Excessive speed isn’t just dangerous, it’s now criminal in Florida. If you drive 50 mph or more over the limit, or reach 100 mph regardless of the posted limit, this reckless behavior can lead to criminal charges under Florida’s “super speeder” law. Florida Statute § 316.1923 codifies this offense, imposing criminal consequences for speeding that was previously handled as a simple traffic citation.
Gainsville Super Speeding Lawyer
If you have been charged with a super speeding offense in Gainesville, or any of the surrounding areas of Florida, including Ocala, Alachua, and Lake City, contact the Galigani Law Firm. Dean Galigani is knowledgeable in all areas of Florida’s motor vehicle and traffic laws and may be able to help you with your alleged super speeding traffic offense. Call the Reckless Driving attorneys in Gainesville at Galigani Law Firm today for a free consultation at (352) 375-0812.
Information Center:
- What is a Super Speeder
- Penalties for Super Speeding
- Possible Defenses to a Super Speeder Charge
- How are these Laws Enforced
What Is a Super Speeder?
Under Fla. Stat. § 316.1923, operating a motor vehicle at or above these extreme speeds, particularly in a manner that endangers property, lives, or public safety, is classified as a criminal offense. The statute is clear: it’s not just about going fast; it’s about the conscious decision to exceed safe limits at perilous speeds.
According to Florida Statute § 316.1923, a driver becomes a “super speeder” by operating a vehicle:
- At least 50 mph over the posted speed limit, or
- At 100 mph or more, regardless of the posted limit,
- In a way that poses a threat to life, safety, or property.
This law does not apply if the speeding occurs under authorized emergency conditions, such as in a police, fire, or ambulance vehicle. The intent is to differentiate criminal recklessness from lawful emergency operations.
Penalties for Super Speeding
The consequences for a super speeding conviction are far more serious than traditional traffic violations:
- First Offense
- Classified as a first-degree misdemeanor
- Punishable by up to 30 days in jail
- Carrying a $500 fine, plus court costs
- Mandatory court appearance, no citations by mail
- Second or Subsequent Offenses (within 5 years)
- Still a first-degree misdemeanor
- Carries up to 90 days in jail
- With fines up to $1,000
- And mandatory driver’s license suspension of 6 to 12 months
Unlike lesser speeding infractions, these offenses result in criminal convictions, which can follow a driver for life.
Impact on Driving Record & Insurance
A conviction under § 316.1923 instantly becomes part of a driver’s criminal record, not just civil traffic history. This can hamper future employment opportunities, educational licensing, and background checks. Auto insurance companies often classify such offenses as high-risk, leading to dramatic increases in premiums or cancellations. Additionally, a driver convicted a second time runs the risk of habitual traffic offender status, exposing them to even stricter penalties and license revocation.
Possible Defenses to a Super Speeder Charge
Faulty Speed Measurement – Challenging the accuracy of radar or LIDAR evidence is common. These devices must undergo routine calibration and be operated by certified personnel. A radar unit found to be uncalibrated, or used improperly, can provide grounds to dispute the alleged speed.
Emergency or Necessity Defense – This defense applies when excess speed is necessary to prevent a worse harm. For instance, if someone is speeding to reach a choking passenger at a remote location with no cell signal and no alternative transportation, the court may consider the speeding justified.
Mistake of Fact – A driver may reasonably misread or not see speed limit signs. Suppose speed limit signage is missing or obscured and the motorist assumes the prior posted limit. That honest mistake, if proven credible, can undermine criminal culpability.
No Endangerment to Others – Under § 316.1923, proving the act endangered the public or property is essential. Driving 100 mph on an empty stretch at 3 am, may not be prosecutable without evidence of actual harm or risk to others.
Procedural or Constitutional Violations – An illegal traffic stop or violation of constitutional rights, like conducting the stop without proper authority or coercing statements, might lead to suppression of key evidence, including the speed reading.
How are these Laws Enforced
Law enforcement agencies across Florida, including the Florida Highway Patrol (FHP), county sheriff’s departments, and municipal police departments, are now actively enforcing Florida’s super speeding laws with enhanced protocols. Officers are specifically trained to identify high-risk speeding behaviors and distinguish between ordinary infractions and criminal-level offenses under Fla. Stat. § 316.1923.
Speed Detection Technology – Troopers and local police rely heavily on radar and LIDAR (Light Detection and Ranging) units to measure vehicle speed with precision. These devices must be regularly calibrated and certified, and officers must maintain detailed logs verifying their accuracy. Patrol vehicles may also be equipped with dash cameras to record driving behavior, which can be introduced as evidence in court.
Targeted Patrol Zones – Law enforcement tends to focus patrols on known speeding corridors such as Interstates 4, 75, 95, and high-speed toll roads like Florida’s Turnpike or State Roads 528 and 417, where excessive speeding is most common. Areas near schools, construction zones, and accident-prone intersections are also prioritized due to the increased danger posed by high-speed travel in those zones.
Aerial Enforcement – In some areas, especially along major interstates, aerial units are used to observe speeding vehicles from the sky. These aircraft coordinate with ground units to issue citations or initiate stops. Super speeding suspects are typically flagged for immediate traffic stops or radioed ahead to waiting officers.
Criminal Citations & Court Summons – If a driver is clocked going 50 mph or more over the speed limit, or 100+ mph anywhere, they will not simply be issued a ticket. Instead, they may be detained roadside and issued a criminal traffic citation. Unlike civil infractions, these charges require a mandatory court appearance, and failure to appear can lead to a bench warrant for arrest.
Arrests in Aggravated Situations – In cases where speeding is accompanied by other reckless behavior, such as weaving through traffic, road racing, or near-collision incidents, officers have discretion to immediately arrest the driver on scene for reckless driving or other criminal charges in addition to super speeding. The vehicle may be impounded, especially if the driver has prior offenses or was operating on a suspended license.
Data-Driven Enforcement – Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) and FHP use data analytics to identify speed-related crash hotspots. This allows for “hot spot” enforcement operations, where multiple officers saturate an area at high-risk times (such as late nights or holiday weekends) to crack down on dangerous speeders.
Increased Penalties for Repeat Offenders – Super speeding enforcement isn’t just about a one-time fine. Officers check driving histories on-site. If a motorist has prior similar offenses, they may face enhanced penalties, including longer driver’s license suspensions, probation terms, and possibly habitual traffic offender (HTO) designation under Fla. Stat. § 322.264.
Super Speeding Attorney in Alachua County, Florida
Contact the Galigani Law Firm today to discuss the particular circumstances regarding your alleged driving offense. Dean Galigani is an experienced Gainesville criminal defense lawyer who represents individuals throughout Alachua County in Florida. Contact us at (352) 375-0812 for a consultation about your alleged super speeding offense throughout Florida, including Marion County, Levy County, Columbia County and Gilchrist County.
