Florida Super Speeding Ticket Lawyer Explains What’s at Stake and How to Fight the Charges

Why Florida Now Criminalizes Super Speeding

If you’re caught flying down the highway at 100 miles per hour or more in Florida, you’re no longer just looking at a steep fine or points on your license. As of 2025, Florida law treats extreme speeding as a criminal offense, not just a traffic infraction. That means a conviction can put a second-degree misdemeanor on your permanent record—something that could affect employment, insurance, your driving privileges, and even your freedom.

As a Florida super speeding ticket lawyer, I represent clients throughout the state who find themselves facing criminal prosecution simply because they went too fast. If you’re dealing with this kind of charge, you need to understand how serious it is, what defenses are available, and why hiring a private attorney can make all the difference in how your case turns out.

What the Law Says About Super Speeding in Florida

The relevant statute is Florida Statutes § 316.1926, titled Additional offenses. Subsection (2) now provides:

“A person who drives a motor vehicle on a highway or street at a speed that is 50 miles per hour or more over the posted speed limit commits a misdemeanor of the second degree.”

This means that if the posted speed limit is 50 and you're clocked at 100, or if you're going 105 in a 55 zone, you’re not just looking at a ticket—you’re facing a criminal charge.

Under Florida Statutes § 775.082(4)(b), a second-degree misdemeanor carries:

  • Up to 60 days in jail

  • Up to 6 months of probation

  • A fine of up to $500

  • Court costs, fees, and potential restitution if property or injuries are involved

But the real problem is the long-term impact: a criminal record for what many people think is "just speeding." Employers, background checks, licensing boards, and insurance companies can all see that conviction—and they often won’t care about the context.

Why You Need a Florida Super Speeding Ticket Lawyer

It’s tempting to think you can just explain the situation, pay the fine, and move on. But once it’s classified as a criminal traffic violation, things get more complicated. Public defenders rarely handle cases like these unless you’re also charged with another offense. Even if they do, they’re overloaded and can’t devote the time your case may need.

That’s where I come in. As a private Florida super speeding ticket lawyer, I take the time to examine:

  • Whether the radar or lidar device was properly calibrated

  • Whether the officer was certified to use the speed-measuring device

  • Whether you were charged in the correct jurisdiction

  • If traffic or weather conditions impacted the reading

  • Whether your constitutional rights were violated during the stop or arrest

Each one of those issues could be enough to reduce the charge, keep it off your record, or get it dismissed entirely.

Real Case Example: Speeding Over 100 Dropped to Civil Violation

A client of mine was pulled over in Pinellas County for allegedly driving 102 miles per hour in a 50 mph zone on a bridge late at night. The officer issued a citation for a second-degree misdemeanor under § 316.1926. My client had never been arrested before and was terrified about what this could do to his career.

We got to work immediately. I requested the officer’s dash cam footage, calibration logs for the radar gun, and certification records. Our investigation showed the radar unit hadn’t been calibrated in the time period required under Florida Administrative Code 15B-2. We filed a motion to suppress the speed reading, and before the hearing, the prosecutor agreed to amend the charge to a civil infraction—keeping it off his criminal record and avoiding points on his license.

Without legal help, that client would’ve walked into court, pled guilty, and walked out with a criminal record. Instead, he walked away with a clean slate.

How These Cases Play Out in Court

Florida treats super speeding as a criminal traffic offense, which means your case will be heard in county criminal court, not just traffic court. You’ll be required to appear in person unless an attorney appears on your behalf. You’ll be facing a state prosecutor, and depending on the circumstances, they may push for jail time, probation, or an adjudication of guilt.

Having a private attorney can make the difference between:

  • A criminal conviction or a withhold of adjudication

  • Jail time or a negotiated reduction to civil speeding

  • Permanent record or record preservation options

We handle everything from filing motions to negotiating with prosecutors, appearing at hearings, gathering evidence, and preparing for trial if needed.

Other Florida Statutes That May Apply

In some cases, prosecutors or officers may also add additional charges under related statutes, including:

  • Florida Statutes § 316.192 – Reckless Driving

“Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.”
This can elevate your case to a first-degree misdemeanor, especially if there’s aggressive swerving, racing, or property damage.

  • Florida Statutes § 316.650 – Uniform Traffic Citation
    This governs how traffic citations must be issued, including proper documentation and notice. Errors in the citation could support a defense.

  • Florida Statutes § 318.14 – Noncriminal Traffic Infractions
    This statute explains when a violation is considered civil vs. criminal, and allows for election of traffic school or court hearing in some cases.

Potential Defenses to Super Speeding Charges

Every case is different, but here are some of the most effective legal defenses I’ve used for clients charged with super speeding:

Improper Radar or Lidar Use
Florida has strict rules about how officers must maintain and operate speed detection devices. If the device wasn’t tested or the operator wasn’t certified, the speed reading may not be admissible.

No Verified Speed Evidence
In some cases, the officer doesn’t lock in a radar reading and estimates your speed visually. That’s opinion—not hard evidence. Without a reliable speed measurement, the case may be too weak to pursue.

Emergency Circumstances
If you were speeding to avoid a dangerous driver, respond to a family emergency, or get to a hospital, we may be able to raise a necessity defense or mitigation argument.

Unclear Speed Limit Signage
Some roads lack clear signage or have inconsistent postings. If there was no visible speed limit or the posted limit was obscured, we can challenge the basis for the charge.

Lack of Criminal Intent
Unlike civil infractions, a misdemeanor requires the state to prove you committed the act "willfully." We can often argue that your conduct was not criminal in nature.

Long-Term Consequences of a Conviction

A conviction for super speeding doesn’t just end with the court fine. The fallout can last for years:

  • Permanent Criminal Record
    A misdemeanor conviction appears in background checks, state databases, and employment screenings.

  • Higher Auto Insurance Rates
    Insurers treat criminal traffic offenses like reckless driving or DUI. Your premiums could double or triple.

  • Driver’s License Suspension Risk
    Depending on your driving history, this charge could trigger a license suspension under Florida’s point system or habitual traffic offender laws.

  • Impact on Professional Licenses
    Nurses, teachers, pilots, and others with licensing boards could face disciplinary action.

  • Ineligibility for Record Expungement
    If adjudication is not withheld, you may lose the ability to seal or expunge the offense later.

You have every reason to fight a charge like this with an experienced Florida super speeding ticket lawyer by your side.

Frequently Asked Questions – Florida Super Speeding Ticket Lawyer Answers

What qualifies as super speeding in Florida?

Under Florida Statute § 316.1926(2), driving 50 miles per hour or more over the posted speed limit is classified as super speeding. This is now a criminal offense and is charged as a second-degree misdemeanor, which is more serious than a typical speeding ticket.

Is super speeding a criminal charge?

Yes, it is. Unlike a typical traffic ticket, super speeding is considered a criminal traffic offense. This means it goes on your criminal record and can involve penalties like jail, probation, and high fines. It also carries long-term consequences beyond the courtroom.

Can I go to jail for driving over 100 mph?

Absolutely. If you're caught going more than 50 mph over the speed limit, jail is a real possibility. A second-degree misdemeanor allows for up to 60 days in jail. In some counties, especially if you have a prior record, prosecutors may aggressively seek jail time.

Will this show up on background checks?

Yes, unless your case is dismissed or adjudication is withheld and later sealed. Employers, schools, licensing agencies, and landlords can all see a criminal conviction for super speeding. That’s why it’s critical to fight the charge and protect your record.

Can I just pay the fine and be done?

Not with a criminal charge. You can’t simply pay and move on the way you can with a civil traffic ticket. This is a criminal court matter. Failing to appear or handle it properly can lead to a bench warrant or default conviction.

What defenses are available?

We look at radar calibration, officer certification, road conditions, signage, emergency justification, and procedural errors. Any one of these may provide grounds to reduce or dismiss the charge. The earlier you involve an attorney, the more we can do to protect you.

Will I lose my driver’s license?

Not automatically, but it depends on your driving history and whether points from this or other violations trigger a suspension. If there’s a reckless driving enhancement or other charges added, suspension is more likely.

Do I really need a private attorney?

Absolutely. These cases are handled in criminal court, where the rules are more complex and the stakes are higher. A private Florida super speeding ticket lawyer has the time and resources to investigate your case, negotiate reductions, and appear in court on your behalf. Public defenders rarely get involved unless other criminal charges are also filed.

Can my record be sealed if I’m convicted?

No. If you’re adjudicated guilty, the offense becomes permanent. That’s why we fight hard for a dismissal or a withhold of adjudication. If we can avoid a formal conviction, we may later be able to petition for sealing your record.

Can I keep this off my insurance?

Yes, in many cases. If we reduce the charge to a civil infraction or get it dismissed, we can help you avoid the insurance consequences that normally follow a criminal traffic conviction.

Call a Florida Super Speeding Ticket Lawyer Before It Becomes a Criminal Record

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

Musca aw, 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.

Do not wait until your court date. Let us fight the charge and protect your future.