Florida Speeding Ticket Lawyer Explains How New Law Turns Triple-Digit Speeding Into a Criminal Offense

What Changed With Florida's Speeding Laws in 2025

Most people think of a speeding ticket as an inconvenience, something that costs money but doesn't carry lasting consequences. That used to be true in many Florida cases. But under the new law signed as HB 351, if you're caught going 100 miles per hour or more, you could now face criminal charges, not just a traffic citation.

This law, which took effect July 1, 2025, marks a major shift in how the state of Florida handles high-speed driving. I want to be direct—going 100 mph is no longer treated as just a traffic offense. It's now treated like a criminal act that could land you in jail, cost you your license, and leave you with a record that follows you for life.

If you were pulled over for speeding at or above 100 miles per hour, you need legal defense immediately. As a Florida speeding ticket lawyer, I can explain your rights, challenge the charge, and push for a reduction or dismissal before it damages your future.

What Florida Law Now Says About Speeding Over 100 MPH

Thanks to HB 351, Florida created an entirely new section of the traffic code that criminalizes extreme speeding for the first time. The law was enacted in response to the rising number of high-speed fatal crashes, especially involving young drivers.

Here’s the text of the new provision, now part of Florida Statutes § 316.1929:

Florida Statutes § 316.1929 – Speeding in Excess of 100 MPH
"Any person who operates a motor vehicle on a public roadway at a speed of 100 miles per hour or greater commits a misdemeanor of the second degree for a first offense. A second or subsequent offense shall be classified as a misdemeanor of the first degree."

Let me break that down for you:

  • First offense: This is a second-degree misdemeanor, which can carry:

    • Up to 60 days in jail

    • Up to 6 months of probation

    • A $500 fine

    • Possible license suspension

  • Second offense: Now charged as a first-degree misdemeanor:

    • Up to 1 year in jail

    • Up to 12 months probation

    • A fine of up to $1,000

    • Mandatory license suspension or revocation

This is no longer just about points on your license. It’s a criminal charge that appears on background checks, driving records, and can even affect your job, insurance, and immigration status.

Why a Florida Speeding Ticket Lawyer Is Now More Important Than Ever

When a speeding ticket becomes a criminal case, everything changes. You’re no longer walking into a civil traffic court. You’re walking into a criminal courtroom, facing prosecutors who can request jail time.

That’s why I treat every 100 mph case like I would a DUI or reckless driving charge. I investigate the stop, examine the radar or laser device used, review the officer’s training records, and search for any sign that your rights were violated.

Most importantly, I work to keep your criminal record clean and your license intact.

Real Case Example: Triple-Digit Speeding Reduced to Civil Infraction

A recent client of mine was clocked at 102 mph on I-95 late at night in Palm Beach County. The trooper said he used a laser gun to measure the speed and claimed the client was weaving through traffic.

The client had a clean record, worked full time, and had never been charged with a crime. He was facing a second-degree misdemeanor, possible jail, and a license suspension. He had already been arrested, fingerprinted, and booked.

We immediately filed for discovery and requested calibration records on the laser device. The data showed that the unit hadn’t been properly tested within the required 30-day window under Florida Administrative Code § 15B-2.008. That gave us grounds to challenge the evidence.

After presenting our findings and arguing for mitigation, the prosecution agreed to reduce the case to a non-criminal speeding infraction, with no points, no jail, and no conviction. The client avoided a criminal record entirely.

That outcome was only possible because we pushed for full legal review—not just a quick plea.

Common Defenses to 100 MPH Speeding Charges in Florida

There are several legal defenses we use in extreme speeding cases, depending on the facts:

Faulty Speed Measurement

Radar and laser devices must be properly maintained and calibrated under Florida law. If the equipment wasn’t tested, certified, or operated correctly, the speed reading may not be admissible.

Officer Identification Errors

Was it your vehicle or another one nearby? At high speeds, especially at night or on multi-lane roads, it’s possible the officer targeted the wrong car.

Necessity or Emergency

In some situations, you may have had a valid reason to speed, such as a medical emergency. Courts will sometimes allow this as a defense if evidence supports it.

Speed Not Proven Beyond a Reasonable Doubt

In a criminal case, the burden of proof is much higher. If the prosecution cannot prove the speed beyond a reasonable doubt, you should not be convicted.

Improper Stop or Arrest

If the officer lacked legal grounds for the stop, failed to read your rights, or violated procedure, we may be able to suppress the evidence entirely.

Why You Should Never Face a 100 MPH Charge Without Private Counsel

I say this with complete seriousness—do not walk into court alone if you’ve been charged under HB 351. Judges are taking these cases seriously. Prosecutors are being encouraged to seek jail time to make an example.

You need someone who can evaluate every detail of your case, challenge the police report, negotiate aggressively, and protect you from long-term damage. A public defender may not have the time to fight every angle, and hiring the wrong traffic attorney could mean accepting a criminal conviction when you didn’t have to.

I don’t treat this like a speeding ticket. I treat it like the criminal case it now is. That’s the difference a private Florida speeding ticket lawyer makes.

Related Florida Statutes That May Also Apply

In many high-speed cases, officers may add or threaten additional charges:

  • § 316.192 – Reckless Driving: Driving with “willful or wanton disregard” for safety. This is also a misdemeanor, and prosecutors sometimes stack this with speeding.

  • § 322.27 – License Suspension Authority: Allows the Florida DHSMV to suspend a driver’s license for offenses that indicate a disregard for public safety.

  • § 318.14(9) – Prevents you from just mailing in a payment on criminal traffic charges. You are required to appear in court, and failing to do so can result in a warrant.

In other words, this is not the time to handle things casually. There are real consequences that can spiral quickly.

FAQs – Florida Speeding Ticket Lawyer Answers Your Questions About the New Law

Can I really be arrested for going 100 mph in Florida now?
Yes. Under Florida Statutes § 316.1929, driving at 100 miles per hour or more is now a criminal misdemeanor. A first offense is a second-degree misdemeanor, which is punishable by jail time, probation, fines, and a permanent criminal record.

Will I lose my license if I’m convicted under the new law?
It’s possible. Judges now have discretion to suspend your driver’s license after a 100+ mph conviction. If this is your second offense or if there are aggravating factors (like racing or reckless driving), your license may be suspended or revoked.

What if I was speeding on an empty highway at night?
The law applies regardless of time or traffic. Florida lawmakers designed it to criminalize the act of driving at excessive speeds due to the increased risk of fatal crashes, even when no one else is on the road.

Is this considered reckless driving?
It can be. Officers often charge both § 316.1929 (100+ mph) and § 316.192 (reckless driving) together. That increases the penalties and adds more pressure on you in court. We fight to get one or both charges reduced or dismissed.

Can I go to jail even if I have a clean driving record?
Yes. Even first-time offenders can face jail time under the new law. Prosecutors are pushing for penalties to send a message. That’s why it’s essential to have a Florida speeding ticket lawyer argue for a non-criminal resolution or dismissal.

What defenses are available to someone charged under HB 351?
Common defenses include faulty radar readings, improper calibration of equipment, mistaken vehicle identification, necessity or emergency, and procedural violations by law enforcement. Each case needs a custom legal strategy.

Can this charge affect my job or background check?
Absolutely. A misdemeanor conviction appears on background checks. It can impact your ability to drive for work, renew professional licenses, apply for loans, or even travel internationally. We work to avoid any conviction that could damage your record.

What if I already paid the fine or pled guilty? Can I undo it?
In some cases, yes. If you entered a plea without realizing the consequences, and you were not properly advised, we may be able to file a motion to withdraw the plea. Time is critical, so act fast.

Do I have to appear in court?
Yes. This is not a civil infraction. It’s a criminal charge, and you’re required to appear. In most cases, I can appear on your behalf to avoid you missing work or school, but the court will expect legal representation or your presence.

How soon should I contact a lawyer after being cited for going over 100 mph?
Immediately. The sooner I can review your case, file the appropriate documents, and begin challenging the evidence, the better your chances of avoiding jail or a permanent record. Every day counts.

Call a Florida Speeding Ticket Lawyer Before You Step Into Criminal Court

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.

If you’ve been caught going over 100 miles per hour in Florida, this is not just a ticket. It’s a criminal matter. Call now before your first court date. I’ll review your case personally and fight to protect your future.