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Speeding Offense - 50MPH or More Over Limit (316.1926)

Under Florida Statute 316.1926, speeding offenses 50mph or more over the posted limit are classified as a moving violation, which can result in four (4) points being assessed, if convicted. However, 50mph or greater speeding offenses are treated differently than any other speeding violation in Florida. Contrary to popular belief, there is no law in Florida that applies specifically to speed offenses involving a speed of 100mph or greater - the seriousness of the offense is based upon the rate of speed that you are traveling over the posted limit. Offenses that are charged under Florida Statute 316.1926 have penalties that are much more severe than your typical speeding violation ( 5mph to 29mph over the posted limit) and significantly more severe than the penalties typically imposed for mandatory court offenses for going 30mph to 49mph over the posted limit. The penalties for violating Florida Statute 316.1926 are explained in Section 318.14(13), Florida Statutes:

Speeding 50+ MPH Over Limit (First Violation) - Mandatory Fine of $1000 and the Judge has the discretion to convict the offender (4 Points), order driving school (up to 12 hours in person), suspend the offender's license, and any other lawful penalty (but no jail time, since this is not a criminal offense, it is a civil traffic offense, a moving-violation)
Speeding 50+ MPH Over Limit (Second Violation) - Mandatory Fine of $2500, Mandatory One Year License Revocation, and the Judge has the discretion to convict the offender (4 Points), order driving school (up to 12 hours in person), and any other lawful penalty (but no jail time, since this is not a criminal offense, it is a civil traffic offense, a moving-violation)
Speeding 50+ MPH Over Limit (Third or Subsequent Violation) - This offense will be charged as a Third Degree Felony, which wiill result in a Mandatory Fine of $5000, Mandatory Ten Year License Revocation, and up to
Five Years Imprisonment. In addition, a conviction will affect your ability to obtain employment, to be approved for housing, to vote, to own a gun, and many other collateral consequences.

The language of Section 318.14(13), Florida Statutes, does not expressly require two prior "convictions" for your offense to be enhanced to a felony criminal offense - it only requires an offender be "cited for" two prior 50MPH+ Offenses in their lifetime. However, a 50MPH+ Over Speeding Violation will not appear on your driving record if it is Dismissed or Reduced by your Florida Traffic Ticket Lawyer.

In all speeding cases, even those involving a speed that is 50mph or more over the posted limit, there are always many potential technical and/or factual defenses, which can result in the citation being Dismissed or Reduced. There are several statutes and rules that restrict the admissibility of speed-based evidence, whether it is obtained using radar, laser, speedometer or as calculated using a stopwatch or other timing device (when speed is acquired by aircraft). For example, Section 316.1906, Florida Statutes, requires the Officer to prove that he/she has completed the radar training course satisfactorily, has made an independent visual determination of your vehicle's speed, that the conditions (at the time of the alleged offense) permitted the clear assignment of speed to a single vehicle, was operating an approved radar unit, and a few other requirements. If the Officer cannot meet these requirements, the Judge will likely Dismiss Your 50MPH+ Speeding Violation.



Fight Your 50MPH+ Speeding Violation Now

Being charged with a serious traffic offense, such as a 50MPH+ Speeding Violation, can have a devastating effect on your license, employment, financial well-being (insurance premiums), and your freedom (if charged with a third violation). Don't take risks by going to court without an attorney or, even worse, hiring a lawyer based on an advertisement or because they were the most affordable - you need to hire an experienced traffic attorney who will fight to protect your interests.

Attorney David Gilbert has represented hundreds of individuals charged with Florida Speeding offenses, including offenses for 50MPH or More Over the Posted Limit. Attorney Gilbert will evaluate your case, review all of the available evidence, develop a mitigation plan (when necessary), and represent you at your court hearing(s), and fight to get your 50MPH+ Speeding Offense Dismissed. Contact Attorney David Gilbert Today for a Free Legal Consultation for Your Florida Speeding Violation.

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The hiring of a traffic ticket attorney is an important decision that should not be based solely upon advertisements. Before you hire a lawyer, you should request information about the attorney's qualifications and experiences. The information contained on this website is not intended to provide you with legal advice about your specific traffic case. Any correspondence made between yourself and our law office via this website does not and will not constitute an attorney client relationship.