There are two different statutory offenses that encompass the act of unlawful speed. First, you may have received a speeding citation under Florida Statute 316.074(1), which is Failure to Obey Traffic Control Device. Under this statute, the officer is alleging that you failed to obey the speed limit sign. If you have received a citation for speeding under this statute, the officer was giving you a break financially because this offense carries a much lower fine and generally, less points. However, this citation can still be challenged in court.
The other widely issued citation is for unlawful speed, which means that you were traveling at a speed that was higher than the posted speed limit. The officer can allege that he measured your vehicle traveling at a specific rate of speed or that your speed was not reasonable under the conditions present at the time of the offense. The fine amount and number of points is determined by how fast you were allegedly operating your vehicle in relation to the posted speed limit. Your speed can be measured by the officer using a pace car, laser, radar, or airplane (stopwatch).
Whenever you are caught traveling at 30mph+ over the posted speed limit, your ticket will receive a mandatory court date. You can either appear at this hearing on your own or hire an experienced traffic attorney to appear on your behalf and resolve the citation. You may be facing a significant fine, points, and/or driving school (up to 12 hours in person school).
If you were issued a citation for driving 50mph+ over the posted speed limit, you could be facing a fine of up to $1000.00, plus driving school (up to 12 hours in person). If you receive a second 50mph+ citation, the fine can go up to $2500.00 and your license may be revoked for one year. On your third offense, you could be facing a felony charge, a much higher fine, and a 10 year revocation of your license.
Don't take risks with your driving privilege, call me for a free consultation instead.
Attorney David P. Gilbert
Gilbert Law Firm, PLLC | Clearwater, FL