How a Florida Super Speeding in a School Zone Defense Attorney Can Help Protect Your License, Your Record, and Your Future
When you're accused of speeding excessively in a Florida school zone, you're not just facing a traffic citation. You're facing enhanced penalties, potentially higher insurance premiums, and a mark on your driving history that could affect your employment or commercial driving opportunities. These cases require focused legal representation, and that's where I come in.
As a Florida Super Speeding in a School Zone Defense Attorney, I defend drivers across the state who are facing serious speeding charges near schools. I understand how local courts handle these cases, what evidence the prosecution relies on, and what strategies work best to fight back.
Florida Law on Super Speeding in School Zones
Florida takes school zone speeding violations very seriously. When you're accused of driving more than 30 MPH over the posted limit in a designated school zone, you could be looking at extremely steep fines, license points, and other long-term consequences.
Under Florida Statute § 316.1895(10):
"A person who exceeds the speed limit in a posted school zone by more than 30 miles per hour commits a moving violation punishable under chapter 318 and shall pay a fine double the amount listed in s. 318.18(3)(b), and the fine may not be waived."
This is not your ordinary speeding ticket. It's categorized as a severe traffic offense due to the presence of children, crossing guards, and school-related pedestrian activity.
In addition, if you're clocked going more than 50 MPH over the school zone speed limit, your charge may rise to a criminal level, especially if it's coupled with reckless driving under § 316.192, or if you caused a crash.
What Are the Penalties for Super Speeding in a Florida School Zone?
The fines alone are enough to shock most drivers:
- Speeding 1–9 MPH over in a school zone: $50 (doubled to $100)
- Speeding 10–14 MPH over: $200 (doubled to $400)
- Speeding 15–19 MPH over: $250 (doubled to $500)
- Speeding 20–29 MPH over: $300 (doubled to $600)
- Speeding 30 MPH or more over: $350 minimum base fine (doubled to $700 or more)
- Speeding 50 MPH or more: $1,000–$2,500 fine, license suspension, possible criminal charges
And don't forget the points:
- 4 points for speeding 15+ MPH over
- 6 points if the speeding causes a crash
- Accumulate 12 points in 12 months, and your license may be suspended
You also face mandatory court appearances, especially if the alleged speed is extremely high or the officer notes reckless driving behavior. If you have a CDL or are a repeat offender, the consequences are even more severe.
Why You Need a Florida Super Speeding in a School Zone Defense Attorney
These charges might seem open and shut, but they're often not. Speeding tickets—especially those in school zones—are based on subjective officer observations, radar or laser gun evidence, and signage compliance. I've successfully had charges dismissed or reduced because of:
- Improperly calibrated speed-measuring devices
- Incorrect school zone signage or flashing lights that were not operational
- Failure of the officer to properly observe the school zone's hours of operation
- Inconsistencies in the officer's narrative or dashcam footage
- Officer failing to appear at trial
Hiring a private defense attorney ensures that these technical details aren't missed. I thoroughly review every element of the stop and evidence against you. If I can identify a legal flaw or procedural misstep, we use it to your advantage.
Real Case Example: Charges Dropped After Challenging School Zone Validity
A client of mine in Orange County was cited for driving 46 MPH in a posted 15 MPH school zone. The officer claimed the flashing lights were on and that the ticket couldn't be contested. The client, a local delivery driver, faced thousands in fines and the loss of his commercial driving privileges.
I investigated the timing and discovered that the school was on early release that day, meaning the flashing lights and posted hours didn't align with when the alleged speeding occurred. I obtained school calendar records and surveillance video from a nearby business that confirmed this. The prosecutor agreed to drop the charge entirely before trial.
That's the value a private defense attorney brings—personal attention to detail that public defenders or self-represented drivers often miss.
Defenses That May Apply to Your Case
Every speeding case is unique. In school zone super speeding charges, here are just a few defenses that I might raise:
1. Faulty Radar or Lidar Readings:
Officers must follow strict calibration procedures for radar and lidar devices. If the unit was not calibrated properly that day, its reading may be invalid.
2. School Zone Was Not Active:
The law requires that the reduced school zone speed be enforced only during specified hours or when flashers are active. I will verify signage and flashing light schedules to determine if enforcement was valid.
3. Obstructed or Improper Signage:
If signs were missing, hidden by foliage, or non-compliant, then you may not have received proper notice. That's a constitutional issue we can raise.
4. Improper Officer Observation:
Officers must have a clear line of sight, and if you were accelerating out of the zone or braking when clocked, it could affect your defense.
5. Necessity or Emergency:
If you were responding to a legitimate emergency (e.g. transporting someone to the ER), this might be a mitigating factor or complete defense.
Related Florida Statutes That Could Impact Your Case
In addition to § 316.1895, other Florida laws may come into play:
- § 318.18(3)(b) – Details the fines for school zone violations, which are automatically doubled.
- § 316.192 – Reckless Driving. If your speed is deemed "wanton and willful disregard for safety," prosecutors may stack charges.
- § 322.27 – License suspension guidelines based on points.
- § 316.183 – General speed restrictions, requiring that all drivers operate at safe speeds given road, weather, and traffic conditions.
I regularly use these statutes in motion hearings to argue for reductions or dismissals when appropriate.
How I Fight for a Reduction or Dismissal
Not every case ends in a dismissal. But a reduction to a non-moving violation or court-approved driving school can save you thousands over time. Here's how I help:
- I file discovery motions to obtain calibration records and officer certifications
- I subpoena school zone light operation logs, if needed
- I negotiate with prosecutors to downgrade to lesser offenses
- I attend court on your behalf, so you may not need to appear
- I fight aggressively for dismissal if the evidence is weak
With over 30 locations across Florida, I appear in courts from Miami-Dade to Duval, from Orange County to Collier, and everywhere in between. I understand how local traffic judges approach these cases and tailor my arguments accordingly.
Why Private Representation Makes the Difference
Too many people assume that hiring a lawyer for a "traffic ticket" isn't worth it. But a school zone speeding violation is not just a ticket. It's an enhanced offense that can raise your insurance, put your license at risk, and in some cases, lead to a criminal record.
Public defenders are not available for traffic infractions, and court-appointed counsel rarely handle these types of cases unless jail time is involved. A private attorney like me handles every aspect of your case, protects your driving privileges, and works to keep your record clean.
Florida Super Speeding in a School Zone Defense FAQs
What makes a school zone ticket different from a regular speeding ticket?
School zone tickets carry enhanced penalties because they are meant to protect children. Fines are automatically doubled and often start higher than regular speeding fines. If you exceed the limit by a large margin, you could also be facing reckless driving charges or a mandatory court appearance. These cases are not handled like normal traffic infractions and deserve aggressive legal attention.
Can I get my school zone speeding charge dismissed?
Yes, depending on the facts of your case. If we can show that the school zone signage was improper, the flashing lights weren't on, or the radar/lidar wasn't accurate, we may be able to have the charge dismissed entirely. Each case is fact-specific, and I thoroughly review all available evidence before deciding how to proceed.
What if the officer says I was going over 50 MPH in the school zone?
That's considered "super speeding," and in some cases can lead to a reckless driving charge or an extremely high fine—often $1,000 or more. You need a lawyer immediately if that's your situation. I have handled many cases like this and will work to challenge the evidence and negotiate a reduced charge.
Can I avoid points on my license if I hire a lawyer?
Yes. One of the main goals of hiring a private defense attorney is to avoid points being assessed on your license. This helps protect your insurance rates and prevents license suspension. I aim for either dismissal or resolution through driving school, withholding adjudication, or reduction to a non-moving violation.
Will I have to appear in court for a school zone speeding charge?
In most cases, if I represent you, you do not have to appear personally. I can appear on your behalf in court. There are exceptions for criminal-level charges or situations where the judge requires personal appearance, but that's rare. I always notify my clients in advance if personal attendance is necessary.
Can a school zone speeding ticket affect my insurance?
Absolutely. Insurers treat school zone violations as high-risk events. Your premiums could skyrocket for years, especially if points are added to your license. That's one of the key reasons to fight the charge. Keeping your record clean helps keep your costs down.
Is it worth fighting a speeding ticket if I'm guilty?
Yes. Even if you believe you were speeding, you still have legal rights. The state must prove its case, and there may be opportunities to reduce the charge, avoid points, or have it dismissed on procedural grounds. I've helped many people in similar situations save money and protect their records.
What are the most common mistakes drivers make in these cases?
The biggest mistake is paying the ticket without a fight. Once you pay, you admit guilt, and the points go on your record. Another common mistake is trying to argue with the judge without knowing the legal standards. A private defense attorney gives you the advantage of knowledge, experience, and courtroom presence.
Call the Florida Super Speeding in a School Zone Defense Attorney Today
Don't take chances with your record, your insurance, or your driving privileges. I defend drivers across Florida facing serious school zone speeding allegations. If you've been cited for driving excessively fast in a school zone, I want to hear your side of the story and build a strong defense.
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 30 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.