What is Felony Speeding in Florida?
In Florida, driving at excessive speeds can be a serious offense that may result in severe penalties. While speeding is a relatively common traffic violation, felony speeding in Florida is a more serious charge that carries significant consequences. In this article, we will delve into the details of what constitutes felony speeding in Florida, the penalties associated with it, and what steps you can take if you are charged with this offense.
What is Speeding in Florida?
Before we dive into the specifics of felony speeding in Florida, it’s essential to understand what speeding means in the state. Under Florida Statute 316.183, "speeding" is defined as driving at a speed greater than the posted limit. This means that if you are driving in an area where the posted speed limit is 35 miles per hour, and you are going 45 miles per hour, you are considered to be speeding.
What is Felony Speeding in Florida?
Felony speeding in Florida is a severe offense that occurs when a person is charged with speeding at a speed exceeding 30 miles per hour over the posted limit while driving a commercial motor vehicle. This charge typically applies to commercial drivers, such as truckers or bus drivers, who operate large vehicles that pose a greater risk to public safety.
Penalties for Felony Speeding in Florida
The penalties for felony speeding in Florida are significantly more severe than those for regular speeding violations. **If convicted of felony speeding in Florida, you can expect the following penalties:**:
- Fine: Up to $5,000
- Prison Time: Up to 12 months
- License Suspension: Mandatory 1-year suspension for commercial drivers, and may be suspended for up to 3 years for regular drivers
- Potential for Higher Insurance Rates: Your insurance rates may increase significantly due to the serious nature of the offense
- Potential for Additional Fees: You may also be required to pay additional fees, such as administrative fees and court costs
Consequences of a Felony Speeding Charge
A felony speeding charge can have severe consequences for your personal and professional life. **Some potential consequences include:**:
- Loss of Livelihood: Commercial drivers who are convicted of felony speeding may lose their CDL (Commercial Driver’s License) and their job
- Increased Insurance Premiums: Your insurance premiums may increase significantly, making it difficult to afford the cost of coverage
- Difficulty Finding Employment: A felony speeding charge may make it difficult to find employment in the future
- Potential for Tarnished Reputation: A felony speeding charge can affect your reputation and make it difficult to build trust with others
How a Felony Speeding Charge is Handled
If you are charged with felony speeding in Florida, your case will typically be handled in the following way:
- Arraignment: You will appear in court for an arraignment, where the charges will be read, and you will have the opportunity to plead guilty or not guilty
- Pre-Trial: In the pre-trial stage, your attorney will investigate the circumstances surrounding the stop and gather evidence to prepare your defense
- Trial: If your case goes to trial, the prosecution will present evidence and witnesses, and your attorney will present a defense on your behalf
- Sentencing: If convicted, you will be sentenced according to the laws and guidelines in place in your jurisdiction
Defenses for Felony Speeding
While felony speeding is a serious offense, there are **defenses you can use to challenge the charges:**:
- Question the Accuracy of the Radar Gun: Challenge the accuracy of the radar gun used to measure your speed
- Issue with the Stop: Claim that the stop was unjustified or that the police officer did not have a valid reason to stop your vehicle
- Inability to Maintain Control: Claim that you were unable to maintain control of the vehicle due to road conditions, weather, or some other factor
- Lack of Proof: Challenge the prosecution’s case by claiming that there is not enough evidence to support the charges
Conclusion
Felony speeding in Florida is a serious offense that carries significant penalties. **If you are charged with felony speeding in Florida, it is essential to seek the advice and representation of an experienced traffic attorney:**. Your attorney can help you understand your rights and options, develop a defense strategy, and work to achieve the best possible outcome in your case.
