We Defend Drivers Accused of Speeding in Construction and Maintenance Zones Across Florida
As a Florida criminal defense attorney, I've handled thousands of traffic-related cases, including those where someone wasaccused of speeding through a construction or maintenance zone. If you've received a ticket or criminal charge for speeding in a work zone, you're likely worried about steep fines, license points, insurance spikes, or even jail time. These cases are not just about a speeding ticket—they can be financially devastating and impact your driving record for years. You need a real defense, not just a quick payment option.
That's where I come in.
Florida's laws around work zone speeding are strict. But just because you're accused doesn't mean you're guilty. My job is to protect your rights, challenge the evidence, and fight for the best possible outcome.
Let me walk you through the law, your options, and why having a private defense attorney gives you a real chance at avoiding harsh penalties.
Understanding Florida's Work Zone Speeding Law
Florida Statute § 316.187(1) allows the Department of Transportation and local authorities to set speed limits based on traffic conditions. When it comes to construction zones or areas where road workers are present, Florida law imposes enhanced penalties.
More specifically, Florida Statute § 316.1893 governs violations in work zones. The statute states:
"Any person who exceeds the posted speed limit in a construction zone designated by the Department of Transportation and where workers are present shall pay a fine double the amount listed in s. 318.18."
That statute is further supported by § 318.18(3)(b):
"If the violation occurred within a legally posted construction zone and workers are present, the fine is doubled."
What this means is that a $250 ticket can quickly become $500 or more. And if your speed was high enough, you could be facing a criminal misdemeanor under Florida Statute § 316.1925 for careless or reckless driving.
The Real-World Impact: More Than Just a Fine
Most people think a speeding ticket is no big deal. But if it's in a work zone, the penalties can include:
- Double or triple fines
- Mandatory court appearance
- License points
- License suspension for repeat offenses
- Increased insurance premiums
- Criminal charges for reckless driving
In Florida, even a single moving violation in a construction zone while workers are present can lead to a financial and legal headache. Many people don't realize that paying the ticket is an admission of guilt. That's why I advise anyone facing this type of charge to consult a private attorney first.
Real Case Example: Charges Dropped After We Proved Faulty Signage
One of my clients, a father of three and construction contractor himself, was ticketed for speeding 22 miles over the posted limit in a work zone near I-75. He faced a $700 fine, 6 license points, and a suspended license due to prior infractions.
When he hired me, I immediately began investigating the circumstances. We requested the maintenance logs, the radar calibration records, and the photos of signage taken by the officer. We found that the work zone signs had been improperly placed and one was obscured by overgrown vegetation.
After presenting this in court, the judge dismissed the ticket entirely. No fine, no points, no suspension.
This is just one example of how critical a proper legal defense can be.
Defenses We May Use in Florida Work Zone Speeding Cases
Every case is different, and no defense should be cookie-cutter. That said, here are several approaches I've used to challenge work zone speeding charges across Florida:
1. No Workers Were Present
Many people are ticketed in zones where no one was working at the time. Under § 316.1893, enhanced penalties only apply when workers are "present." We can subpoena time logs, work schedules, or even traffic camera footage to prove otherwise.
2. Faulty or Hidden Signage
Speed limits must be clearly posted. If a sign was blocked, damaged, or non-compliant with MUTCD (Manual on Uniform Traffic Control Devices) standards, the citation may be invalid.
3. Radar or LIDAR Calibration Issues
If the officer's speed-measuring device wasn't properly calibrated or certified, the evidence may be thrown out.
4. Improper Training or Procedure by the Officer
We often examine whether the officer followed correct procedures for pacing, radar use, and documentation. If not, the charge may be dismissed.
5. Driver Emergency
If you had a legitimate emergency—such as a medical issue, mechanical failure, or avoiding a collision—we may be able to justify your speed under the circumstances.
Why You Need a Private Attorney, Not Just Any Representation
Public defenders don't handle traffic violations unless there are criminal charges. And traffic ticket clinics often push you to take a deal that may not be in your best interest. When you hire me, you get individualized attention, strategic thinking, and someone who truly understands the impact this can have on your record, your job, and your life.
I don't take shortcuts. I prepare every case as if it's going to trial, which often leads to better outcomes even before we step into a courtroom. Whether you're in Miami, Orlando, Fort Myers, or Pensacola, I can represent you anywhere in Florida.
Related Charges and Enhancements That May Apply
Speeding in a construction zone is often just one part of the ticket or arrest. You may also be facing:
- Reckless Driving – § 316.192
- Defined as driving with "willful or wanton disregard for the safety of persons or property." It's a misdemeanor.
- Careless Driving – § 316.1925
- Involves failing to drive in a careful and prudent manner. This charge is less serious but can still lead to points and fines.
- Failure to Obey Traffic Control Device – § 316.074
- This includes ignoring or missing posted work zone signs.
I review the entire citation and circumstances to see if the stop was lawful and whether these enhancements or add-ons can be challenged or dismissed.
Florida CDL Holders and Out-of-State Drivers
If you hold a commercial driver's license, the stakes are even higher. Florida reports all moving violations to the federal CDLIS system, and work zone speeding can lead to:
- Loss of employment
- Disqualification from commercial operation
- Increased DOT insurance rates
For out-of-state drivers, Florida convictions can follow you home and affect your license status elsewhere. I've helped countless tourists, snowbirds, and truckers deal with these charges without having to return to Florida.
Your Next Step: Let's Fight This Together
If you've been ticketed or charged with speeding in a work zone in Florida, don't wait. The longer you wait to act, the more likely it is that deadlines will be missed, or you'll be pressured to just plead guilty.
My law firm has handled thousands of traffic and criminal matters, and we have offices throughout the entire state. Whether you're dealing with a misdemeanor, a CDL issue, or just want to avoid license points, I'm here to fight for you.
FAQs: Florida Speeding in a Work Zone Defense
What are the penalties for speeding in a Florida construction zone?
If workers are present, Florida law doubles the standard fine. This can mean a $250 ticket becomes $500 or more. You'll also get license points—usually 3 to 6 depending on how fast you were going. And if your speed was egregious, you may be charged criminally under the reckless or careless driving statutes. Fines, license suspension, and insurance increases can follow.
Do workers have to be present for the doubled fines to apply?
Yes, under § 316.1893, the higher penalty applies only when workers are actively present. That doesn't mean just postedsigns or equipment sitting idle. We can often challenge tickets where no evidence of workers being on-site exists.
What happens if I just pay the fine?
Paying is an admission of guilt. That means the points go on your record, the fine stays, and your insurance can increase. You also forfeit the opportunity to have the charge reduced or dismissed entirely. It's always better to speak with an attorney before deciding.
Can I avoid court if I hire a lawyer?
In most cases, yes. For non-criminal speeding tickets, I can appear on your behalf and work to resolve the case. In more serious cases or where the judge requires it, we'll prepare for you to appear with the strongest defense possible.
I didn't see the signs—can that be used as a defense?
Yes, if signage was obstructed, missing, or failed to meet required standards, we can challenge the validity of the charge. I frequently request DOT logs and photos to support this defense.
Will this affect my commercial driver's license (CDL)?
Absolutely. CDL holders face harsher scrutiny, even for minor traffic offenses. If you're convicted of speeding in a work zone, your employer may be notified, and your ability to operate commercially may be at risk. I handle CDL cases with the care they deserve.
Can this type of ticket be dismissed?
Yes. If we can show improper procedures, equipment issues, or mitigating circumstances, the judge may dismiss the ticket entirely. Other times, we negotiate a reduced charge that avoids points or insurance increases.
How much does it cost to fight a work zone speeding ticket?
Fees vary depending on the location, severity of the charge, and whether it's a civil or criminal case. That said, I offer a free consultation so you can understand your options. Often, the cost of fighting the ticket is far less than the long-term consequences of pleading guilty.
How soon should I contact a lawyer?
Immediately. Florida traffic tickets come with a strict 30-day deadline to contest them. Waiting too long can result in additional penalties, license suspension, or default judgments. The earlier I can get started, the better your chances.
Do you represent people throughout Florida?
Yes. With over 30 office locations across the state, I defend clients in every county, including Miami-Dade, Hillsborough, Orange, Broward, Duval, and the Panhandle. You don't need to handle this alone. I'm here to help wherever you are in Florida.
Call Our Florida Speeding in a Work Zone Defense Attorney
If you've been cited or charged with speeding in a work zone in Florida, don't leave your future up to chance. The penalties can follow you for years, but you don't have to face this alone.
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.