Protecting Drivers Facing Enhanced Penalties for Excessive Speed in Florida Work Zones

If you’ve been ticketed or arrested for speeding excessively through a construction zone in Florida, you’re facing more than a fine and a few points. Under Florida law, penalties double in these zones, and prosecutors often push for stiff consequences, especially if workers were present. I’ve defended many clients in these cases and understand how to challenge the evidence and reduce the harm to your license, your insurance, and your record.

Florida’s construction zone speeding laws are strict, but that doesn’t mean your case is hopeless. Whether you were clocked going 30 over the limit, cited without proper signage, or pulled over where no workers were present, we can build a defense that targets the weak points in the state's case against you.

Florida Law on Speeding in a Construction Zone

Florida Statutes § 316.183 and § 316.187 establish general speed limits and provide authority for the Florida Department of Transportation and local governments to reduce speed limits in construction zones. The penalties in those areas are increased under § 318.18(3)(b).

“Any person cited for exceeding the speed limit by more than 10 miles per hour in a legally posted construction zone shall pay a fine double the amount listed in paragraph (a).”

If a driver exceeds the posted speed limit by 30 miles per hour or more, and the offense occurs in a construction zone with workers present, the stakes are higher:

  • Civil penalties are doubled.

  • A criminal traffic charge may apply under aggravated circumstances.

  • The court may mandate a hearing, driving school, or even suspension.

This means a "super speeding" charge—30 mph or more over the posted limit—can put you at risk of license suspension, higher insurance premiums, and even misdemeanor charges depending on the case facts.

Why Construction Zone Speeding Charges Carry Severe Consequences

Florida has taken aggressive steps to protect construction workers from speeding drivers. These areas are dangerous work environments, and lawmakers have increased penalties to encourage caution.

However, what’s supposed to be a deterrent often leads to overly harsh punishments. Many construction zones remain posted with reduced limits even when no workers are present. And in some cases, signs are missing, obscured, or improperly placed. I’ve handled cases where officers set up speed traps at the start of inactive zones, resulting in unfair tickets and charges.

In addition, a super speeding charge can bring multiple consequences at once:

  • Points on your license (4, 6, or more depending on speed and outcome)

  • A citation that may exceed $600 in fines

  • A mandatory court appearance

  • Driver's license suspension or revocation

  • Misdemeanor charges if reckless driving or injury occurred

  • Insurance hikes or cancellation

If you’ve been cited under these conditions, especially in a work zone, it’s essential to understand your rights and fight back early.

Defenses to Super Speeding in a Florida Construction Zone

Speeding charges—especially in enhanced penalty zones—require proof beyond a simple radar gun reading. Here are several defenses we may use depending on the facts of your case:

No Workers Present

Florida law allows for higher fines when workers are present. If the state can't prove active work at the time of the alleged offense, we can argue against the enhanced penalty. In many situations, no workers were on-site or visible, and the speed zone signage remained unchanged for weeks or months.

Inadequate or Improper Signage

The law requires that reduced speed limits in work zones be posted clearly. If the signs were missing, obstructed, improperly placed, or inconsistent, we can file a motion to dismiss or suppress evidence. We've seen many cases thrown out due to failure by road crews or municipalities to follow signage regulations.

Faulty Speed Detection

Radar and LIDAR speed detection devices must be properly maintained, calibrated, and operated by certified officers. If there's any question about the training of the officer, the reliability of the device, or the exact location of the reading, we challenge the accuracy of the speed evidence.

Speed Was Justified or Misidentified

In some emergencies, a driver may accelerate to avoid a hazard. Other times, traffic flow and downhill grades result in brief speed spikes. We also review the officer’s line-of-sight and possibility of targeting the wrong vehicle—especially in heavy traffic near construction areas.

Why You Need a Private Defense Attorney for These Charges

Many people make the mistake of just paying the fine or showing up in court unprepared. But super speeding in a construction zone is not a minor traffic ticket—it can affect your job, license, and insurance.

As a private defense attorney, I don’t just walk you through court—I build a strategy tailored to your case. I review evidence, subpoena calibration records, examine sign placement, and prepare you for every court appearance. Prosecutors often treat these cases aggressively, but with a skilled lawyer, it’s possible to reduce the charge, avoid license points, and in many cases, get the charge dismissed entirely.

Real Case Example: Dropped to a Non-Moving Violation

One of my clients, a 28-year-old engineer, was cited for going 34 mph over the limit in a construction zone in Tampa. The ticket was classified as “super speeding,” and the fine exceeded $800. The officer claimed workers were present, but dashcam footage from the client’s vehicle showed no activity and unclear signage.

I requested discovery of speed detection device records and filed a motion to suppress based on improper sign placement. After negotiations, the prosecution agreed to amend the charge to a non-moving violation with no points, and the client avoided the insurance increase and license hit.

That case demonstrates what’s possible when you take control of the defense early and don't leave your future up to chance.

Other Related Florida Statutes That May Apply

Depending on the facts, you may be facing charges under additional statutes:

  • Florida Statutes § 316.192 – Reckless Driving: If your speed is seen as endangering others, even without a crash, you could be charged criminally.

  • Florida Statutes § 322.27 – License Suspension: Accumulating too many points in a short time can lead to license suspension. A super speeding citation in a construction zone can tip the scale.

  • Florida Statutes § 316.074 – Obedience to Traffic Control Devices: If an officer claims you disregarded signage, you may also be cited under this statute.

These charges often compound and overlap, making it vital to have someone review your case holistically.

Florida Super Speeding in a Construction Zone Defense FAQs

What qualifies as "super speeding" in a Florida construction zone?
"Super speeding" typically refers to driving 30 miles per hour or more over the posted limit. In a construction zone, especially one with workers present, this triggers doubled fines and potentially escalates to reckless driving or license suspension. The term isn’t used in the statute but is widely applied to describe excessive speed with elevated penalties.

Do I have to appear in court for this charge?
In many cases, yes. If you’re accused of speeding 30+ over the limit in a work zone, the citation often requires a mandatory court appearance. Some counties permit legal counsel to appear on your behalf, but it’s always best to consult with a lawyer first to determine your options.

Will I get points on my license?
Yes, if convicted, you may receive 4 to 6 points depending on the severity. If you accumulate too many points within 12 or 18 months, your license may be suspended under Florida Statutes § 322.27. One citation alone can trigger higher insurance premiums or affect a commercial driver’s ability to work.

What if there were no workers in the construction zone at the time?
This is a key defense. If no workers were on-site when you were cited, the enhanced penalties may not apply. Florida law makes a distinction between posted zones with no workers and active zones with workers present. We can argue this distinction in court to seek a reduction or dismissal of charges.

Can I get the charge reduced to a non-moving violation?
In many cases, yes. With legal representation, prosecutors may be willing to amend the charge if there are issues with the evidence, signage, or if you have a clean record. A non-moving violation doesn’t carry license points or insurance consequences, making it a desirable outcome.

How long will this stay on my record?
A moving violation conviction generally stays on your driving record for three to five years, but insurance companies may consider it even longer. More serious traffic convictions can also impact your eligibility for certain jobs or licenses. That’s why fighting the charge up front is often worth the effort.

Can a private attorney really make a difference in a speeding case?
Absolutely. A private defense attorney can challenge the accuracy of the radar reading, inspect sign placement, review video evidence, and negotiate with prosecutors. I’ve seen many cases dismissed, downgraded, or resolved with no points—outcomes that don’t usually happen without representation.

Florida Super Speeding in a Construction Zone Defense Lawyer – Call to Action

If you’ve been cited or arrested for speeding in a Florida construction zone, especially at 30 mph or more over the limit, don’t risk your license or your future by handling it alone. There are defenses available, and there are ways to reduce or even eliminate the penalties.

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.