What Are the Penalties for a First Offense Under 316.1922?

Understanding Florida Statute 316.1922

Florida Statute 316.1922 is one of the newest laws aimed at curbing dangerous excessive speeding. This law is specifically defined in Florida Statutes § 316.1922. It was enacted through a house bill that took effect on July 1, 2025. The statute, known as Florida’s new Super Speeder law, makes certain high speed violations—referred to as Super Speeder offenses—a new criminal offense.

Under this new statute, going 50 miles per hour or more above the posted speed limit is no longer just a traffic ticket. Violations under this law are now considered a crime, not merely a civil infraction. Instead, it carries criminal penalties that can include jail time, fines, license revocation, and a permanent mark on a person’s record.

Why Florida Created This New Law

Florida’s Legislature passed the new florida law after years of rising high speed violations on interstates and city streets. The Florida Highway Patrol reported that extreme speeding led to more crashes, more bodily injury, and more property damage than ordinary traffic infractions. Lawmakers argued that existing infractions and citations were not enough to protect public safety. The new law was enacted to hold florida drivers accountable in a stronger manner. The law was specifically designed to protect persons from the dangers posed by extreme speeding.

What Counts as a First Offense

A first offense under statute 316.1922 applies when a driver is caught driving 50 miles per hour or more above the limit and does not have a prior conviction under the same statute. It does not matter whether the driver has past citations for lesser speeding infractions. What matters is whether this is the person’s first conviction under the dangerous excessive speeding law.

The Penalties for a First Offense

So, what are the penalties for a first offense under 316.1922? A person convicted of dangerous excessive speeding under the new statute faces:

• A mandatory court appearance before a judge.
• A fine that can reach several thousand dollars.
• A possible sentence of up to 30 days in jail.
• Points assessed on the driver’s license.
• Driver’s license revocation.
• A criminal conviction that becomes part of the person’s driving record and criminal record.

Law enforcement will issue a notice to appear in court for those charged under this statute.

The court has discretion to impose these penalties based on the manner of driving, the circumstances of the violation, and the conduct of the driver at the traffic stop.

Mandatory Court Appearance

One of the most important details of this new statute is the requirement for a mandatory court appearance. A driver cannot simply pay a citation in the mail. The law requires the driver to appear before a judge who will review the facts, listen to the officers, and determine the penalties. This process makes it clear that the state treats the offense as more than just a ticket.

Jail Time and Imprisonment Possibilities

For a first offense, the maximum imprisonment is 30 days in jail. While not every driver will receive a jail sentence, judges have authority to order 30 days in jail when the conduct shows willful or wanton disregard for safety. A person convicted may also face probation or community services in addition to jail.

License Revocation and Suspension

Another major penalty is license revocation. A first offense can result in a temporary suspension of driving privileges. If there is a second or subsequent conviction within five years, the driver may face full license revocation. Losing a driver’s license interferes with employment, education, and family responsibilities, making this one of the harshest consequences of the statute.

Fines and Financial Penalties

The financial penalties under 316.1922 are steep. Courts can impose fines of several thousand dollars along with additional court costs. These fines are much higher than those for ordinary traffic infractions. A first conviction also often raises insurance rates for years, costing florida drivers thousands more over time.

How Officers Enforce the Statute

Florida Highway Patrol officers, along with local police officers, use radar guns, laser detection, and aircraft surveillance to enforce the statute. Officers are trained to document the manner of driving, gather evidence, and issue citations that trigger mandatory court appearances. Police reports become critical in court hearings when judges determine whether the driver is guilty of the new criminal offense.

The Role of Criminal Defense

Because 316.1922 creates a new criminal offense, anyone charged under this statute should seek criminal defense. Criminal defense lawyers can challenge the conduct of officers, question the accuracy of radar readings, and argue that the driver’s manner of driving did not amount to willful or wanton disregard for safety. A strong defense can sometimes reduce the penalties or even avoid a criminal conviction.

The Difference Between Infractions and the New Law

In the past, even extreme speeding was treated as just a traffic ticket. Drivers could pay a fine, attend traffic school, and move on. Under the new florida law, certain high speed violations are criminal offenses. The difference between infractions and the new statute is the difference between paying a citation and facing criminal charges that carry jail time.

Second or Subsequent Convictions

The penalties for a second or subsequent offense under 316.1922 are far harsher. A subsequent offense within five years can result in license revocation, up to 90 days in jail, and even greater fines. The statute was written to escalate the punishment for repeat offenders who continue to commit dangerous excessive speeding.

Long-Term Criminal Consequences

The criminal consequences of a conviction under 316.1922 extend far beyond the courtroom. A criminal record for extreme speeding can harm employment opportunities, professional licensing, and even housing applications. Florida drivers must understand that this is not just a ticket—it is a criminal charge with lasting effects.

Reckless Driving Comparisons

Some drivers ask whether the statute is similar to reckless driving. While reckless driving under Florida law requires proof of willful or wanton disregard for safety, dangerous excessive speeding is treated as a new criminal offense that does not require proof of intent. That means a person convicted under 316.1922 faces penalties even if the state cannot prove reckless intent.

Free Consultation for Drivers Facing 316.1922 Charges

If you are facing charges under 316.1922, you do not have to face them alone. Our law firm provides criminal defense services to florida drivers across the state. We understand the details of the new statute, the manner in which it is enforced, and the defenses that can protect your record. Call today for a free consultation to discuss your case and learn how to protect your driver’s license and your future.