Orange County Speeding Ticket for Driving Thirty Miles or More Above the Speed Limit

In Orange County in 2013, 1,620 tickets were issued to those driving thirty miles or more over the posted speed limit. This number rose slightly to 1,625 in 2014, then dropped in 2015 to 1,473. So, if you received a ticket for driving thirty miles or more over the posted speed limit in Orange County, you are not alone! You should not, however, face this ticket on your own. For speeding tickets of thirty miles or more over the posted speed limit, a court appearance is mandatory.

If you are not a resident of Orange County, but were merely traveling through, it could be extremely difficult for you to return to attend your court appearance. While there are many reasons to hire an experienced traffic ticket attorney to appear with you, or on your behalf, this could be an additional reason. Your attorney can appear on your behalf, saving you the time and expense of returning to Orange County. A ticket for speeding thirty miles or more over the posted speed limit is not the same as a speeding ticket at lower speeds. There are additional issues you will have to consider if you have received this level of speeding ticket. Some of those issues include:

• Your fine could be as high as $500, depending on the judge’s impression of the circumstances surrounding your ticket, the officer’s input and your prior driving record.
• You will receive four points on your driving record if convicted for driving thirty or more miles above the posted speed limit, or six points if there was an accident.
• If you have a motorcycle endorsement, you could lose that endorsement if convicted of speeding thirty miles or more above the posted speed limit.
• If you were in a construction zone or school zone, your fines would be doubled.
• If you were going fifty miles or more over the speed limit, the minimum fine you will pay is $1,000.
• The Florida statutes governing your speeding ticket are 316.187, 316.189 and 316.183.
• Your speed was likely measured via pace clock, radar or laser—all of which have issues which can lend themselves to a challenge by your attorney.
• Your insurance rates are likely to increase significantly if you are convicted of speeding thirty miles or more over the posted speed limit.

Potential Defenses to Your Speeding Ticket
Although your attorney will tailor your defense to the specific circumstances surrounding your ticket, below are some of the more common defenses used in similar situations:

• Perhaps you really weren’t driving the speed the police officer claims, therefore your attorney may argue actual innocence.
• If you were driving over the speed limit, your attorney might argue road and weather conditions supported your speed, however this argument is unlikely to be successful in speeds of thirty or more miles over the posted speed limit.
• Your attorney could claim you had a true emergency, however only if it is actually true.
• The police officer used a radar detector which picked up another vehicle, rather than yours.
• The radar or laser unit which recorded your speed was either not properly maintained, or not properly calibrated.
• The police offer either was not properly trained to use the radar or laser unit, or did not have the proper qualifications.
• The speed readout was affected by a metal traffic sign, a larger vehicle close to you, or by a nearby power plant.
• If a pace clock was used to measure your speed, your attorney may be able to challenge the results by asserting the officer did not maintain a constant speed behind you for the required amount of time, or that a poor pacing environment, such as heavy traffic, was involved.
• If radar was used to measure your speed, your attorney may be able to show that wind, rain and storms can result in false signals in a radar detector, or that, because radar detectors put out a wide beam, another car’s speed was actually read, rather than yours.
• If laser was used to measure your speed, the accuracy of the results depend on the officer’s ability to hold the device steady (if it is a handheld device), therefore a challenge might be possible on this issue.
• Your attorney could possibly negotiate a deferred adjudication on your behalf, meaning you would still be responsible for the applicable fines, however if you received no further traffic tickets for a specified length of time, you would not receive points on your driving record.

If you appear on your own before the judge, he or she is unlikely to listen to any excuse you may have. If, however, you have a professional, skilled, experienced attorney from The Law Place by your side, the judge will see you are taking the matter seriously, and may grant you some leeway. Our attorneys understand the importance of avoiding points on your driving record, and will work hard for the best outcome possible in your case.

Orange County Courthouse
425 North Orange Avenue
Orlando, FL 32801
(407) 836-2000