Criminal defense

Other Criminal Traffic Charges in Miami

Most traffic violations are civil tickets. A few are crimes that can mean jail and a criminal record. Three that often surprise people: not following an officer's order at a scene, using a license plate cover or flipper, and giving false information in a required crash or traffic report.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Failure to Obey a Lawful Order of a Police, Fire or Traffic Official

Florida law makes it a crime to willfully fail or refuse to comply with a lawful order or direction of a law enforcement officer, a traffic crash investigation officer, a traffic infraction enforcement officer, or a member of the fire department at the scene of a fire, rescue or other emergency (Fla. Stat. § 316.072(3)).

  • What the State must prove (Instruction 28.18): you were driving a vehicle or bicycle, or walking, on a public road or place where vehicles may travel; the official gave you a lawful order or direction about driving or walking; the official was acting in that role; you knew the order came from that official; and you willfully failed or refused to obey.
  • Penalty: second-degree misdemeanor (up to 60 days in jail and a $500 fine).

Using a License Plate Obscuring Device

Since October 1, 2025, Florida bans devices made or adapted to switch plates, flip a plate out of view, cover or obscure the plate number or validation sticker, or interfere with recording the plate (Fla. Stat. § 320.262).

  • Buying or possessing one: second-degree misdemeanor (up to 60 days and $500).
  • Making, selling or distributing one: first-degree misdemeanor (up to 1 year and $1,000).
  • Using one to help commit a crime, or to escape or avoid detection or arrest in connection with a crime: third-degree felony (up to 5 years and $5,000). What the State must prove for this charge is in Instruction 28.22.
  • Since October 1, 2026, the law says an ordinary license plate frame or decorative border is not an offense, as long as it does not block the plate number or the registration sticker.

False Report of Required Vehicle or Crash Information

Giving information in an oral, electronic or written report required by Florida's traffic law, knowing or having reason to believe it is false, is a second-degree misdemeanor (Fla. Stat. § 316.067). Instruction 28.25 lists four elements: you gave required information, to the person named in the charge, the information was false, and you knew or had reason to believe it was false.

Common Situations in Miami

  • Arguing with an officer directing traffic at a crash scene.
  • A tinted or smoked plate cover bought online, or a car bought used with a plate flipper already installed.
  • Telling an officer at a crash that someone else was driving.

How We Defend These Charges

  • Was the order lawful, and did you know it came from an official? Both are part of the charge.
  • Willfulness. Confusion, noise and conflicting directions are not willful refusal.
  • Is it really an "obscuring device"? And for the felony, the State must connect its use to a crime.
  • Knowledge of falsity in a report case.
  • Resisting charged too? See Resisting Arrest.

What to Do First

  1. Do not drive with a plate cover or device. If the car is part of your case, ask us before you remove or change anything.
  2. Write down what the officer said and who was there.
  3. Call us before arraignment.

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

Is a tinted plate cover illegal in Florida?

A device that covers, obscures or interferes with the legibility or visibility of the plate number or sticker falls under the law. Possessing one is a second-degree misdemeanor.

Is my license plate frame a crime?

Not if it does not block the plate number or the registration sticker.

Talk to Dennis

Call or send a WhatsApp message. English or Spanish.

Request ConsultationConsult Call 24 hoursCall 24/7 (305) 209-0384 WhatsApp