Is it illegal to flip off a driver on a Florida road? Scream ‘Idiot’? What the law says

Miami Herald
·2 min read
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Whether you’re a visitor or a commuter, it pays to know the law about road rage in Florida.

Can a driver curse out another driver, or even a pedestrian, and shoot him the bird?

At your own risk.

While shouting and gesturing aren’t against the law in Florida, aggressive driving and physical confrontations can be. So if an animated temper leads to a dangerous act on the road, that can lead to an arrest and charges.

READ MORE: Why are we so angry behind the wheel? Drivers bring out the road rage in South Florida

Here’s where Florida law stands on road rage and aggressive driving:

Road rage and aggressive driving

Not all aggressive drivers have road rage. Not all drivers with road rage drive aggressively.

Florida law defines aggressive driving as “committing two or more of the following acts simultaneously or in succession”:

▪ Exceeding the posted speed

▪ Unsafely or improperly changing lanes

▪ Following another vehicle too closely

▪ Failing to yield the right-of-way

▪ Improperly passing

▪ Violating traffic control and signal devices

While the law doesn’t specify charges for aggressive driving, the behaviors can land you a ticket, such as speeding or running a red light.

In 2021, 692 people died in fatal crashes in the U.S. because of aggressive driving, according to the National Highway Traffic Safety Administration.

Some states have harsh punishment on the books for aggressive driving. In Georgia, for example, it could land you up to a year in jail and a $5,000 fine, according to AAA. But states also have their own definitions for aggressive driving.

Pulling out a gun when you have road rage

In 2022, 31 road rage incidents in Florida involved a person hit by gunfire, either wounded or killed, according to the Gun Violence Archive. If you show your gun, you could be charged with an improper exhibition of a firearm. It’s a misdemeanor and punishable by up to one year in jail and up to a $1,000 fine.

Even worse, you could be charged with aggravated assault with a deadly weapon. That’s punishable by up to five years in prison and up to a $5,000 fine.