Is Driving Over 90 MPH a Felony in FL?

It is easy to pick up speeding tickets in Florida, and many people dismiss them as being non-serious events that have few consequences. However, it is important to be aware that even though speeding tickets that are issued for going well above the posted limit are not usually classed as felonies, they do come with very serious penalties, including a mandatory court summons. It is in your best interest to have the ticket dismissed to avoid long-term consequences.

If you have picked up a speeding ticket in Florida for driving anything more than 50 mph over the speed limit, your ticket is not simply a matter of a fine and a few points. A speeding ticket lawyer from Florida who knows the laws of the state can help you to contest these charges in order to have them reduced or even dismissed.

At The Ticket Lawyers in Florida, we focus solely on traffic tickets, so our knowledge and experience are second to none. We regularly deal with state prosecutors and judges in the local area, and we know how the traffic court system works. We can even appear in court on your behalf to take the stress and inconvenience of your court hearing out of the equation.

Our telephone lines are open 24 hours a day, 7 days a week, so call us now at (866)-985-7740 for a free consultation. We are ready to get started on your case.

Is Speeding Ever a Felony in the State of Florida?

The State of Florida has strict “high-speed laws,” and these laws come with expensive fines, license suspensions, and points that will be added to your driving record. However, unless it is your third violation, you will not typically face felony charges. But, the penalties you will face are still serious, and you will need to contest your ticket in court in order to avoid them.

What Penalties Will I Face for a High-Speed Ticket?

If you are caught speeding up to 29 mph over the speed limit, you will face fines amounting to a few hundred dollars and the minimum number of points on your driving record. Most speeding citations come with 3 or 4 points, and these points remain on your record for three years. Further points can be added during this time if you pick up any further tickets and can ultimately result in a license suspension. Furthermore, under Florida Statute 316.1926, any driver who drives 50 mph or more over the posted limit will be charged with a moving violation. This is punishable under Florida Statute 318.14 by:

• A fine of $1,000, as well as any other charges, court fees, and in some cases license suspension.
• For a second conviction of the same violation, the penalty will be increased to $2,500, and you will face an automatic license revocation of one year.
• A third conviction of the same violation will result in a $5,000 fine, an automatic driver’s license suspension for ten years, and a third-degree felony conviction that will remain on your criminal record.
• As in most states, points that are added to your driving record as a result of a speeding ticket will be allocated using a strict point system and are based on how far over the speed limit you were driving when the ticket was issued.

The penalties are even more serious if you were speeding in a school zone or a construction zone, in which case your fines could be doubled under Florida Statute 316.1895.

The only way to avoid these consequences is to seek legal representation and contest your ticket in court with the help of a qualified lawyer.

Is Driving Over 90 Miles Per Hour Classed as Reckless Driving in FL?

According to Florida Statute 316.192,  reckless driving is defined as the operation of a vehicle in a dangerous manner, demonstrating a wanton or willful disregard for the safety of others. Reckless driving is classed as a criminal offense, and therefore, carries misdemeanor or felony penalties. The classification of the crime will depend on whether the speeding resulted in serious bodily injury or death.

However, you can not be convicted of reckless driving based on excessive speed alone.

If the prosecutor only establishes that a defendant was driving over the posted speed limit and proceeded to slam on his brakes, hitting another car, the prosecution has failed to establish that the defendant is guilty of reckless driving. However, other factors in an individual case could result in a reckless driving conviction. For example, if the defendant is shown to have displayed a willful or wanton disregard for the safety of others, such as speeding through a red light, driving under the influence, or failing to check for pedestrians, a reckless driving charge could be upheld.

A reckless driving conviction is something that you will want to avoid, especially if a serious injury occurred as a result of the speeding event. If you are unsure about the charges that you are facing, consult with an experienced ticket lawyer.

The Impact of a Felony Conviction

In the rare event that your traffic citation leads to a felony charge, there are consequences that go beyond a simple fine. A felony crime is a very serious event that comes with lifelong consequences.

If you become a convicted felon, you will face long-lasting negative impacts on your and your family’s life. You will have your basic civil rights taken away from you, such as:

• The right to sit on a jury.
• The right to possess, own, or use a firearm.
• The right to vote.

Convicted felons are also restricted when it comes to certain areas of employment, such as the school system, hospitals, childcare, and law enforcement. Some employers will automatically dismiss applicants with a felony conviction or prevent them from applying in the first place. Furthermore, a felony conviction can even stop you from pursuing further education and from training in certain professions, such as medicine, teaching, insurance, transportation, real estate, law, or financial services. If you are already in a certain profession and become a convicted felon, you may lose your job, license, and jeopardize your ability to work in that field ever again.

Defenses for Speeding in Florida

It is possible to fight any traffic ticket, no matter how damming you believe the evidence to be. And when you are faced which such severe penalties, you should never face them alone. It is important that you seek legal representation right away. A speeding ticket lawyer can help you fight your charges and improve your chances of avoiding a license suspension, increased insurance rates, and expensive fines.

Defenses that might be used in your speeding ticket case include:

• There was no posted speed limit – If you can establish that there was no posted speed limit or that the sign was covered by a bush or a tree, you may be able to make the argument that you did not know what the posted limit was. This defense will not work if you were driving on an unmarked road with a default speed limit.
• Radar or laser gun inaccuracy – In Florida, officers commonly use radar and laser guns to pick up drivers’ speeds. This is the most common defense for speeding cases because you may be able to successfully argue that the gun used picked up another vehicle or that the device had not been properly calibrated and maintained. The officer should have also had the required training in order to be authorized to use it. In addition, some reflective surfaces and bad weather can interfere with readings, and they can be called into question.
• GPS – If your own GPS can show that you were driving much slower than the police officer claimed, then you would have a good defense. You would be required to provide a GPS report showing your speed at the exact time the police officer claims you were driving over the speed limit, as well as proof that the GPS device is accurate.
• You were not the person driving – It is usually clear who was driving the speeding vehicle. However, in some circumstances, such as a serious road accident, you could have been incorrectly identified as the speeding driver.

Whatever the facts surrounding your traffic ticket are, an experienced attorney from our law firm can build a defense strategy that will give you the best chance of having your charges dismissed.

How Can You Help Your Speeding Ticket Defense Lawyer

It is good for you to remember that the state prosecutor must prove that you are guilty of an offense beyond a reasonable doubt. Therefore, you should not provide the state with any additional evidence. For example, If you are stopped by a police officer and are asked if you know how many miles per hour you were driving, politely state that you do not know. The law in Florida does not require you to answer any questions until you have an attorney with you. However, you must comply with their requests. For example, always show your driver’s license, registration, and insurance information when asked to do so. Your conduct at the time of the stop can be brought up in court.

Call on your right to an attorney straight away so you can avoid any legal missteps. You will likely be placed under arrest for driving 50 miles per hour or more over the speed limit. Don’t answer any questions, and ask for permission to contact a lawyer as soon as you can.

Call The Ticket Lawyers Now for a Free Consultation

Due to the serious consequences that are associated with a high-speed speeding ticket, you need to get your ticket dismissed or reduced. Having this violation on your record can have a long-lasting impact. Therefore, you should seek legal representation immediately. The right attorney will investigate every aspect of your case to build the best possible defense strategy on your behalf.

There is no way you will be able to argue your way out of a serious traffic offense. Sob stories and excuses rarely work with high-speed traffic tickets, especially those issued for going over 50 miles per hour over the speed limit. The state prosecutor will invest time in pursuing your conviction, so you will need an experienced lawyer with extensive knowledge of Florida traffic laws on your side.

At The Ticket Lawyers, we offer an attorney-client relationship that is based on trust, so contact us today at (866)-985-7740 to schedule a free consultation.