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You Can Now Go to Jail for Speeding in Florida

Florida’s roads will soon be safer with new legislation targeting dangerous drivers. Starting July 1, 2025, House Bill 351 will make excessive speeding a criminal offense instead of a civil violation.

This change responds to a surge in high-speed accidents on Florida highways. Drivers caught going 50+ mph over the limit or exceeding 100 mph will face jail time and permanent criminal records.

These strict measures aim to protect communities and change driver behavior. At Battaglia, Ross, Dicus & McQuaid, P.A., we support these life-saving changes while ensuring fair legal representation for accused drivers.

Background and Need for Stricter Speeding Laws in Florida

Florida’s roads have grown more dangerous due to excessive speeding, with extreme speeding causing 10% of traffic fatalities from 2019 to 2023 and claiming hundreds of lives annually. In January 2025, Orange County deputies cited 101 drivers for exceeding 100 mph, underscoring an urgent need for legislative action.

The December 2024 death of 19-year-old Anthony Reznick, killed by a driver going 127 mph in a 45-mph zone, became a catalyst for public outrage and calls for change.

Regarding HB 351, Hollywood Sen. Jason Pizzo underscored the recklessness of excessive speed, stating:

“You can’t go ahead and pass somebody at 100 miles an hour or in excess (of that) and think that that’s not dangerous and excessive speeding.”

Overview of House Bill 351 and New Definitions of Excessive Speeding

House Bill 351 marks a major shift in Florida’s handling of dangerous driving. It gives law enforcement time to prepare and educate the public.

The bill introduces “dangerous excessive speeding,” making it a criminal offense to:

  • Drive 50+ mph over the speed limit
  • Drive over 100 mph, regardless of the limit

Previously, a civil infraction with fines and points. Now, HB 351 makes extreme speeding a second-degree misdemeanor. This aligns Florida with states like Virginia and Georgia, which already criminalize such offenses. The bill provides law enforcement with clear guidelines by establishing specific speed thresholds for issuing criminal charges.

Key Changes Under the New Florida Speeding Law

Florida’s new speeding law marks a dramatic shift in how the state handles excessive speeding cases. The previous system of civil penalties has been replaced with serious criminal consequences.

Drivers caught speeding excessively now face second-degree misdemeanor charges instead of simple traffic citations. This change requires mandatory court appearances for all violations, with no exceptions.

The new tiered penalty system includes:

  • First Offense: Up to 30 days in jail, $500 fine, permanent criminal record, and 6 points on driving record
  • Second Offense (within 5 years): Up to 90 days in jail, $1,000 fine, license revocation (180 days to 1 year), and 12 points on driving record

Enforcement and Legal Procedures under the New Law

Law enforcement officers across Florida have received specialized training to handle criminal-level speeding violations. This training includes advanced speed detection techniques, proper documentation procedures, and standardized protocols for processing these serious offenses.

The new law establishes clear-cut guidelines for police officers:

  • Mandatory video recording of all excessive speeding stops
  • Immediate license confiscation for speeds exceeding 100 mph
  • Required documentation of weather and road conditions
  • Standardized field sobriety testing for suspected impaired drivers

Police departments have implemented a zero-tolerance policy for excessive speeding. Officers must now follow strict evidence collection protocols, including:

  • Multiple radar or lidar speed readings
  • Dashboard camera footage preservation
  • Detailed incident reports with specific speed measurements
  • Photographic evidence of speed detection equipment calibration

The court process requires defendants to appear before a judge within 30 days of the citation. During these mandatory court appearances, prosecutors present evidence packages containing:

  • Speed detection device certification records
  • Officer training credentials
  • Complete traffic stop documentation
  • Weather and road condition reports

Judges now have specific sentencing guidelines based on exact speed measurements and prior driving records. Each case receives individual review, with courts examining both aggravating and mitigating circumstances.

How the New Speeding Law Will Affect Your Defense Options

This new law’s procedures can also have an effect on how criminal defense attorneys can handle your defense. Under the previous regulations, speeding violations were typically categorized as minor infractions, often resolved through plea deals or simple traffic court appearances. However, with the reclassification of excessive speeding as a second-degree misdemeanor, the defense strategies must evolve accordingly.

Key Changes in Defense Strategy:

  • Court Appearances: As mentioned, all individuals charged with excessive speeding are required to make mandatory court appearances. This eliminates the option for attorneys to settle cases quickly through negotiation without client presence.
  • Increased Evidence Requirements: With stricter penalties, defense attorneys must meticulously scrutinize the evidence presented by law enforcement. This includes examining video recordings of the stop, assessing speed detection methods used, and ensuring all procedural protocols were followed correctly.
  • License Confiscation Protocols: Immediate license confiscation changes how attorneys plan for interim driving privileges. Defense strategies will need to incorporate petitions for temporary licenses and navigate complex administrative hearings.

Enhanced Defense Tactics:

  • Challenging Video Evidence: Attorneys can focus on disputing the accuracy and clarity of mandatory video recordings. Any discrepancies in footage can be pivotal in undermining the prosecution’s case.
  • Evaluating Speed Detection Techniques: Advanced speed detection techniques used by officers need rigorous evaluation. Defense teams might employ expert witnesses to challenge the reliability and calibration of these devices.
  • Procedural Errors: Identifying any procedural missteps during documentation or processing can be crucial. These errors could form the basis for motions to dismiss or reduce charges.

Therefore, it’s clear why hiring a Florida speeding defense attorney who understands how to leverage these tactics is essential.

Consequences Beyond Legal Penalties: Insurance and Civil Liability

A criminal speeding conviction immediately affects your insurance coverage. Insurance companies view excessive speeding as high-risk behavior, often triggering premium increases of 25-40% for up to five years.

The financial impact extends beyond premium hikes:

  • Insurance carriers may classify you as a “high-risk driver”
  • Some companies might deny coverage renewal
  • You could lose safe driver discounts
  • Multiple violations risk policy cancellation

Driver’s Licenses

The law’s impact on driver’s licenses is equally severe. Points from excessive speeding stack with other violations, potentially triggering automatic suspensions. Commercial drivers risk losing their CDL credentials, directly affecting their livelihood.

Civil Liability

Civil liability presents another serious concern. Drivers convicted of excessive speeding face heightened legal exposure in accident cases. Florida courts often view speeding criminal records as evidence of negligent behavior, strengthening plaintiffs’ claims for damages.

A speeding conviction can affect civil lawsuits in several ways:

  • Plaintiffs can use the criminal conviction as proof of negligence
  • Courts may award higher damages due to reckless conduct
  • Personal assets become vulnerable to judgment claims
  • Legal defense costs increase significantly

These consequences create a ripple effect through your financial life. A single excessive speeding incident can lead to years of increased costs, limited insurance options, and potential civil liability exposure.

Legal and Personal Implications of a Criminal Conviction under the New Law

A criminal conviction for excessive speeding in Florida creates lasting consequences that extend far beyond the courtroom. A permanent criminal record can derail career opportunities, as many employers conduct background checks during their hiring process.

Impact on Professional Licensing

Professional licensing boards take a strict stance on criminal convictions. Doctors, nurses, teachers, and other licensed professionals might face disciplinary actions or license suspension. Real estate agents and financial advisors could lose their certifications entirely.

Immigration Consequences

The impact on immigration status can be severe:

  • Risk of visa denial or renewal rejection
  • Potential deportation proceedings
  • Delayed naturalization process
  • Travel restrictions to certain countries

Insurance Ramifications

As you now know, insurance companies view criminal speeding convictions as high-risk behavior:

  • Premium increases up to 300%
  • Limited coverage options
  • Required high-risk insurance filing
  • Multi-year rate penalties

Financial Burden

The financial strain doesn’t stop at insurance costs. Background check fees, court-mandated defensive driving courses, and potential job losses create a significant economic burden. Some individuals face challenges securing housing or obtaining loans due to their criminal record.

These consequences highlight why treating an excessive speeding charge as a minor inconvenience can be a costly mistake. The new law’s criminal classification transforms a traffic violation into a serious legal matter with life-altering repercussions.

Why Expert Guidance from an Attorney Matters Under the New Florida Speeding Law

Florida’s new speeding law introduces tougher penalties and more complex legal processes. Skilled legal representation is essential. Our attorneys know how to identify technical issues — from radar calibration errors to flawed traffic stop documentation — that can lead to reduced charges or even dismissal.

We focus on protecting your rights through every stage of the case. Our team provides:

  • Careful preparation and organization of evidence.
  • Clear, persuasive presentation in court.
  • Targeted challenges to speed detection tools and procedures.
  • Coordination of witnesses and expert testimony.
  • Strategic negotiation with prosecutors to pursue the best outcome.

Every case has unique facts. We examine details like road conditions, construction zones, and emergencies that may justify or explain speed. Our deep knowledge of local judges and court procedures helps us build defenses that align with courtroom expectations and give clients the strongest chance for success.

Contact Battaglia, Ross, Dicus & McQuaid P.A. for Experienced Legal Representation

At Battaglia, Ross, Dicus & McQuaid P.A., we’ve been defending drivers in St. Petersburg and across Florida since 1958. Our firm has earned a reputation for integrity, skill, and results. We understand how stressful a criminal speeding charge can be, and we’re here to guide you through it.

When you work with us, you’ll get:

  • More than 65 years of legal experience.
  • A dedicated team focused on traffic and criminal defense.
  • Customized strategies built around your situation.
  • Clear, consistent communication from start to finish.
  • A free, confidential initial consultation to review your case.

Don’t face these serious charges alone. Contact us today to schedule your consultation. Let our experienced attorneys help protect your record, your license, and your future.

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