Florida Statute 316.183 – Unlawful Speed

Florida Statute 316.183 is the foundation of Florida’s speeding laws. It sets out the rules for unlawful speed, explaining when a driver is in violation even if not exceeding the posted limit. While most violations under this statute are treated as civil traffic infractions, extreme speeding may be prosecuted under Florida’s super speeder law or as reckless driving. Understanding how 316.183 works is essential for any driver facing a traffic citation.

What Florida Statute 316.183 Covers

The statute states that a person may not drive at a speed greater than is reasonable and prudent under the conditions, and in no case may a driver exceed the posted speed limit. Even driving below the speed limit may be considered unlawful if conditions require slower speeds for safety. This makes the statute broad, giving law enforcement officers discretion in citing drivers for speed-related violations.

When Unlawful Speed Becomes More Serious

Most violations of 316.183 result in a civil traffic infraction that can be resolved by paying a civil penalty or electing a basic driver improvement course. However, when the violation occurred at speeds 30 mph or more over the posted limit, Florida Statute 318.19 requires a mandatory court hearing. Speeds 50 mph or more above the limit fall under Florida Statute 316.1926(2) and 318.14(13), triggering mandatory fines and possible license suspension. These high-speed cases are often classified as part of Florida’s super speeder law.

Penalties for Violating 316.183

Penalties depend on the speed involved and the circumstances:

• Civil penalty and court costs for basic infractions
  
• Point assessment on the driver license under Florida Statute 322.27
  
• Requirement to attend a basic driver improvement course or other driving school
  
• Mandatory court appearance for 30 mph or more over the limit
  
• Additional fines if the violation occurred in a school zone or near a school bus
  
• License suspension for repeat violations or excessive points
  

A first-time unlawful speed citation may seem minor, but multiple violations on a driver’s record quickly add up and can result in suspension.

Court Process for Unlawful Speed

If you are cited under 316.183, the uniform traffic citation will be filed with the clerk’s office. You must respond within the timeframe listed on the issue date of the citation. Options include paying the fine, electing traffic school, or requesting a court hearing. If the violation occurred at higher speeds, the clerk’s office will assign a mandatory court date. At the court hearing, a judge or hearing officer will review the original citation, listen to the law enforcement officer, and consider any evidence you submit. The court imposes fines, court costs, and any additional penalties required.

Compliance and Proof

Some cases may be resolved by submitting proof of compliance. For example, if you were cited for improper or unsafe equipment in connection with an unlawful speed violation, you may fix the equipment and provide proof to the clerk’s office. The judge may then reduce the penalty or charge a dismissal fee. Compliance must be documented properly and submitted by the deadline to avoid additional fines or suspension.

Why Legal Representation Matters

Although unlawful speed is often treated as a civil infraction, it can escalate quickly. Drivers cited for dangerous excessive speeding or reckless driving face mandatory court hearings, higher fines, and criminal records. Attorney David A. Haenel, who leads SuperSpeederLawyer.com, is the former chair of the Florida Bar Traffic Court Rules Committee and has handled thousands of traffic cases in Florida. As part of The Law Place, our attorneys represent drivers in unlawful speed cases, challenge calibration records, cross-examine officers, and fight for dismissals or reduced penalties.

FAQs

What is Florida Statute 316.183

It is the statute that defines unlawful speed, making it illegal to drive faster than is reasonable and prudent under the conditions or faster than the posted speed limit.

What are the penalties for unlawful speed in Florida

Penalties include civil fines, points on a driver license, mandatory driving school for some violations, and higher fines for school zone or school bus violations. Repeat violations may result in license suspension.

When is a court hearing required for unlawful speed

A court hearing is mandatory if the violation involved driving 30 mph or more over the speed limit. These hearings cannot be waived and require attendance before a judge or hearing officer.

Is unlawful speed part of the super speeder law

Yes. When speeds are 50 mph or more over the limit, unlawful speed violations are prosecuted under Florida’s super speeder law with mandatory fines and harsher penalties.

Do I need a lawyer for an unlawful speed case

While minor infractions may be handled without representation, a lawyer is strongly recommended if you face a mandatory court hearing or if your case involves extreme speeding. A lawyer can help protect your driving privileges and reduce penalties.

Call for a Free Consultation

If you have been cited under Florida Statute 316.183, do not assume it is just a minor traffic ticket. Contact SuperSpeederLawyer.com for a free consultation. Led by attorney David A. Haenel and supported by The Law Place, our lawyers will review your traffic case, explain your options, and fight to protect your driver license and your future.