Tampa Bay Criminal Defense Lawyer Blog
Many Florida drivers have known the pain of seeing police lights in their rear-view mirror because they were speeding. Typically, the price is, at most, the fine associated with a basic speeding infraction. In some high-speed circumstances, however, Florida law has much more severe punishments. Whether you received an ordinary speeding ticket or your situation is more complex, a Tampa Bay traffic infraction defense lawyer can be essential to avoiding outcomes like the revocation of your driver’s license or jail time.
A 20-year-old man in greater Orlando recently was involved in one of those “high-speed” circumstances. According to The Smoking Gun, an Orange County Sheriff’s Deputy began following a red Chevrolet Camaro that another deputy had observed participating in a street race. The second deputy clocked the Camaro going as fast as 199 mph on the turnpike, where the speed limit is 70 mph. (The driver may have been going faster (200+) when you consider that many speed detection devices “max out” at 199 mph.)
When the police accuse you or your loved one of going significantly over the speed limit, the state has an array of possible charges it can bring. Going 30+ (but less than 50) over the limit triggers steep penalties. Even for a first offense, the driver faces a mandatory court hearing (no resolving the issue by simply mailing in a check,) a possible fine of $400 or more, a four-point “hit” on their driver’s license, and no traffic school option.
Fla. Stat. Section 316.1926(2), which covers instances of speeding 50+ over the limit, carries even heavier penalties. Even a first offense triggers a minimum $1,000 fine and four points against your driver’s license.
Reckless Driving and Street Racing Laws
Those aren’t the only charges you potentially could face. The state can assert a charge of reckless driving. In Florida, the law says that a driver who operates his/her vehicle with “willful and wanton disregard” for the safety of others is guilty of reckless driving. There is no “magic number” over the speed limit at which a speeding incident automatically becomes reckless driving.
Situations like the recent one near Orlando potentially can implicate another statute, as well — the law against street racing, drag racing, and “street takeovers.” A first offense under this statute is a first-degree misdemeanor, carrying a punishment of as much as one year in jail, one year of probation, and fines of $1,000. On top of that, your car may be impounded for 30 business days and the state will revoke your driver’s license for at least one year.
What all of these statutes and punishments should demonstrate to you is if the police have accused you of driving substantially above the speed limit (30+ over,) the State Attorney’s Office has a lot of options and a lot of discretion in how they dispose of your case. That’s one of the reasons why promptly hiring a skilled attorney is so important. Your defense counsel can interact with the State Attorney’s Office and potentially get you a resolution that avoids jail time, avoids a license revocation, or perhaps even avoids the assessment of any points on your license.
Similarly, even if you weren’t going 30+ over, a good legal team can be invaluable. A favorably negotiated resolution may allow you to avoid points and other collateral harms like increased insurance rates.
Swift action is key. Some moving violations require you to request a hearing within 30 days of your receipt of the ticket. Whatever your circumstance, the experienced Tampa Bay traffic violation defense attorneys at Blake & Dorsten P.A. can help you utilize the processes available to you to achieve the best outcome possible. To find out more, call us today at (727) 286-6141 to schedule your free initial consultation.