Florida Super Speeder Attorney Explains Your Rights and Legal Defenses Under HB 351

Speeding in Florida Is No Longer Just a Ticket—It Can Land You in Jail

If you were recently pulled over in Florida for speeding well above the posted limit, you may be in more trouble than you think. As of July 1, 2024, under a new law called House Bill 351, drivers clocked at extreme speeds can now face criminal charges. That’s right—what used to be a civil infraction could now put you behind bars.

As a Florida super speeder attorney, I’ve handled cases just like yours. These charges move quickly from citation to courtroom, and if you don’t act fast, you could end up with a criminal record, a suspended license, skyrocketing insurance, and even jail time.

Let me walk you through what this law means, how the charges work, what penalties you may be facing, and most importantly, how we can fight to protect your freedom and your future.

What Is Florida House Bill 351?

HB 351, which went into effect on July 1, 2024, created criminal penalties for drivers who exceed certain speed thresholds on Florida roads. Under this law, drivers can now be charged with a second-degree misdemeanor for traveling at or above:

  • 50 miles per hour over the posted speed limit, or

  • 100 miles per hour, regardless of the posted speed limit

Here’s the exact language from the bill as enacted:

“Any person who drives a vehicle on a street or highway in this state at a speed that exceeds the posted speed limit by 50 miles per hour or more, or who drives at 100 miles per hour or more regardless of the posted limit, commits a misdemeanor of the second degree, punishable as provided in sections 775.082 or 775.083.”

What this means is that even if you were doing 100 in a 70, or 85 in a 35, you're not just looking at a fine. You're now facing a criminal offense.

What Are the Penalties Under HB 351?

Florida law treats second-degree misdemeanors seriously. If convicted, you could face:

  • Up to 60 days in jail

  • Up to 6 months of probation

  • Up to $500 in fines

  • A permanent criminal record

  • Points on your license and license suspension

  • Higher insurance premiums or cancellation of your policy

And that’s just the start. A criminal traffic conviction can impact your employment, future background checks, security clearances, and more.

You need to treat this charge the same way you would treat any other criminal case—with urgency and professional legal defense.

Why You Need a Private Attorney for a Super Speeder Charge

The prosecutor is not going to give you legal advice. The judge isn’t going to help you understand the law. The officer who wrote the ticket is already preparing to testify against you.

This is where having a private Florida super speeder attorney makes the difference. I do more than just show up and enter a plea. I look at every angle of your case to challenge the facts, the procedures, and the legal authority behind the charge.

Whether it's a radar misreading, a calibration error, or a constitutional violation during the stop, we build a defense that focuses on keeping you out of jail and keeping your record clean.

Real Case Example: Felony Reduced to Civil Citation in Hillsborough County

A client was pulled over on I-275 in Tampa, allegedly traveling at 103 miles per hour in a 70 zone. The officer charged him under HB 351, and the State Attorney’s Office filed the case as a criminal misdemeanor.

The client had no prior record, was heading home from a job interview, and had no idea the law had changed. We immediately filed discovery motions, demanded calibration logs for the radar unit, and reviewed dash cam footage.

It turned out the radar had not been properly calibrated, and the patrol car was not in a stationary position during the reading. We also found inconsistencies in the officer’s sworn affidavit.

After filing a motion to dismiss based on evidentiary defects, we negotiated with the prosecutor to reduce the charge to a non-criminal civil infraction. No jail, no probation, no record.

This is what happens when you don’t settle for a court-appointed attorney or plead guilty out of fear.

How We Fight Florida Super Speeder Charges

There are multiple defense strategies we use, depending on the facts of your case. Every case is unique, but here are some of the most effective arguments:

1. Radar or LIDAR Inaccuracy

Officers must use properly calibrated speed-measuring devices. We request logs, training certifications, and deployment records. If there’s even a slight defect in how the reading was taken, the charge may not stand.

2. Unverified Speed Estimates

In some cases, officers estimate speed by “pacing” the vehicle, which is highly subjective and often inaccurate. Without verified data, we can challenge the basis of the charge.

3. No Proof of Willfulness

To sustain a criminal speeding charge, the State must prove that your conduct was willful or reckless. If you were unaware of your speed due to mechanical issues or had to accelerate for safety, we may use that to our advantage.

4. Emergency or Justified Circumstances

If you were driving a sick relative to the hospital, avoiding a road hazard, or responding to another emergency, the necessity defense may apply.

5. Violation of Constitutional Rights

If the stop, search, or questioning violated your constitutional protections, we can file motions to suppress evidence. A tainted traffic stop can lead to full dismissal.

These are not cookie-cutter defenses. Each one requires investigation, legal research, and courtroom experience. That’s why hiring a private attorney is crucial.

Other Florida Statutes That May Come Into Play

Your case may also trigger other Florida laws, including:

  • Florida Statute § 316.192 – Reckless Driving
    Defined as driving with willful disregard for the safety of others. If prosecutors believe your speed endangered others, they may add this charge, which is also a misdemeanor.

  • Florida Statute § 322.27 – License Suspension
    The Department of Highway Safety and Motor Vehicles (DHSMV) can suspend your license for excessive speeding, especially if it’s a second offense.

  • Florida Statute § 775.082 and § 775.083
    These statutes govern misdemeanor penalties, including jail and fines for second-degree misdemeanors like those under HB 351.

Knowing how these laws intersect is what allows us to build a defense that avoids surprises and protects your driving privileges.

Why Jail Time Is a Real Risk

Some people think speeding can never lead to handcuffs. That’s no longer true in Florida. If this is your second high-speed offense, or if the judge considers your behavior reckless, you could be sentenced to actual jail time—even on a first offense.

In some counties, prosecutors have adopted policies requiring jail recommendations for anyone charged under HB 351. You cannot assume you’ll just get a fine.

That’s why my first priority in these cases is keeping my clients out of custody. We file early motions, negotiate pretrial diversion where available, and pursue every legal tool available to reduce or eliminate the charge.

The Long-Term Impact of a Super Speeder Conviction

Even if you avoid jail, a conviction under HB 351 can follow you for life. You may face:

  • Increased car insurance premiums

  • Points on your driving record

  • Employment background check issues

  • Restrictions on professional licenses

  • Problems renting a car or driving for work

This is not just a traffic matter. It’s a criminal case. And that means it needs to be treated with the same seriousness as any other misdemeanor offense.

Florida Super Speeder Attorney FAQs – What You Need to Know

Can I really go to jail just for speeding in Florida?
Yes. Under Florida's new law, drivers who go 50 mph or more over the limit, or who exceed 100 mph, can be charged with a second-degree misdemeanor. That carries up to 60 days in jail, 6 months of probation, and a $500 fine. Prosecutors in some counties may push for jail, especially on repeat offenses.

What is HB 351 and when did it go into effect?
House Bill 351 is a Florida law that went into effect on July 1, 2024. It criminalizes extreme speeding and classifies it as a misdemeanor under certain conditions. If you're clocked at 100 mph or more, or 50+ mph over the posted limit, you may be arrested and prosecuted criminally.

Can a speeding charge under HB 351 be reduced or dismissed?
Yes. Many cases can be reduced to non-criminal civil infractions if we identify problems with the evidence, such as faulty radar readings or insufficient officer testimony. In other cases, we may push for dismissal if proper procedures weren’t followed.

Will a conviction affect my driving record and insurance?
Definitely. A criminal speeding conviction can lead to points, license suspension, and drastically higher insurance premiums. Insurers may label you a high-risk driver, even if this was your first offense.

Is this different from reckless driving?
Yes, but they’re related. Reckless driving under Florida Statute § 316.192 involves operating a vehicle with wanton disregard for safety. Prosecutors sometimes add it to HB 351 charges, especially if there was weaving, tailgating, or endangering other drivers.

What if I was driving safely but just didn’t realize my speed?
We can use that in your defense. The law requires intent. If your vehicle had a mechanical issue, you were driving downhill, or your attention was temporarily diverted, we can present those facts in court.

Do police need to show proof of calibration on their radar or laser gun?
Yes. Florida law requires that radar and laser equipment be tested and certified. If the device was not calibrated or maintained properly, the results can be challenged or excluded.

Can a public defender handle this type of case?
Technically yes, but most traffic-related misdemeanors don’t qualify for a public defender unless jail is being pursued. And even if one is appointed, their caseload is often too high for the detailed attention these cases require. A private attorney can focus on your case and dig deep into the evidence.

Can a super speeder charge affect my job?
Yes. If your job involves driving, or if your employer checks criminal records, a conviction could hurt your current position or future opportunities. That’s why our goal is always to prevent the charge from appearing on your record.

How long will this stay on my record if I’m convicted?
A misdemeanor conviction can stay on your record permanently. Florida does not allow for expungement of convictions, only dismissals or charges dropped before trial. That’s why it’s so important to fight the charge from day one.

Call a Florida Super Speeder Attorney Now to Protect Your Future

Don’t let one speeding ticket turn into a criminal record. Let us help you fight back and protect your future.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation. 

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.