If you have received a Florida speeding ticket, it is important that you understand all aspects of that ticket, or have an speeding ticket defense attorney by your side who can explain the statutes related to your ticket. Many people simply pay their speeding ticket, which can lead to sometimes serious and far-reaching repercussions such as points on the driving record and greatly increased insurance premiums. If you were cited by a Florida police officer under Florida statute 316.183—state traffic control laws—the following information is pertinent to your case.
Statute 316.183 states that:
- No matter what the posted speed limit is, it is unlawful to drive your vehicle on a highway at speeds which are greater than a reasonable, prudent person would drive under the same conditions. Speed must always be controlled in a manner which avoids collisions with other vehicles, persons or objects. All persons who drive a vehicle on Florida highways must use due care and follow all legal requirements.
- The maximum allowable speed on Florida streets and highways is thirty miles per hour in business or residential areas and fifty-five miles per hour in other locations. That being said, counties or municipalities have the right to set a maximum speed limit of twenty or twenty-five miles per hour if it is determined—following a thorough investigation—that such limits are reasonable. On highways comprising a part of the National System of Interstate and Defense Highways with no fewer than four lanes, the minimum speed limit will be forty miles per hour—except in areas where the maximum speed limit is seventy miles per hour, in which case the minimum speed limit will be fifty miles per hour.
- School buses may not exceed Florida’s posted speed limits under any circumstances at any time.
- Drivers must reduce their speed appropriately when going across a railroad crossing or through an intersection, when approaching a hill crest or going around a curve, when traveling on a narrow or winding road or any time a hazard exists to pedestrians or other drivers.
- Drivers must reduce their speed appropriately during inclement weather, however no person shall drive so slowly that the normal traffic movement is blocked or impeded.
- When driving through a construction or work zone, no driver shall exceed the posted maximum speed limit.
- Violations of Florida statute 316.183 are non-criminal traffic infractions, punishable as traffic infractions as provided for under chapter 318.
Getting Help from a Speeding Ticket Lawyer in FL
Speaking to an an aggressive speeding violation attorney from our firm can make the difference in the outcome of your speeding ticket. Our attorneys have many years’ experience helping clients like you, who have received a speeding ticket under statute 316.183 and are facing many unpleasant consequences as a result. Our attorneys are highly skilled negotiators as well as litigators and can present your case in the best light in front of the judge. We can question the officer who issued your speeding ticket, ensuring that all proper procedures were followed, and can challenge the device used to measure your speed as far as whether the machine was properly calibrated and tested. Don’t face your speeding ticket on your own—speak to an attorney who can fight your speeding ticket today.
316.183 Unlawful speed.—
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or 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 is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.
(3) A school bus may not exceed the posted speed limits at any time.
(4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when:
(a) Approaching and crossing an intersection or railway grade crossing;
(b) Approaching and going around a curve;
(c) Approaching a hill crest;
(d) Traveling upon any narrow or winding roadway; and
(e) Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(6) No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.
(7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.