• Got the Contributing Memberships stuff finally worked out and made up a thread as a sort of "How-To" to help people figure out how to participate. So if you need help figuring it out, here's the thread you need to take a look at -> http://www.corvetteflorida.com/forums/showthread.php?t=3581 Thank you, everyone! Rich Z.

20 or 30 mph over limit law ?

WARHORSE

New member
I looked over the 2005 statutes and I did not see any statute that specifically says that Reckless driving or racing is defined as X mph over the speed limit

Did I miss it ? Is there a new law on the books since 2005 regarding this ?

I usually keep my car around 85 mph on 95 and maybe I see 95 mph on Alligator Alley on the assumption that we can get away w 20 or 30 mph over

Does anybody know if the law I am refering to actually exists ?

Thanks
 
I would be real careful. With the budget shortfalls, they are trying to make up the difference with fines for even the most minor infractions. I have heard of people getting pulled over and ticketed for going just 4 mph over the speed limit lately.

Although the original stated reason for speeding tickets was based on safety, now it is really all about revenue generation. In effect, the cops have become tax collectors for the state. But since this is sort of a sin tax, it's difficult to counter their justification.
 
I would be real careful. With the budget shortfalls, they are trying to make up the difference with fines for even the most minor infractions. I have heard of people getting pulled over and ticketed for going just 4 mph over the speed limit lately.

Although the original stated reason for speeding tickets was based on safety, now it is really all about revenue generation. In effect, the cops have become tax collectors for the state. But since this is sort of a sin tax, it's difficult to counter their justification.

True, these are not normal economic times

I have also seen MANY more cop cars than usual so I've been behaving

but when I get my Z back I'll be hitting the tracks often

The problem they will have w these 4 mph tickets is that their plan will backfire as some people will challenge it and the courts will be overstuffed w traffic tickets making judges very unhappy about wasted court time
 
I believe that new 50+ mph is instant jail time, 6 points which cant be removed until the three years have gone by, and first offense is 500$ fine, then 1000 2nd offense then 5000 3rd offense.

Thats
 
I believe that new 50+ mph is instant jail time, 6 points which cant be removed until the three years have gone by, and first offense is 500$ fine, then 1000 2nd offense then 5000 3rd offense.

Thats

Is this True That They Can Charge You With A Felony ?........For 50+ ?
 
Here is the most recent (2008) published information (does not include recently enacted legislation).

Speed in excess of 50 over:

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC1926.HTM&Title=->2008->Ch0316->Section%201926#0316.1926

This tells you where your $$ goes on each citation:

(Cut & Paste into you browser! I don't know WTF is up with the link and don't have time to fix it!:mad:)

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC21.HTM&Title=->2008->Ch0318->Section%2021#0318.21

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC18.HTM&Title=->2008->Ch0318->Section%2018#0318.18

Chapter 318-Disposition of traffic fines and penalties:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC18.HTM&Title=->2008->Ch0318->Section%2018#0318.18


http://www.leg.state.fl.us/Statutes...tm&StatuteYear=2008&Title=->2008->Chapter 318


And finally, Chapter 316, the one that will bite most of us in the ass...State Uniform Traffic Control (Chapter 316):

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0316/titl0316.htm

You can find a total list of all statutes here: (I'll update the sticky in this section tonight)

http://www.leg.state.fl.us/Welcome/index.cfm?CFID=78715748&CFTOKEN=28030214

Index:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XXIII

FWIW, I didn't see anything in the statutes that made 50 over a criminal violation.

Didn't really have a lot of time to digest it though and will do a little research today while on the road.

Hope this helps clear things up a bit?

G:wavey:
 
Rather than edit, I'll just add this (will also be in the stickied section tonight):

This opinion from the Attorney General in 2008:

http://myfloridalegal.com/ago.nsf/Opinions/1E63803FC08696808525750700587C5A

It's a lot of gibberish, legaleze double talk, but the cruix of it is as follows:

Section 3 of the 2008 legislation added subsection (13) to section 318.14, Florida Statutes, which provides:

"(13)(a) 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).

(b) 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’s 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, and order the person to surrender his or her driver’s license."


and further:
Non-Criminal Infractions: DISPOSITION OF TRAFFIC INFRACTIONS View Entire Chapter

318.14 Noncriminal traffic infractions; exception; procedures.--

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0318/SEC14.HTM
 
I didn't see anything in the statutes that made 50 over a criminal violation.
Part 2 of this refers to 50 mph over, I have not seen where it criminalizes this or makes it a felony. It says this person shall be cited for a moving violation so I would assume that means NOT a felony

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC1926.HTM&Title=->2008->Ch0316->Section%201926#0316.1926

Part 7 of 316.183 Unlawful speed

(7) A violation of this section is a NONcriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
 
30 over is a mandatory court date. It's still an infraction (meaning you don't go to jail for it alone). 50 over (which was really designed for the crotch rocket motorcycles that race on the highway) is still just a ticket. The fine can be very outrageous as well as the suspension of the license.

There is no set "reckless" speed. The person can in theory be cited for 165 mph in a 55 zone on the highway without technically being "reckless" (just a mandatory 30 or above court date). The reckless takes into account things such as the speed, traffic conditions, weather, number of cars around you in danger by your actions, etc. That is an opinion issue that the officer has to convey in court as to why it appeared to be a willful and wanton disregard for the life safety and property of the others around the violator. In some cases like blasting up the Suncoast Parkway at 30 or 40 over if the area is close to exit/on ramps or traffic is heavy then reckless MAY apply (as one lone example). It is all a variable thing. I know that the reckless charge is not commonly used in poor context. The officers usually see something that specifically needs attention before someone gets hurt.
 
I didn't see anything in the statutes that made 50 over a criminal violation.
Part 2 of this refers to 50 mph over, I have not seen where it criminalizes this or makes it a felony. It says this person shall be cited for a moving violation so I would assume that means NOT a felony

http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC1926.HTM&Title=->2008->Ch0316->Section%201926#0316.1926

Part 7 of 316.183 Unlawful speed

(7) A violation of this section is a NONcriminal traffic infraction, punishable as a moving violation as provided in chapter 318.


Read further. The punishment get's progressively worse.

A third violation makes it a FELONY:eek:

(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, and order the person to surrender his or her driver's license.
 
Guess I'll stay at 25mph over and keep the rest for the track

Good idea. The 4mph tickets are a false story (unless it's school zones or construction zones - otherwise FL law says under 5mph over is a mandatory warning). The tickets from that point upward though can get very expensive and I hate to say it but the cities and FHP really are on a push to get revenue back in the departments with tickets. The officers are not making the tickets up, but they do look more proactively and agressively for more hours of the day to make their supervisors in office happy. The County Sheriff's Departments have not stepped up the enforcement beyond the normal efforts seen before the economic tax problem in my opinion, just the cities and State Troopers following orders to "make the roads safer".
 
...the cities and FHP really are on a push to get revenue back in the departments with tickets. The officers are not making the tickets up, but they do look more proactively and agressively for more hours of the day to make their supervisors in office happy. The County Sheriff's Departments have not stepped up the enforcement beyond the normal efforts seen before the economic tax problem in my opinion, just the cities and State Troopers following orders to "make the roads safer".


You've got to be kidding brother!???

Why would you eliminate the County Sheriff's Departments from the group?

They're no different than any other agency, albeit they have a penchant to spend more.

I know the HCSO had stepped up it's enforcement efforts along with every other Sheriff's Office I know of personally. they won't admit it publically, but talk to the officers and you get the real story. Of course if the numbers were public, it would once again be hidden behind "traffic safety."

I will say that recently (very recently) they (HCSO) dropped the pitch down a bit, but they're still very "PROACTIVE."

All of the agencies have stepped up thier enforcement efforts to raise revenue. The Sheriff's Offices are no different. They need $$ to survive just like the cities and state.

Instead of learning to adjust and live within a budget, they'd rather whine and start getting chicken chit with the tickets. It embarrases me at times, to have been associated with them:nonod:

I'm sorry man, but as a retired motor cop, I feel it's necessary to have standards and not hide behind "traffic safety" as an excuse to raise $$$.

Our minimum standard was 12 over and that was in residential areas, excluding school and active construction zones of course, and we still wrote on average, 20-30 citations per day per officer. There's no reason other than $$$ to lower the limit to 6-8 over:thumbsdown:

The only time I've EVER written something that piss poor was in a school zone and then, generally you had to piss me off to get me to do it:D

If we were sent to a residential area on citizen complaints and happen to nail the "citizen" that "complained" (that's happened more than once), then yes, they got the BS ticket too:thumbsup:

Now don't get me wrong. I'm not anti-law enforcement and I certainly don't have any use for street racers and people that do inherrently stupid chit on the street:thumbsdown:

But an 8 mile an hour ticket? Come on....!!

There's no traffic safety there. You'd hardly notice the difference in the an impact. It's all about the benjamins:nonod:

What burns me up the most, other than turning cops into revenue agents, is the way the administration trys to BS the public into believing it's for our own good:eek::thumbsdown:
 
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