Florida’s New “Super Speeder” Law: How We Defend Against Dangerous Excessive Speeding Charges

As criminal defense attorneys in Florida, we’ve seen firsthand how quickly a routine traffic stop can spiral into something far more serious. With the passage of House Bill 351, drivers are now facing a new criminal charge: “dangerous excessive speeding.” This law didn’t just raise fines—it created a new offense that can land someone in jail, suspend their license, and follow them around for life.

The law took effect on July 1, 2025, and we are already seeing prosecutors and law enforcement treat it aggressively. If you’re accused of speeding 50 mph or more above the posted limit or driving 100 mph or more in a way that endangers others, you could face criminal charges under this statute. This isn’t something you want to handle on your own or with an overworked public defender.

What the Law Says: Florida’s Dangerous Excessive Speeding Statute (HB 351)

Under Florida House Bill 351, which amended Florida traffic laws, the new crime of dangerous excessive speeding is defined as follows:

“A person commits dangerous excessive speeding if they operate a motor vehicle:
(a) in excess of the posted speed limit by 50 miles per hour or more; or
(b) at a speed of 100 miles per hour or more in a manner that threatens the safety of other persons or property or interferes with the operation of any vehicle.”

The penalties are significant:

  • First offense: Up to 30 days in jail, a $500 fine, or both.

  • Second or subsequent offense: Up to 90 days in jail, a $1,000 fine, or both.

  • Repeat conviction within 5 years: Mandatory license revocation for at least 180 days and up to 1 year.

  • Mandatory court appearance for anyone accused of exceeding the speed limit by 50 mph or more.

This is not treated like a simple speeding ticket. You cannot just pay a fine and move on. This is a misdemeanor criminal charge with real consequences—including jail time and a criminal record. That’s why you need someone like us to step in immediately.

Real Case Example: Dismissed Before Trial

We defended a young man charged under HB 351 just days after the law went into effect. He was clocked doing 102 mph on I-95 through Volusia County in the middle of the night. The officer claimed he was weaving between cars and charged him under the “dangerous excessive speeding” statute.

The facts told a different story. Through dashcam footage and witness testimony, we showed that traffic was light, the weather was clear, and our client maintained his lane. There was no evidence he endangered anyone or interfered with any vehicle. We filed a motion to dismiss, arguing that the state failed to prove the “reckless or threatening” requirement in the statute. The court agreed, and the charge was dropped.

That case never would have been thrown out if our client had simply taken the court-appointed attorney and hoped for a deal. We dug into the facts, challenged the state’s assumptions, and protected his record and his future.

Why a Private Attorney Matters Now More Than Ever

Speeding cases used to be traffic matters. HB 351 changes everything. Once you’re charged under this law, you are facing criminal consequences. That includes jail, probation, and long-term license issues. A private criminal defense attorney like us can:

  • Examine the actual conditions of the stop

  • Challenge whether the state can prove recklessness

  • Subpoena dashcam and radar data

  • Cross-examine officers and witnesses

  • Fight for reduced charges or dismissal

A public defender may be juggling dozens of cases each week. We take a different approach. We focus on your case and build a defense around your facts. You deserve that kind of attention when your license, freedom, and clean record are on the line.

Defenses to Dangerous Excessive Speeding Charges

We’ve already begun challenging these charges using several legal strategies. Here’s how we fight back:

1. Lack of Reckless Behavior
Just driving over 100 mph is not enough. The law requires that the driving be reckless or pose a threat to others. We investigate traffic conditions, weather, time of day, and driving patterns. If we can show there was no risk or erratic behavior, the charge may not hold up.

2. Radar and Speed Calibration Issues
Law enforcement must prove speed using properly calibrated equipment. We request documentation of the radar’s maintenance and calibration logs. If they’re missing or expired, the case weakens.

3. Emergency or Necessity Defense
Sometimes people speed for valid reasons—rushing someone to the hospital, responding to an emergency, or trying to avoid danger. Florida law recognizes necessity as a defense in certain circumstances.

4. Misidentification of the Vehicle or Driver
This is especially relevant when aircraft or unmarked patrol cars are used. We look at whether law enforcement correctly identified your vehicle and whether the person stopped was in fact the driver at the time of the alleged speeding.

5. Lack of Prior Notice or Understanding of New Law
Since HB 351 is new, we’ve raised issues where law enforcement misapplies the statute or fails to establish the necessary intent or knowledge element. Legal ambiguity can lead to charges that simply do not hold up.

We use every tool available—from motions to dismiss to aggressive cross-examination—because we know what’s at stake for you.

Mandatory Court Appearance: What You Need to Expect

Unlike traditional speeding tickets, you cannot resolve a HB 351 case by mailing in a payment. The law requires a mandatory in-person court appearance. That hearing is critical. If you go in without a lawyer, the court may push for jail time or a permanent mark on your record.

We appear on your behalf when possible and, if required, stand with you in court to defend your rights. We negotiate with prosecutors and judges to argue for dismissals, reduced charges, or diversion programs.

Related Florida Statutes and How They Interact

Several other statutes may come into play alongside HB 351:

  • Florida Statute § 316.192 – Reckless driving

  • Florida Statute § 322.27(1) – Driver’s license suspension for habitual traffic offenders

  • Florida Statute § 775.082 – General penalty provisions for misdemeanors

These laws are often bundled together in a single case. If you have prior moving violations, multiple speeding tickets, or a reckless driving charge, HB 351 could result in enhanced penalties. We fight back by analyzing each statute and preventing stacking of penalties.

FAQs About Dangerous Excessive Speeding in Florida

What is dangerous excessive speeding under Florida law?
It’s a criminal offense created under House Bill 351 for driving more than 50 mph over the posted limit or driving 100 mph or more in a reckless or threatening manner. It carries possible jail time, fines, and driver’s license consequences.

Is this a misdemeanor or a traffic ticket?
This is a criminal misdemeanor charge, not a civil traffic infraction. That means a conviction will appear on your criminal record and could result in jail time.

Do I have to appear in court?
Yes. If you’re charged with dangerous excessive speeding, you are required to attend a hearing before a judge. This is not optional and cannot be handled by simply paying a fine.

Will my driver’s license be suspended?
For a first conviction, there is no mandatory suspension, but a second conviction within five years will result in license revocation for at least six months and up to one year.

Can I go to jail even if it’s my first offense?
Yes. A judge can sentence you to up to 30 days in jail for a first offense. For second or subsequent offenses, the jail time can increase to 90 days.

How can a lawyer help me fight this charge?
We examine every detail of the stop, challenge the legality of the evidence, request radar calibration records, and cross-examine the officer in court. We can often get charges reduced or dismissed, particularly when the state cannot prove reckless or dangerous driving.

What if I was speeding to avoid a crash or emergency?
If we can prove you were acting out of necessity, this may form a legal defense. We gather evidence to support these claims and present them in court to fight the charges.

Does this law apply even if nobody got hurt?
Yes. Dangerous excessive speeding does not require injury or an accident. It is based on speed and the perceived threat of your driving behavior.

What happens if I’m convicted?
You could face jail, fines, and license suspension. You’ll also have a permanent criminal record that could impact employment, insurance, and professional licensing.

Can the charge be reduced to a civil infraction?
Yes, in some cases we can negotiate a reduction to a non-criminal moving violation, which avoids jail and a permanent record. The outcome depends heavily on your prior record and the facts of the case.

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 30 office locations in Florida and serve all counties in Florida. Don’t let a speeding charge ruin your record or your freedom. We’re ready to fight for you.