Criminal defense
Impersonating a Police Officer or Rideshare Driver in Miami
Florida treats pretending to be a police officer as a felony, and federal law punishes pretending to be a federal agent. Since July 1, 2025, Florida also makes it a crime to pose as an Uber, Lyft or other rideshare driver.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
Falsely Personating an Officer (Fla. Stat. § 843.08)
What the State must prove (Instruction 21.16): you falsely assumed or pretended to be one of the officials the law lists, such as a police officer, deputy sheriff, Highway Patrol or FWC officer, corrections officer, prosecutor, firefighter, licensed security officer or federal law enforcement officer; and while doing so you took it upon yourself to act as that officer, or required someone to help you in a matter related to that officer's duties.
Instruction 21.16 was last amended in 2020 and has not caught up with later changes to § 843.08. It still names a fire or arson investigator of the Department of Financial Services, which the statute no longer names, and it does not name personnel of the Division of Criminal Investigations, which the current statute lists. The current statute controls.
Penalties:
- Third-degree felony (up to 5 years and $5,000).
- Second-degree felony (up to 15 years and $10,000) if done during the commission of a felony.
- First-degree felony (up to 30 years and $10,000) if that felony results in someone's death or personal injury.
Using Red or Blue Lights to Stop Another Car (Fla. Stat. § 316.2397)
Driving with a red, red-and-white or blue light visible from directly in front is generally a noncriminal infraction for vehicles not allowed to use them. Using that light to stop or try to stop another vehicle is a third-degree felony. See Instruction 28.21.
Impersonating a Rideshare Driver (Fla. Stat. § 316.2021)
Since July 1, 2025, a person may not pose as a transportation network company driver by making a false statement, displaying counterfeit company signs or logos, or acting as if responding to a ride request. Willfully doing it is a second-degree misdemeanor (up to 60 days and $500); doing it during or to help commit a separate felony is a third-degree felony. See Instruction 28.20.
Federal Charge: Impersonating a Federal Officer (18 U.S.C. § 912)
Pretending to be an officer or employee acting under the authority of the United States, and either acting as such or demanding or obtaining money or anything of value, carries a fine, up to 3 years in federal prison, or both. The Eleventh Circuit pattern instruction (O33) also requires that the person acted knowingly with intent to deceive or defraud another. See Federal Crimes.
Common Situations in Miami
- A security guard or bouncer in a police-style uniform who tells someone to "stop" or "come with me."
- Red or blue lights on a private car or truck, and another driver pulls over.
- A driver outside a club who says "I'm your Uber."
How We Defend These Charges
- Did you claim to be an officer? A uniform or vest is not the same as pretending to be police.
- Did you "act as" one? The Florida charge requires acting as the officer or demanding help in an officer's duties.
- Lights. Was the light visible from directly in front? Did it actually stop, or try to stop, another car?
- Willfulness and intent, for the rideshare and federal charges.
What to Do First
- Do not explain yourself to investigators. Ask for a lawyer.
- Call us, including before you answer questions from federal agents.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
You can read about some of our past cases on our Results page.
Frequently Asked Questions
I'm a licensed security guard. Can I be charged?
Licensed security officers are on the list of people others may not impersonate. A guard can be charged if he or she pretends to be a police officer and acts as one.