FAQs About Florida’s Super Speeder Law
Known as the Super Speeder law, Florida Statutes Section 316.1922 targets drivers who exceed the speed limit by dangerous margins. Unlike standard traffic tickets, this law carries criminal penalties for dangerously excessive speeding, even if no accident occurs. Since its passing, the Super Speeder Law has surprised many drivers and raised a ton of questions. In this article, we answer some of the most commonly asked questions so you understand how this law works and how it could affect you.
Does driving 100 mph automatically mean I will be charged?
Not necessarily. While traveling 100 mph or more is extremely fast, a Super Speeder charge requires that the speed also poses a threat to safety or disrupts traffic. This can include weaving through lanes, tailgating, or aggressive maneuvers.
Is driving 50 mph over the limit always a criminal offense?
Yes. If you exceed the posted speed limit by 50 mph or more, Florida law automatically considers it dangerous excessive speeding, even if there is no evidence of reckless driving. No additional proof of intent or hazardous behavior is required.
Do I have to appear in court for this type of speeding?
Absolutely. Anyone cited for exceeding the speed limit by 50 mph or more is required to appear in court. Unlike regular speeding tickets, these citations cannot be settled online or by mail, and failing to appear can result in additional legal issues.
Can I go directly to jail for speeding this fast?
Yes. Dangerous excessive speeding is classified as a misdemeanor criminal offense, meaning it can result in jail time.
- First offense: Up to 30 days in jail
- Second or subsequent offense: Up to 90 days in jail
Other potential penalties include:
- Fines ranging from $500 to $1,000
- Mandatory court appearance
- Points on your license
- Increased insurance premiums
- Possible license suspension for repeat offenses
Even a first conviction creates a criminal record, which can impact employment, housing, and professional licenses.
Can an officer choose to issue a citation instead of making an arrest?
In some cases, yes. Officers have discretion and may issue a written criminal citation rather than take someone into custody. Factors considered include how much over the speed limit you were going, whether your driving endangered others, prior traffic violations, and your behavior during the stop. However, most drivers meeting Super Speeder thresholds are either arrested or required to appear in court.
Can I drive after receiving a Super Speeder ticket?
Yes, unless you are arrested and held without release, or a judge immediately suspends your license. Otherwise, you may drive until the court decides on any restrictions.
How can an attorney help if charged?
A skilled criminal defense attorney can:
- Verify that procedures were correctly followed
- Challenge whether the statute’s elements were met
- Negotiate reduced charges or alternative resolutions
What are my options if charged?
Generally, drivers can:
- Accept the charge and plead guilty
- Challenge the citation based on technical errors or procedural issues
- Negotiate reduced penalties
A lawyer can guide you in choosing the approach that best protects your rights.
Contact an Orlando Criminal Defense Lawyer
Have questions or facing a Super Speeder charge in Florida? Contact an experienced Orlando criminal defense lawyer at the Joshi Law Firm, PA, today for expert defense and guidance.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.1922.html
