Martin County Speeding Ticket for Driving Thirty Miles or More Above the Speed Limit
If you have recently been ticketed in the state of Florida for driving thirty miles or more over the posted speed limit, it is important to know all your options before you decide what to do. What you need to know first, is that when you receive a ticket in the state of Florida for driving thirty miles or more over the posted speed limit, you are not allowed to simply mail in your speeding ticket. A court appearance for this ticket is mandatory, although you can ask your attorney to appear on your behalf, especially if you are from out of state. In 2013, there were 271 tickets given in Martin County for driving thirty miles or more above the speed limit. In 2014, that number rose to 367, and in 2015, it rose again to 425.
Although the fines for speeding thirty miles or more over the posted speed limit can range from $276 to $500, the judge in your case will decide your fine based on the facts of your case, your prior driving history, and any input from the officer who ticketed you. Other things you should know about a speeding ticket for going thirty miles or more over the posted speed limit in Martin County include the following:
• Although technically your driver’s license will not be suspended until you reach at least 12 points on your record, the judge could choose to suspend your license for a specific length of time.
• You will receive four points on your driving record if you are convicted of speeding thirty miles or more over the speed limit, or six if there was an accident due to your speed.
• You will be charged under Florida statutes 316.187, 316.189 and/or 316.183.
• Your speeding ticket—the original which is filed with the court clerk—must be signed by yourself and the officer.
• If your attorney can convince the judge to agree to deferred adjudication, you will have the opportunity to pay the fines, but receive no points on your record so long as you do not receive any more traffic tickets within a specified length of time.
• Florida implements all types of speed measure devices, including pacing, radar, laser, VASCAR and aircraft speed detection—although VASCAR and aircraft speed detection are used rarely. There are specific challenges associated with each of these which can be used by your attorney.
Defenses to Your Speeding Ticket
Unless you are an accomplished public speaker and have an extensive knowledge of the Florida laws which apply to your speeding ticket, it is almost always a better idea to have a Florida traffic ticket attorney by your side. Doing so ensures you present a professional appearance to the judge and that you are taking your ticket seriously. There are a number of defenses which could be used on your behalf by your Florida attorney, including the following:
• As noted, your attorney may be able to challenge the method used to determine your speed. The radar or laser might not have been properly calibrated or serviced, or if a laser was used, a very windy day could have skewered the results. Pacing requires the police officer to maintain a distance of 2/10ths of a mile for a specific amount of time, which can be very difficult.
• Your attorney may ask the police officer questions to determine whether he or she was adequately trained in the method used to determine your speed.
• If you were driving in heavy traffic when you received your speeding ticket, your attorney may argue you were driving with the flow of traffic, and, had you slowed down, you might have been responsible for an accident.
• Your attorney may attempt to show that although your speed was above the posted speed limit, you were nonetheless driving in a safe manner for the road, the traffic conditions and the weather.
• Your attorney could claim that you have a car which looks like many others, therefore the officer was confused about which car was actually speeding.
• If you truly had an emergency, the attorney can prove this, and the speeding ticket might be dismissed by the judge.
The primary reason you should fight this speeding ticket—or any speeding ticket—is so you can avoid points on your driving record, and, subsequently, lose your driver’s license. If you receive twelve points on your license within a twelve-month period, you will lose your license for a month. If you receive eighteen points within a period of eighteen months, you will lose your license for three months. Should you receive twenty-four points on your driving record within a three-year period, then you could lose your license for a year. Points on your driving record will also lead to the following:
• Extremely large increases in your auto insurance premiums;
• The possibility of your auto insurance company dropping you altogether;
• The potential loss of employment if you cannot drive;
• A downgrade to your credit rating, and
• Suspension of your driver’s license.
Your insurance rates can increase as much as 18 percent for your first ticket, and as much as 50 percent when additional points are added. These points remain on your driving record for a period of three years at a minimum. If the points on your driver’s license result in your credit score being lowered, you may also see an increase in interest rates for auto or personal loans. You could find it very difficult to obtain employment, since some 70 percent of major companies check credit ratings as a part of the employment screening process.
As you can see, it is extremely important to fight your speeding ticket. Having an attorney from The Law Place at your side, will ensure that you receive the very best outcome possible under your circumstances. Our attorneys have significant experience helping people just like you, and we understand the negative consequences you could suffer if points are added to your driving record. Don’t wait—call The Law Place today.
Martin County Courthouse
100 SE Ocean Blvd
Stuart, Florida 34994