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Lee F. Carney 
Attorney at Law
9990 Coconut Rd.
Bonita Springs, FL 34135
Ph: (239) 860-3795
Fax: (239) 992-9170

SPEEDING VIOLATIONS


The most common civil traffic citation given by law enforcement around the state is for the offense of speeding. Quite often, the law enforcement officer will "cut you a break" and write the citation for something other than speeding. This could be for violation of a traffic control device. The speed limit sign is the traffic control device.

1) 15 MPH OR LESS OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 15mph or less over the speed limit carries with it a fine along with 3 points on your license. The amount of fine is usually listed on the back of the ticket and is actually set by each individual county. Depending on your insurance company a speeding violation could result in an insurance increase. The violation stays on your driving record. You can either pay the fine and get the points, attend traffic school if eligible, or contact my office immediately at (239) 860-3795 to discuss your options.

2) 16 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 16mph or more over the speed limit carries with it a specific fine along with 4 points going on your license. Again, you may either pay the fine and receive the points or pay the fine and elect traffic school if you are qualified and eligible to do so.

3) 30 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

If you receive a citation for going 30mph or more over the posted speed limit it will require a mandatory court appearance. Simply paying the fine is not an option. If you are found guilty of the violation the judge will determine the penalty which can include a fine, as set by the judge, points on your license, and a possible license suspension. If I appear for you at a mandatory court hearing, your appearance may not be necessary.

4) 50 MPH OR MORE OVER THE SPEED LIMIT
- STATUTE 316.1926

Beginning October 1, 2008, the Florida legislature passed a new speeding law. If you are charged with driving 50 MPH over the posted speed limit pursuant to Florida statute 316.1926, you will be facing a civil penalty of $1000.00. On a second offense, the fine is up to $2500.00 and the court will revoke your license for a period of one year. On a third offense you will be charged with a third degree felony and will face a fine up to $5000.00 and the loss of your driver’s license for 10 years.

Please understand that if you receive a traffic citation you must within 30 days;

a. Pay the citation and receive points

b. Elect traffic school if eligible to avoid points and pay the fine

c. Elect a court date

Should you fail to respond to any traffic citation within 30 days your license may be suspended.

Upon receiving any traffic citation please contact my office to discuss the citation and your options.

Points are important for two reasons.

1. The State of Florida has a point schedule regarding license suspension

2. Depending on your insurance company, points on your license could affect your premiums.

TYPES OF SPEED MEASUREMENT DEVICES

RADAR-
Almost all law enforcement officers in the State of Florida are radar certified. It is without a doubt the most common type of speed measurement device used in Florida. Law enforcement officers like radar because it can be used in both moving and stationary mode. Officers in Florida are NOT required to show you the readout on the radar device. The officer becomes certified to use the radar device after taking a course and being certified by the Florida Department of Law Enforcement. This certificate ensures that an officer shall understand how to calibrate their radar before the start of their shift and at the end of their shift, and that the radar is inspected once every 6 months by an authorized repair facility. After an officer comes to court and testifies that he visually estimated your speed over the posted limit, as verified by their radar reading, then there is a presumption of reliability. To defend a citation based on radar it is necessary to show that something was done improperly with the calibration of the unit, that the unit was not inspected within the last 6 months by a repair facility or the officer did not properly put the unit in service on that day. The rules regarding the radar and their admission into evidence can be found in Florida Administrative Code 15B.

LASER -
With Laser, on most citations, the officer will put the speed you were traveling and the distance you were spotted from the laser operator. As in radar cases, the law enforcement officer must conduct pre and post shift accuracy tests to determine the reliability of the laser. Laser must also be properly calibrated.

PACE - Commonly referred to as speedometer pace tickets, these citations are issued by an officer who is behind a motorist and clocking their speed with their calibrated speedometer. Pursuant to Florida Administrative Code 15B-2.011, motor vehicle speedometer devices shall be tested by an approved shop not less than every 6 months.


AIRCRAFT - The Florida Highway Patrol constantly uses aircraft in speed enforcement details. Sets of white lines on the roadway are spaced 1/4 mile apart. The pilot uses certified stopwatches and times vehicles as they pass over the lines. The stopwatch is pre-programmed with the calculation to determine the mph based on the time traveled. The pilot will then call to a trooper on the ground who will pull the vehicle over and issue the citation. When fighting these tickets, both the pilot and the stopping trooper are necessary in court because both of the troopers are proving different elements of the case. The pilot is proving the violation and method while the stopping trooper is necessary to prove the identity of the driver. There are circumstances when these cases can be challenged.