Speeding is usually a traffic infraction — but in Florida, it can quickly turn into a criminal charge if your speed is high enough or the situation is dangerous. That means court dates, potential jail time, and a permanent criminal record.
Here’s how to tell the difference between a basic citation and a criminal offense — and what to do if you’ve been charged in Fort Lauderdale or anywhere in South Florida.
⚖️ When Does Speeding Become a Crime in Florida?
There are three main situations where speeding can lead to a criminal traffic charge:
Excessive Speed
Driving 50 mph or more over the limit is a criminal offense under Fla. Stat. § 316.1926
First offense: $1,000 fine, potential license suspension
Second offense: $2,500 fine + 1-year license suspension
Third offense: Misdemeanor — up to 1 year in jail
Speeding that involves willful or wanton disregard for safety
Can be charged under Fla. Stat. § 316.192 as a misdemeanor
Penalties include jail, probation, license points, and high fines
Speeding in a Special Zone
School zones, construction zones, or airport areas
While not always criminal, these carry enhanced penalties, and violations are more likely to escalate
🛑 Real Arrest Scenarios in South Florida
You may face criminal charges if:
You’re clocked going 105 mph on I-95
You weave through traffic at high speed, endangering others
You speed through a school zone during active hours
You’re involved in a crash while speeding
Law enforcement agencies in Broward and Miami-Dade take these offenses seriously — especially after a crash, viral dashcam footage, or complaints from other drivers.
🧾 Criminal Speeding vs. Civil Speeding
| Feature | Civil Speeding | Criminal Speeding |
|---|---|---|
| Handled by | Clerk of Court | Criminal division / State Attorney |
| Consequences | Fines, points, driving school | Jail, probation, permanent record |
| Court appearance | Not required | Mandatory |
| License impact | Points on license | Suspension possible |
| Record impact | No criminal record | Criminal misdemeanor record |
🛡️ Legal Defenses to Criminal Speeding
At Michael White, P.A., we defend against criminal traffic charges using strategies like:
Challenging radar/LIDAR calibration or operator certification
Questioning officer’s observations or dashcam interpretation
Proving lack of intent or emergency justification
Negotiating charge reductions to civil infractions or reckless driving diversion
Many first-time offenders are eligible for withhold of adjudication, which may avoid a conviction entirely.
📍 Arrested for Speeding in Fort Lauderdale?
Don’t assume it’s “just a traffic case.” A criminal speeding charge can:
Affect your job or professional license
Spike your insurance rates
Trigger license suspension
Lead to jail or probation
We help South Florida drivers protect their record and avoid unnecessary penalties.
📞 Call today for a free case review.
🙋♂️ Frequently Asked Questions
❓ Is speeding 30 over the limit a criminal offense in Florida?
Not usually — but once you hit 50+ over, it becomes a criminal traffic violation.
❓ Can I go to jail for speeding in Florida?
Yes — especially if it’s charged as reckless driving or 50+ mph over the limit.
❓ Will this go on my criminal record?
If it’s charged as a misdemeanor and not reduced, yes — unless you receive a withhold of adjudication.
❓ Can I seal or expunge a criminal speeding charge?
Possibly — if adjudication is withheld and you meet other eligibility criteria.
❓ Do I need a lawyer for a speeding charge?
Yes — especially if it’s criminal. A lawyer can fight for reductions, dismissal, or record protection.