Perhaps you recently received a Florida speeding ticket under statute 316.189 and are unsure what you should do to obtain the best outcome possible. Many Floridians will simply write out a check and pay the ticket, believing this is the path of least resistance and will result in having the matter over and done with. Unfortunately, this is not precisely true. There are a number of negative consequences associated with simply paying your speeding ticket. Once you pay your speeding ticket, you have pled guilty to the offense and now have a conviction for speeding. This conviction will likely add three to four points to your driving record (depending on how many miles per hour above the speed limit you were accused of driving).
If you have other points on your license, you could actually end up losing your license for a period of time, and if you are like most Americans, you drive your vehicle on a regular basis, to work, to school, and to run the day-to-day necessary errands. A much better choice is to speak to a Florida speeding ticket attorney who can defend you in court, possibly even having your speeding ticket dismissed. Your Florida traffic ticket attorney will have a thorough understanding of all Florida laws and statutes related to your speeding ticket and will know which questions to ask the ticketing officer regarding the procedures used during the issuance of your speeding ticket as well as the specifications and calibration of the radar or laser unit used to measure your speed. If you were cited under Florida Statute 316.189—Municipal speed laws—then the following apply:
- The maximum speed limit within a municipality is thirty miles per hour, however the municipality may set that maximum speed limit at twenty or twenty-five miles per hour should an investigation determine a lowered speed limit is reasonable. The municipality also has the right to set a maximum speed of up to sixty miles per hour should it be deemed reasonable. (These changes may not be implemented on state highways or connecting links to state highways).
- On county-maintained roads, the maximum speed in a business or residential area shall be thirty miles per hour, or can be set to twenty-five miles per hour should an investigation deem such a change reasonable.
- The Board of County Commissioners may alter speed limits—both maximum and minimum should such changes be deemed necessary, however as set forth by the Department of Transportation, no speed zone will permit speeds greater than sixty miles per hour.
- This statute requires that all speed zones will be posted with clear, legible speed limit signs which are placed in a manner as to be plainly visible, both in daylight and darkness when illuminated by headlights.
- Violations of speed limits as set forth under Florida statute 316.189 are to be cited as moving violations, punishable as provided for under Chapter 318.
How A Speeding Ticket Defense Lawyer in FL Can Help
By enacting Chapter 316 of the Florida Statutes, the Legislature recognized that certain conditions may require municipalities to alter stated speed limits in order to regulate traffic movement. A The Law Place attorney has the necessary knowledge of all Florida statutes pertaining to your speeding ticket and can use this knowledge to your benefit. We understand that a guilty verdict for your speeding citation can lead to negative, far-reaching repercussions, and will do our best to avoid those consequences. An attorney from our speeding ticket defense law firm can use his or her extensive experience to negotiate or litigate your speeding ticket, depending on your specific circumstances—call our offices today for a thorough assessment of your speeding charge.
316.189 Establishment of municipal and county speed zones.—
(1) MUNICIPAL SPEED.—The maximum speed within any municipality is 30 miles per hour. With respect to residence districts, a municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It shall not be necessary to conduct a separate investigation for each residence district. A municipality may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no changes shall be made on state highways or connecting links or extensions thereof, which shall be changed only by the Department of Transportation.
(2) SPEED ON COUNTY ROADS.—The maximum speed on any county-maintained road is:
(a) In any business or residence district, 30 miles per hour in the daytime or nighttime; provided that with respect to residence districts a county may set a maximum speed limit of 25 miles per hour after an investigation determines that such a limit is reasonable; and it shall not be necessary to conduct a separate investigation in each residence district.
(b) On any other part of a county road not a business or residence district, as set forth in s.316.183.
However, the board of county commissioners may set speed zones altering such speeds, both as to maximum and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no such speed zone shall permit a speed of more than 60 miles per hour.
(3) POSTING OF SPEED LIMITS.—All speed zones shall be posted with clearly legible signs. No change in speeds from 30 miles per hour or from those established in s. 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to this section and s.316.187. All signs which limit or establish speed limits, maximum and minimum, shall be so placed and so painted as to be plainly visible and legible in daylight or in darkness when illuminated by headlights.
(4) PENALTY.—Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318.