes the violation.” False, prevents points but violation remains.

• “Points expire after a year.” False, 3-5 years depending on the violation.

• “Out-of-State tickets don’t count.” False, many states share violation information.

When to Contact a Lawyer

• Consider contacting an attorney for: criminal traffic charges (DUI, reckless driving, leaving accident scene), accidents involving serious injuries, license suspension hearings, charges that could affect college/employment, when facing points that could cause suspension, hit-and-run allegations, or any felony charges.

• Early legal consultation can significantly impact the case outcome, and many attorneys offer free initial consultations.

Free or Low-Cost Legal Aid for Traffic Cases

• Legal Services of Greater Miami

  Phone Number: 305-576-0080

  Cost: Free for qualifying low-income individuals

  Best for: Driver’s license suspension and reinstatement issues

• Drive Legal Program

  Phone Number: 305-548-5363

  Cost: Low cost and payment plans are available

  Best for: Resolving unpaid tickets, license suspensions and driving status

• Operation Green Light

  Phone Number: 305-999-5363

  Cost: Free or reduced fees

  Best for: Resolving unpaid fines/fees and reinstatement of licenses

• Ticket Clinic Miami-Dade

  Phone Number: 305-985-1216

  Cost: Free consultation but paid work

  Best for: Resolving tickets

Court Resources in Florida

• Florida Courts website provides access to court information, forms and procedures.

• Each county has a clerk of court website with local traffic court information, payment options and court dates.

• Many courts offer online services for paying citations, requesting traffic school and viewing case information.

• Court self-help centers provide forms and guidance for representing yourself, always verifying your local court procedures as they may vary by county.