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“You Must Obey All Laws”: Can a Speeding Ticket Send You to Prison?

A Violation of Probation for a Traffic Citation - Is This Legal?

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.

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