Generally, Florida police officers will not stop someone for going a few miles above the speed limit on a highway or freeway, so long as they are not endangering others with their speed. More than a few miles over the speed limit, however, and you are taking the chance of receiving a speeding ticket. If you are going 30 miles or more above the posted speed limit, you should not expect much mercy from the police officer who pulls you over. There are different rules, and enhanced penalties for a speeding ticket at 30 miles or more over the speed limit as compared to lower speeds.
The Circumstances of Your Traffic Stop
The circumstances surrounding your stop will also factor in to whether the officer is willing to give you any break at all, by writing the ticket for 29 miles per hour over the speed limit, rather than 30. If you are driving 30 miles or more above the posted speed limit in a school zone, a residential area, or a construction zone, not only will the officer be unlikely to cut you any slack, your fines will be doubled in a construction zone or school zone. The state of Florida handed out more tickets than any other state in 2012, and in Lee County specifically, there were 570 tickets given in 2013 to drivers exceeding the speed limit by 30 miles per hour or more. That number rose to 582 in 2014, and rose even higher to 663 in 2015.
Fines Associated with Your Speeding Ticket
If you have received a speeding ticket in Lee County for exceeding the posted speed limit by 30 miles or more, it would be wise to speak to an experienced Florida attorney who can help you minimize the consequences of such a ticket. The fine for your speeding ticket varies from one Florida county to another, however for speeds more than 30 miles per hour over the posted speed limit, you could pay a fine from $276 to $500. For driving 50 miles or more above the speed limit, you could pay a minimum fine of $1,000. The fine, however, is not the worst part of such a speeding ticket.
Other Issues Associated with Your Florida Speeding Ticket
First and foremost, at a ticket for this speed, you are not allowed to simply drop a check in the mail and go on about your life. A court appearance is mandatory—unless you hire a Lee County attorney who can appear on your behalf. This could be particularly important if you live out of state. Keep in mind that judges have heard literally every excuse in the book—probably hundreds or thousands of times. So, unless you truly were not speeding (and you have some sort of proof of that), it is probably not worthwhile to try to talk your way out of the ticket, and a better idea to let your attorney do the talking.
Points on Your Driving Record
The better choice is to appear with your attorney, which immediately gives you a professional appearance, and shows you are taking the matter seriously. What you probably need to worry about at this point, are the points which will be added to your driving record should you be found guilty of speeding at 30 miles or more over the posted speed limit. If found guilty, you will receive four points. Take this seriously—however twelve points within twelve months will result in the loss of your license for a month.
Eighteen points within eighteen months will result in the loss of your license for three months, and twenty-four points within a period of thirty-six months will result in your drivers’ license being suspended for a full year. If you had an accident as a result of the excess speed, you will receive six points, rather than four. Therefore, if you have received any other traffic offenses, you could well be without a driver’s license for a significant period of time. There are other issues associated with speeding more than 30 miles or more over the speed limit, such as:
• Anyone traveling 30 miles per hour or more above the posted speed limit does not have the option of attending traffic school to avoid points on your driving record;
• Your fine can vary significantly, based on the facts surrounding your ticket, your past driving record and input from the officer;
• Your Florida speeding ticket will be charged under Florida statutes 316.187, 316.189 and/or 316.183;
• The original ticket which is filed with the clerk of the court must be signed by you and by the officer;
• Your attorney might be able to convince the judge to withhold adjudication; if you receive no other tickets within a specified length of time, you will still be required to pay the fines, but you will receive no points on your driving record;
• The defense used by your attorney on your behalf could be tied to the type of speed measurement device used to measure your speed—pace clock, VASCAR, radar, laser or aircraft speed detection (although VASCAR and aircraft speed detection are rare).
Having a knowledgeable Florida attorney from The Law Place by your side throughout this process will make it much simpler, and will also ensure the best outcome possible. Your attorney will be thoroughly acquainted with the laws relating to your speeding ticket and knows what questions to ask the police officer in order to determine whether all rules were correctly followed. If there is an issue with the type of speed detection used, your attorney can bring this to light. Don’t wait and simply hope for the best—call The Law Place today.
Lee County Courthouse
1700 Monroe Street
Fort Myers, Florida 33901