Can a 50 Over Citation Be Negotiated to a Noncriminal Outcome in Florida?

The Stakes for 50 Over in Florida

Drivers often ask: can a 50 over citation be negotiated to a noncriminal outcome in Florida? The answer depends on the facts of the case, the driver’s history, and the quality of legal representation. A violation for driving 50 miles per hour over the posted speed limit is one of the most serious traffic offenses under florida statute 316.1922. It is considered dangerous excessive speeding and can result in a criminal charge, jail time, and license suspension. Unlike a simple speeding ticket, this type of violation is not just a traffic ticket. It is a serious offense that can carry criminal penalties and even trigger habitual traffic offender status if repeated.

Florida Law and Dangerous Excessive Speeding

Florida law now treats dangerous excessive speeding as more than a civil infraction or a civil traffic infraction. A person cited for driving at an excessive speed faces a mandatory court appearance and the possibility of a criminal offense being added to their record. The law was written to protect highway safety, reduce traffic accidents, and give law enforcement officers stronger tools to discourage reckless driving.

The Role of Law Enforcement Officers

When a law enforcement officer or police officer initiates a traffic stop for 50 mph over the posted limit, they issue a traffic citation that requires the driver to attend court. This is not optional. A mandatory court appearance is listed directly on the citation. The officer’s report, radar or laser evidence, and testimony become central in court hearings.

Criminal Offense vs. Traffic Violation

The critical difference is that dangerous excessive speeding is no longer treated as just a traffic offense or a simple traffic violation. Instead, it can be charged as a criminal offense, especially if the conduct resulted in serious bodily injury, involved a commercial motor vehicle, or showed reckless disregard for safety. For Florida drivers, this means that what once may have been considered a civil traffic infraction now exposes them to jail time, hefty fines, and a permanent criminal record.

Negotiating to a Noncriminal Outcome

Despite the seriousness, there are situations where experienced attorneys can negotiate a 50 over case to a noncriminal outcome. This can include:

• Reducing the charge to a civil traffic infraction.
• Securing a plea bargain for reckless driving instead of a felony speeding conviction.
• Avoiding jail time in exchange for probation, community service, or traffic school.
• Arguing that certain traffic offenses do not meet the legal threshold for criminal charges.

Each negotiation depends on the facts, the evidence, and the willingness of the court to consider reasonable doubt.

The Importance of Legal Representation

Seeking legal representation is essential in these cases. An experienced criminal defense lawyer or skilled attorney can review police reports, challenge radar evidence, and raise defenses at trial. Without counsel, the legal consequences can include driver’s license suspension, criminal traffic charges, and higher insurance rates that last for years.

David Haenel and The Law Place Advantage

At SuperSpeederLawyer.com, a resource operated by The Law Place and spearheaded by attorney David Haenel, florida drivers have access to one of the most knowledgeable traffic defense teams in the state. David Haenel is the former chairman of the Florida Bar Traffic Court Rules Committee and has built a career defending clients against serious traffic offenses. His law firm combines decades of experience with a deep understanding of florida statutes and highway safety and motor regulations. This expertise gives drivers the best chance of negotiating a noncriminal outcome.

Legal Consequences of a Conviction

If negotiations fail and a person is convicted, the legal consequences are severe. A conviction for dangerous excessive speeding can result in:

• Jail time of up to 30 days for a first offense and longer for subsequent offenses.
• License suspension or even license revocation for repeat violations.
• Hefty fines and court costs.
• A permanent criminal record that affects employment, vehicle insurance, and future driving privileges. Additionally, a conviction will negatively impact your driving records, which can further harm employment opportunities and increase insurance premiums.

License Suspension and Driving Privileges

A driver’s license suspension is one of the most immediate outcomes of a conviction, directly affecting your ability to legally drive. If your driver’s license is suspended, it is illegal to operate a motor vehicle in Florida. Habitual traffic offender status can result in having your license suspended or revoked for up to five years. This means multiple speeding tickets or subsequent offenses for excessive speed can quickly add up to devastating consequences.

Habitual Traffic Offender Classification

Florida law takes a strict stance against repeat traffic offenders, and the habitual traffic offender (HTO) classification is one of the most severe designations a driver can face. An HTO classification is assigned when a driver accumulates three or more convictions for certain serious traffic offenses—such as reckless driving, driving with a suspended or revoked license, or vehicular manslaughter—within a five-year period. Additionally, if a driver receives 15 convictions for moving traffic offenses, including speeding tickets, within five years, they can also be labeled as an HTO.

The consequences of being classified as a habitual traffic offender are significant. The most immediate penalty is a license suspension that can last up to five years, making it illegal to operate a motor vehicle during that time. Beyond the loss of driving privileges, HTO status often leads to hefty fines, increased insurance rates, and even the possibility of jail time for certain traffic offenses. Because the HTO classification is based on a driver’s record, even seemingly minor violations can add up to serious consequences. Understanding how traffic offenses impact your driving record is essential to avoid the long-term repercussions of HTO status.

Felony Speeding and Its Consequences

Felony speeding is one of the most serious traffic offenses under Florida law, carrying consequences that extend far beyond a typical speeding ticket. A driver can face felony speeding charges if they are caught driving 50 miles per hour or more over the posted speed limit, or if their excessive speed results in serious bodily injury or death. Felony charges may also arise from reckless driving behaviors, such as racing or attempting to flee from a law enforcement officer.

The legal consequences for felony speeding are severe. Conviction can result in jail time, substantial fines, and a permanent criminal record that can impact employment opportunities and personal reputation. License suspension is a common penalty, and drivers may also face increased insurance rates for years following a speeding conviction. Because felony speeding is treated as a criminal offense, the legal process is complex and the stakes are high. It is crucial for anyone facing such charges to seek legal representation from experienced criminal defense attorneys who understand Florida’s traffic laws and can develop effective legal strategies. With the right criminal defense, it may be possible to reduce the severity of the consequences and protect your driving privileges.

Florida Statutes and Applicable Civil Penalty

Florida statutes also impose an applicable civil penalty in addition to criminal penalties. This means that even if a driver avoids jail time, they may still owe thousands in fines. The law was designed to impose much harsher penalties on extreme speeders to reinforce the seriousness of these offenses.

Traffic Court and Plea Bargains

In traffic court, negotiations often focus on plea bargains. A plea bargain may reduce a reckless driving charge to a lesser moving violation or downgrade a criminal offense to a civil traffic infraction. Judges and prosecutors weigh factors such as prior convictions, the driver’s record, and whether the violation caused bodily injury to other vehicles or passengers.

The Role of the Florida Department of Highway Safety and Motor Vehicles

The Florida Department of Highway Safety and Motor Vehicles oversees license suspensions and revocations after convictions. When a driver’s license suspension or revocation is entered, it becomes part of the driver’s record. This information is shared with insurance companies, employers, and sometimes government agencies, creating long-term impacts.

Insurance Rates and Financial Impact

Insurance rates almost always increase after a speeding conviction. Vehicle insurance providers view excessive speed convictions as serious traffic violations, often raising premiums for three to five years. For drivers with multiple speeding tickets or a second or subsequent offense, these costs can be financially crippling.

Legal Strategies and Potential Defenses

Legal strategies for negotiating a noncriminal outcome include showing that the radar reading was inaccurate, proving that the posted limit was improperly marked, or arguing that the person cited was not the driver. Experienced attorneys may also raise defenses related to the conduct of law enforcement, chain of custody for evidence, or inconsistencies in witness testimony.

The Risk of Criminal Traffic Charges

Criminal traffic charges are more serious than civil infractions. A reckless driving charge, third degree felony, or felony speeding case can bring imprisonment and permanent criminal records. In some cases, prosecutors file criminal charges even when no accident occurred, simply because the excessive speed itself poses a risk to highway safety.

Why Negotiation Is Often Possible

Despite the severity, courts recognize that not every driver cited for 50 mph over deserves a felony record. Negotiation is possible because florida law allows plea agreements. By showing mitigating factors, demonstrating a clean driving record, or presenting evidence that casts doubt on the citation, attorneys can often secure reduced outcomes.

The Role Trusted Law Firms

At SuperSpeederLawyer.com, The Law Place emphasizes credibility and transparency. With David Haenel leading the team, clients receive representation from attorneys who not only know the traffic law but also shape it. His experience as a law enforcement prosecutor and as chair of the Bar’s traffic rules committee gives him unmatched insight into how florida statute 316.1922 is applied. This depth of knowledge is why florida drivers trust the firm for serious traffic offenses.

Free Consultation for 50 Over Citations

If you are facing a citation indicating dangerous excessive speeding, you should not wait. Contacting a law firm early allows attorneys to review the citation, challenge evidence, and begin negotiations. SuperSpeederLawyer.com and The Law Place offer a free consultation to explain your rights, discuss legal strategies, and protect your driving privileges.

Negotiation Is Possible, But Not Guaranteed

So, can a 50 over citation be negotiated to a noncriminal outcome in Florida? Yes, but only with the right defense. Every case is different, but with legal counsel from experienced criminal defense attorneys like David Haenel and his team at The Law Place, many drivers avoid the worst penalties. Negotiation requires skill, a careful review of florida law, and the ability to present reasonable doubt in traffic court. For drivers facing this charge, seeking legal representation is the best step toward a safer, more manageable outcome.