Orlando Speeding Ticket Attorney
Defending Your Rights When Facing Criminal Traffic Charges in Central Florida.
Get a Free ConsultationDon't Just Pay That Speeding Ticket!
Receiving a speeding ticket in Florida might seem like a minor inconvenience, but simply paying the fine is an admission of guilt. This can lead to points on your driver's license, significant increases in your auto insurance premiums, and for Commercial Driver's License (CDL) holders, even jeopardize your livelihood. At Lotter Law, our experienced Orlando speeding ticket attorney, a former Florida State Trooper, understands the intricacies of traffic law and law enforcement procedures. We are here to help you fight your ticket and protect your rights.
Understanding Florida's Speeding Laws
Florida has a complex web of statutes governing vehicle speed and its enforcement. Key laws include:
Florida Statute § 316.183 (Unlawful Speed): This is the primary statute defining unlawful speed. It mandates that drivers operate at a speed that is "reasonable and prudent" under the conditions and actual or potential hazards. It also sets default maximums like 30 mph in business/residential districts and 55 mph elsewhere, unless otherwise posted. Exceeding the speed limit in a work zone or school zone also falls under this statute, often with enhanced penalties.
Florida Statute § 316.187 (State Speed Zones) & § 316.189 (Municipal/County Speed Zones): These statutes grant the Department of Transportation, municipalities, and counties the authority to establish specific speed zones based on engineering and traffic investigations. This is why speed limits can vary significantly from one road to another.
Florida Statute § 316.185 (Special Hazards): Even if you're driving below the posted limit, you can be cited if your speed is unsafe for special hazards like approaching intersections, curves, hill crests, or adverse weather.
Florida Statute § 316.1895 (School Speed Zones) & § 316.1896 (School Zone Speed Detection Systems): These sections detail the strict enforcement of speed limits in designated school zones, including the use of automated speed detection systems. Violations carry increased fines and points.
Florida Statute § 316.1926 (Additional Offenses): Exceeding the speed limit by 50 mph or more is a specific, serious moving violation with significant penalties, including mandatory court appearance and potential license suspension.
Florida Statute § 316.0776 (Traffic Infraction Detectors & Speed Detection Systems): Governs the placement and public notification requirements for automated speed enforcement systems, particularly in school zones.
Consequences of a Speeding Ticket Conviction
- Fines: Vary based on how much you exceeded the speed limit and where (e.g., school/work zones have higher fines).
- Points on Your License: Speeding typically results in 3 or 4 points. Accumulating too many points leads to license suspension (12 points in 12 months = 30-day suspension).
- Increased Insurance Premiums: Insurance companies often raise rates significantly after a speeding conviction.
- Mandatory Court Appearance: For excessive speeding (e.g., 30 mph or 50 mph over the limit).
- License Suspension: Possible for very high speeds or multiple offenses.
- Impact on CDL Holders: Even minor speeding tickets can have severe consequences for CDL holders, potentially leading to disqualification.
How We Defend Against Speeding Tickets
Our defense strategies are tailored to the specifics of your case and often involve:
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Challenging Speed Detection Device Accuracy (Radar/Lidar):
- Calibration Records: Florida Statute § 15B-2.0082 (Minimum Design Criteria for Radar Units) and § 15B-2.009 (Test to Determine Speed Accuracy of Doppler Radar Devices) mandate regular testing. Radar units must be tested for accuracy by an approved technician at intervals not exceeding six months (bench tests). We demand proof of valid, recent calibration certificates for the specific device used. Similar requirements apply to laser (Lidar) devices under § 15B-2.014 and § 15B-2.016.
- Officer Training & Certification: Florida Statute § 316.1906 requires officers using radar or laser devices to meet specific training and certification standards. We verify the officer's qualifications.
- Proper Device Operation: We examine if the officer used the device according to manufacturer specifications and departmental policy, including visual estimation of speed, target isolation, and avoidance of interference.
- Documentation: We scrutinize all related documentation, including the officer's notes, calibration logs, and any maintenance records for the speed measurement device.
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Speedy Trial Rights:
Under Florida Rule of Traffic Court 6.325, you have the right to a trial within 180 days of receiving a non-criminal traffic infraction citation. If the state fails to bring your case to trial within this timeframe, and the delay is not attributable to you, the case may be dismissed. We meticulously track these deadlines.
- Questioning Officer's Observations: We analyze the officer's ability to accurately identify your vehicle, estimate its speed, and the conditions under which the alleged violation occurred (traffic, weather, visibility).
- Verifying Legality of the Stop: Was there a lawful reason for the traffic stop beyond just the alleged speeding?
- Ensuring Proper Signage: Speed limits must be clearly and legally posted. We check if speed zone signage complies with state regulations.
- Negotiation: In some cases, we can negotiate with the officer and judge for a reduced charge, a withhold of adjudication (no points), or dismissal, especially if there are weaknesses in the state's case.
Special Considerations for CDL Holders
If you hold a Commercial Driver's License (CDL), a speeding ticket is far more serious. Convictions for speeding, especially those 15 mph or more over the limit, or in a CMV, can lead to:
- Hefty fines and points.
- Increased insurance rates for your commercial policy.
- Possible disqualification of your CDL for repeat serious traffic violations.
- Difficulty maintaining employment or finding new opportunities.
Importantly, CDL holders are generally NOT eligible to elect traffic school to avoid points for violations committed in a commercial motor vehicle. It is crucial to fight any speeding ticket aggressively if you are a CDL holder. We understand the stakes and work diligently to protect your CDL.
Traffic School Election
For eligible drivers (typically non-CDL holders with minor speeding infractions who haven't attended traffic school recently), Florida Statute § 318.14(9) allows you to elect to attend a Basic Driver Improvement Course (traffic school). Successfully completing the course results in adjudication being withheld, meaning no points will be assessed on your license. However, you still have to pay the fine plus court costs and the cost of the school.
You are generally NOT eligible for traffic school if:
- You were cited for speeding 30 mph or more over the limit.
- You hold a CDL and received the ticket while operating a commercial motor vehicle.
- You have elected traffic school in the preceding 12 months or 5 times in your lifetime.
- The violation requires a mandatory court appearance.
While traffic school can avoid points, fighting the ticket with an attorney might result in a dismissal or a better outcome, potentially saving you the cost of the school and the fine itself.
Why Choose Lotter Law for Your Speeding Ticket Defense?
- Former Florida State Trooper Experience: Jeff Lotter knows how tickets are written, how speed detection devices are used, and common procedural errors from the inside.
- In-Depth Knowledge of Florida Traffic Law: We stay current on all statutes, rules of procedure, and case law relevant to speeding and traffic violations.
- Focus on Evidence and Procedure: We meticulously review calibration records, officer qualifications, and the circumstances of your stop.
- Aggressive Representation: We are prepared to take your case to trial if a favorable negotiation is not possible.
- Commitment to Protecting Your Record: Our goal is to achieve the best possible outcome, aiming for dismissal, reduction of charges, or avoidance of points.
Frequently Asked Questions About Speeding Tickets
The most immediate consequences are the fine amount indicated on the ticket and the deadline by which you must respond (either by paying or contesting). Depending on the severity of the speed and your driving history, you may also face points being added to your driver's license.
While paying a speeding ticket might seem like the easiest option, it's an admission of guilt. This typically results in points on your license, which can lead to increased car insurance premiums for several years. Accumulating too many points can also lead to license suspension.
The number of points depends on how much you exceeded the speed limit and varies by state/jurisdiction. For example, going 1-15 mph over the limit might result in 3 points, while 16-29 mph over could be 4 points. Higher speeds can result in more points and potentially more severe penalties, like mandatory court appearances or even reckless driving charges.
Yes, a traffic attorney can often help. They can review the circumstances of your ticket, identify potential defenses (like issues with the speed detection equipment), negotiate with the officer and judge for a reduced charge (e.g., a non-moving violation to avoid points), or represent you in court. This can potentially save you from points, fines, and insurance increases.
