Under Florida Statute 316.1926, Daytona Beach or DeLand speeding tickets 50mph or more over the posted limit are classified as a moving violation, which can result in four (4) points on your license, if convicted. The only thing that is considered in a Florida speeding ticket is the speed in excess of the speed limit. Florida does not have any specific rules based on speed (Florida does not have a license suspension for over 100mph). A Daytona Beach 30mph over the speed limit ticket carries a mandatory court appearance unless an attorney is retained. The minimum mandatory fine for a Daytona Beach 30mph over ticket or DeLand 30mph over the speed limit ticket is just over $350. All Volusia County 50mph over the speed limit ticket carries a mandatory minimum fine of $1,000 plus court cost, a mandatory court appearance and a possible license suspension if the case is not reduced. Offenses that are charged under Florida Statute 316.1926 have penalties that are much more severe than your typical speeding violation ( 5mph to 29mph over the posted limit usually a fine between $130s to $280s) and significantly more severe than the penalties typically imposed for mandatory court offenses for going 30mph to 49mph over the posted limit (usually a fine of just over $350 to $500). The penalties for violating Florida Statute 316.1926 are outlined in Section 318.14(13), Florida Statutes:
- A person cited for a violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2).
- A person cited for a second violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $2,500. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2). In addition, the court shall revoke the person’s authorization and privilege to operate a motor vehicle for a period of 1 year and order the person to surrender his or her driver license.
- (c) A person cited for a third violation of s. 316.1926 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the person’s authorization and privilege to operate a motor vehicle for a period of 10 years order the person to surrender his or her driver license and up to Five Years Imprisonment. In addition, a felony conviction will affect your ability to obtain employment, to be approved for housing, to vote, to own a gun, and many other collateral consequences including registration as a convicted felon.
In all speeding cases, even those involving a Daytona Beach speeding ticket 50mph or DeLand speeding ticket 50mph over the posted limit, there are may be potential technical and/or factual defenses, which can result in the citation being Dismissed or Reduced. Even if the case is strong a reduction can be negotiated. There are several statutes and rules that restrict the admissibility of speed-based evidence, whether it is obtained using radar, laser, speedometer or as calculated using a stopwatch or other timing device like what is typically used in aircraft citations. Just to name Florida Statutes 316.1906, requires the Officer to prove that he/she has completed the radar training course satisfactorily, has visually estimated your vehicles speed, that the conditions (at the time of the alleged offense) permitted the clear assignment of speed to a single vehicle, was operating an approved radar unit. If aircraft is used both the pilot and the officer that issued the citation must show up. The speed detection device and serial number must be on all speeding tickets. If these facts cannot be established the Daytona Beach 50mph over ticket will be dismissed.
Speeding ticket attorney Kevin J. Pitts frequently handles Daytona Beach 30mph speeding tickets and Daytona Beach 50 miles per hour over the speed limit cases. Mr. Pitts is a former Daytona Beach prosecutor who has prosecuted and defended cases in Volusia County since 2008. Mr. Pitts dedicates his practice exclusively to criminal defense and traffic ticket cases. If you receive a mandatory court appearance ticket in Daytona Beach for 30mph over or 50 mph over contact speeding ticket attorney Kevin J. Pitts at 386-451-5112 for a free case evaluation.