The Speeding charge is a civil traffic offense in Florida. This document is meant to better inform those charged with Speeding in Florida of their options regarding the protection of their driver’s license, limit insurance increases, points and the available defenses in court.
There are several types of speed detection devices in use by police in Florida. Currently authorized are RADAR (moving and stationary), VASCAR, LASER, PACE CLOCK, and AIRPLANE.
Whatever the detection method, there are strict rules governing admissibility of evidence gathered by the use of these electronic or mechanical devices for use in Court.
What this means is the agencies must play fair with all or the evidence of speeding is out. Many of us are familiar with the 80 MPH trees! To avoid those situations, Florida has very fair rules.
Florida also has three different speeding statutes which prevent different kind of speeding. (i.e.: Highways, County Roads, City Roads, State Roads, 55 mph Vs 65 mph zones, etc).
You must first check which statute section the officer used to legally determine if you are properly charged. You must then check the rules on the particular speed detection device, so you can challenge the citation.
There are also filing time requirements that must be met by the agencies. We don’t want unfilled tickets lying around at the police station for months until the motorist forgets about them or his or her defense is prejudiced. Therefore, the officers must file their tickets within five (5) days, or risk dismissal by the Court upon timely motion by the defense.
Proof problems develop in Court frequently when the officer fails to testify to certain legal requirements and a motion to dismiss is made. Under a good cross examination, weaknesses in the officers case can lead to a dismissal by the Judge or even by many honest and candid police officers I have met through the years.
Therefore, it is always a good idea for the motorist to challenge speeding tickets as well as all moving violations. Why? To begin with, the the insurance companies use speeding tickets to jack up motorists insurance rates. (Some companies like GEICO are even buying police agencies RADAR and LASER systems).
In Miami-Dade County, a single ticket can raise rates by $325 per year for five years…That’s a whooping increase of $1,625 for paying one ticket!
Again, the best defense is to retain the best legal counsel one can afford. The best counsel means an experienced firm that files as many motions as a case warrants, goes to as many hearings as necessary and fights or tries the case if necessary. This takes time, since sometimes these cases are continued several times.
Aggressive and Zealous representation at an affordable rate is our goal at Ticket Law Center. We fight these cases in sixty (60) of sixty-seven (67) Florida Counties. We are definitely not the cheapest, nor are we the most expensive firm I have found handling these matters. However, in this as in all areas of law, you get what you pay for.
I encourage you to set up a free no obligation consultation with one of our attorneys. Get to know our staff of lawyers and paralegals. Check out our modern fully computerized facility, then make your decision. Over 8,000 clients over the years have repeatedly called on us in their time of need. Call us today at: 305-644-1800.
At Ticket Law Center, we defend those accused of D.U.I., Suspended License cases, Reckless Driving, accidents, and all traffic offenses.
Attorney Albert M. Quirantes is here to fight for you. As your private traffic criminal defense trial attorney, my goal is to successfully defend your D.U.I. and traffic case in court, protect your driver’s license, and keep insurance costs down.