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  1. #1

    Default Speeding as a Civil Infraction vs. Criminal Offense

    My question involves a traffic ticket from the state of: Florida

    I was recently pulled over on the interstate for speeding. I was clocked at 102 in a 70. However when the officer wrote the ticket, he indicated that I violated Florida statute 316.187 (2a) for speeding on the interstate. However, he indicated that this was a criminal infraction. To the best of my knowledge, violation of statute chapter 316 is punishable only with a moving violation. There were no other indicators on the ticket and I was not charged with reckless driving. So my question is: on the ticket is a criminal infraction different from a moving violation and if so, could I fight the ticket based on that technicality?

    - - - Updated - - -

    Also the statute for reckless driving is 316.192

  2. #2
    Join Date
    Feb 2010
    CT & IL

    Default Re: Statute Issues

    316.187 Establishment of state speed zones.

    (1) Whenever the Department of Transportation determines, upon the basis of an engineering and traffic investigation, that any speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of a highway outside of a municipality or upon any state roads, connecting links or extensions thereof within a municipality, the Department of Transportation may determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at the intersection or other place or part of the highway.

    (2)(a) The maximum allowable speed limit on limited access highways is 70 miles per hour....

    You have a speeding ticket ... going over 30 MPH is generally reckless .. but if it is not on the ticket then you have not been given proper notice. Once the trial starts, its too late to amend. So, if you fight the ticket & its not amended, then you have a viable motion to dismiss that charge for lack of jurisdiction ... if they start to plead that you were reckless.

    You may wish a lawyer on this one to insure your rights are not violated ....

  3. #3
    Join Date
    Mar 2009
    LA LA Land

    Default Re: Statute Issues

    Quote Quoting floridadriver
    View Post
    Also the statute for reckless driving is 316.192
    OK, so reckless driving is not punishable as a moving violation, it can be a criminal offense. Right?

    And if reckless driving under 316.192, being a criminal offense punishable by imprisonment in some cases, is part of Chapter 316, this would imply that the following:

    Quote Quoting floridadriver
    View Post
    To the best of my knowledge, violation of statute chapter 316 is punishable only with a moving violation.
    Is incorrect!

    Now, with that being said, I can see that 316.187(3) states that: "Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318." But that doesn't mean there is reason to justify a dismissal. The reason the officer marked it as a criminal violation is likely the same or a related reason why it requires a mandatory hearing pursuant to:

    318.19 Infractions requiring a mandatory hearing.
    —Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing:
    (1) Any infraction which results in a crash that causes the death of another;
    (2) Any infraction which results in a crash that causes “serious bodily injury” of another as defined in s. 316.1933(1);
    (3) Any infraction of s. 316.172(1)(b);
    (4) Any infraction of s. 316.520(1) or (2); or
    (5) Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 m.p.h. or more.

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