Speeding at a Glance
Citizens of Florida are not allowed to operate their motor vehicles at a speed that is greater than what is reasonable, given the current and potential conditions and hazards. There are statutory speed limits for specific roads: 70 MPH for highways, 55 MPH in all other instances, and 30 MPH for business and residence districts. Doing so is a violation of Florida’s traffic law, and will resolve in a speeding ticket and a fine. The amount of the fine in a non-adjudicated case, ranging from $25 to $250 is dependent on the extent of the violation, i.e. how much you were going over the speed limit. In an adjudicated case, where you are likely challenging the speeding ticket, the fine cannot be more than $500, unless you were caught speeding in a school or construction zone.
Accumulating speeding tickets over time can be detrimental, as each ticket places a certain number of points on your license; this can result in your license being suspended or even revoked up to a year. Seeking to adjudicate, however, can avoid the fine as well as the points that will be placed on your license. Choosing to pay the fine without adjudication is also an admission of guilt.
When defending your traffic ticket, the state has the burden of proving the case against you. If this burden cannot be met, then the matter will be dismissed and you will have no fine to pay. Any information you provide to discredit the state’s case against you will have the case decided in your favor.
In the challenge of your speeding ticket, ticket lawyer will go over certain details for the judge to want to consider:
- Did the officer have a clear view of your offense? Finding out where the officer was when he spotted you can be important, especially if there are obstructions in the way that could hinder his view or cause the speed detector to malfunction.
- Did the officer estimate your speed or did he use a device? It’s important to note that estimates are more likely to be in your favor, since the officer has no way of proving whether he was right or wrong.
- Was the device he used in working order? Radar and Accutrac speed detectors are just machinery, and then can also malfunction like any piece of equipment. They need to be recalibrated every month or every other month in order to be in working order. However, this maintenance can be easily forgotten, resulting in a faulty recording of your speed.
- Is the information written on the speeding ticket accurate? Any information that is incorrect can be used to discredit the officer in court. Any mistakes should be mentally recorded, but the ticket should be returned to the officer before you drive away so that they may be corrected. Accepting a ticket for violations you did not commit gives you more work in your defense at the adjudication.
All defendants are entitled to a speedy trail, even for speeding tickets. If cited for a traffic violation and you choose to adjudicate, a trial must commence within 180 days of the date of the speeding ticket. If not, then the case is dismissed in your favor. A Orlando ticket attorney can help you avoid points on your license. Call our office today.