For years the Florida Legislature had been content with the concept that “speed alone does not constitute Reckless Driving (or any criminal offense)”. However, pressure from interest groups, citing fatal traffic crashes where speed was a factor, caused the criminalization of some speeding citations. This is the first time the Legislature moved to criminalize a Civil Infraction since the legislature criminalized Racing on the Highway back in 1999.
WHAT IS “DANGEROUS EXCESSIVE SPEED”?
There are three circumstances in which a person could be charged under this statute:
SPEED IN EXCESS OF FIFTY (50) MILES PER HOUR OVER THE POSTED LIMIT: These charges were previously considered Mandatory Court Appearance Infractions where a motorist faced high fines, traffic school, and a possible driver license revocation. Now they must appear in Criminal Court and face more serious sanctions discussed below.
SPEED OF ONE HUNDRED (100) MILES PER HOUR OR MORE WHILE PASSING ANOTHER VEHICLE OR CHANGING LANES: Once again, by their nature, traffic citations charging a speed of one hundred miles per hour would be considered a Mandatory Court Appearance Infraction, by its nature since even traveling thirty (30) miles per hour over a seventy (70) mile per hour speed zone would be traveling at one hundred miles per hour. It is important to note that traveling at thirty miles per hour over the limit is not considered Dangerous Excessive Speeding in circumstances where the speed alleged is ninety-nine (99) miles per hour or less. This particular part of the law raises another important issue: whether you were passing another vehicle or changing lanes. Thus, if you were increasing speed to get in front of another vehicle and your speed reaches one hundred miles per hour, you are Dangerously Excessive Speeding. In addition, if you clocked at traveling at 100 miles per hour, but don’t change lanes, you are only charged with a traffic infraction. In other words, this is going to be a highly discretionary call by the law enforcement officer who pulls you over.
WHAT DO YOU FACE IF YOU ARE CONVICTED OF DANGEROUS EXCESSIVE SPEED?
FIRST OFFENSE: Up to thirty (30) days in the County Jail
$500 fine plus applicable court costs
Points on your License
A Criminal Conviction on your record
SECOND OR SUBSEQUENT OFFENSE: Up to ninety (90) days in the County Jail
$1000 fine plus applicable court costs
IF THE SECOND OR SUBSEQUENT OFFENSE IS WITHIN FIVE YEARS OF THE FIRST OFFENSE: The motorist also faces a mandatory six month driver license revocation.
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Rick Silverman is a graduate of the University of Miami School of Law. He has been representing clients in the areas of Criminal and Traffic Law since he was sworn in as a member of the Florida Bar in 1988. After seven years practicing in Miami, Rick relocated to the Tampa Bay area in 1995, and has been a part of this community ever since. As a two time chairman of the Florida Bar’s Traffic Court Rules Committee, Rick has been involved in the process of creating, defining, and amending rules used in traffic courts throughout this state. In addition to his service in drafting the rules of traffic court, he has also had the privilege of serving as a lecturer at continuing legal education seminars dealing with traffic matters. Over his career, Rick has represented clients in countless traffic cases.