For commercial drivers, maintaining a clean driving record is crucial. The consequences of a speeding ticket for those with a Commercial Driver's License (CDL) can be severe, impacting their ability to work, their insurance rates, and their overall livelihood. This article will delve into the specifics of Florida statutes related to speeding, the potential penalties, and common defenses. Understanding these aspects is essential for CDL drivers to recognize the importance of contesting a speeding ticket.
Florida Statutes and Legal Definitions
Florida has specific laws governing speeding and traffic violations, which apply universally but carry additional consequences for CDL holders. Florida Statutes § 316.183 outlines the general rules for speed restrictions, emphasizing the need for safe and reasonable driving given the conditions of the road.
Florida Statutes § 316.183 – Unlawful Speed
This statute mandates that no person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. This means that drivers must always adjust their speed according to traffic, weather, visibility, and road conditions.
For CDL holders, the stakes are higher. The Federal Motor Carrier Safety Administration (FMCSA) regulations, which Florida adheres to, impose stringent requirements and penalties for commercial drivers. This is particularly true for serious traffic violations, including speeding 15 miles per hour or more over the posted limit.
Potential Fines, Jail Time, Probation, and Other Consequences
A speeding ticket for a CDL holder can result in a variety of penalties, ranging from fines to severe professional consequences.
Fines
The fines for speeding in Florida can vary based on the speed over the limit and the specific county where the violation occurred. Generally, fines for speeding start at around $150 but can increase significantly for higher speeds. For CDL holders, these fines are just the beginning of the potential consequences.
Jail Time
While jail time for a speeding ticket is rare, it becomes more likely if the violation is severe or if there are additional charges, such as reckless driving. Repeat offenses can also lead to more serious penalties, including possible jail time.
Probation
Probation is another potential consequence, particularly for repeat offenders. Under probation, the driver must comply with specific conditions set by the court, which may include attending traffic school, performing community service, or adhering to strict driving restrictions.
License Suspension or Revocation
For CDL holders, the most significant consequence of a speeding ticket can be the suspension or revocation of their commercial driving license. Florida law mandates that certain traffic violations, including excessive speeding, can result in a temporary suspension of the CDL. Repeat offenses or particularly severe violations can lead to a longer suspension or permanent revocation of the license.
Increased Insurance Rates
A speeding conviction will likely lead to higher insurance premiums. Insurance companies view traffic violations as indicators of risk, and for CDL holders, this can result in substantial increases in commercial vehicle insurance rates. This increase can make it financially burdensome to maintain the necessary insurance for commercial driving.
Employment Consequences
One of the most critical consequences for CDL holders is the impact on their employment. Many trucking companies and commercial driving employers require clean driving records. A speeding ticket can make it difficult to secure or retain employment, as employers may be reluctant to hire or keep drivers with blemished records due to liability concerns.
Common Defenses Against Speeding Charges
Fighting a speeding ticket involves presenting a viable defense that challenges the evidence or the circumstances of the violation.
Questioning the Accuracy of Speed Measurement Devices
One of the most common defenses is to question the accuracy of the speed measurement device used by law enforcement. Radar guns and other speed detection devices must be properly maintained and calibrated regularly. If there is evidence that the device was not functioning correctly or was used improperly, the validity of the speed reading can be challenged.
Contesting the Officer’s Observation
Another defense strategy is to contest the officer’s observation of the alleged speeding violation. This can involve questioning the conditions under which the observation was made, such as poor visibility, heavy traffic, or the officer's vantage point. Demonstrating that the officer may have made a mistake in identifying the speeding vehicle can be an effective defense.
Necessity Defense
In some cases, a necessity defense may be appropriate. This involves arguing that the driver had to exceed the speed limit to avoid a greater danger, such as preventing an accident or responding to a medical emergency. This defense requires strong evidence to show that the speeding was justified under the circumstances.
Calibration and Maintenance Records
Requesting and reviewing the calibration and maintenance records of the speed detection device can provide grounds for a defense. If these records show that the device was not properly maintained or calibrated according to required standards, the accuracy of the speed reading can be challenged.
Procedural Errors
Procedural errors made by the officer or during the issuance of the ticket can also be grounds for dismissal. This can include mistakes on the ticket itself, such as incorrect dates, times, or vehicle information, or failure to follow proper procedures during the traffic stop.
Why It’s Crucial for CDL Holders to Fight Speeding Tickets
Given the severe consequences of a speeding ticket for CDL holders, it is crucial to fight these charges. The potential loss of a CDL, increased insurance rates, and employment challenges make it imperative to mount a strong defense.
Protecting Your Livelihood
For commercial drivers, their CDL is their livelihood. Losing this license, even temporarily, can mean losing income and facing financial difficulties. Fighting a speeding ticket helps protect your ability to work and support yourself and your family.
Maintaining Employment Opportunities
A clean driving record is often a prerequisite for securing and maintaining employment as a commercial driver. Employers look for drivers with safe driving records to minimize liability and ensure safety. Contesting a speeding ticket can prevent a blemish on your record that might limit your job opportunities.
Avoiding Increased Insurance Costs
Insurance companies charge higher premiums for drivers with traffic violations. For CDL holders, the cost of commercial vehicle insurance can become prohibitively expensive after a speeding ticket. Fighting the ticket can help keep insurance costs manageable.
Florida CDL Frequently Asked Questions
What should I do if I receive a speeding ticket with a CDL in Florida?
If you receive a speeding ticket while holding a CDL in Florida, it is important to act quickly. Consult with an experienced traffic attorney who can help you understand your options and build a defense. Avoid admitting guilt or paying the ticket without exploring all legal avenues.
Can a speeding ticket result in the loss of my CDL?
Yes, depending on the severity of the speeding violation and your driving record, a speeding ticket can result in the suspension or revocation of your CDL. Multiple violations, especially serious ones like speeding 15 mph or more over the limit, can lead to losing your commercial driving privileges.
Will my insurance rates go up if I get a speeding ticket with a CDL?
Yes, traffic violations, including speeding tickets, typically result in higher insurance premiums. For commercial drivers, the impact can be even more significant, leading to substantially higher costs for commercial vehicle insurance.
Can I fight a speeding ticket in Florida?
Yes, you can fight a speeding ticket in Florida. There are several defenses available, such as challenging the accuracy of the speed detection device, questioning the officer’s observation, or highlighting procedural errors. An experienced attorney can help you build a strong defense.
How can an attorney help me with a speeding ticket?
An attorney can provide valuable assistance by evaluating the specifics of your case, identifying potential defenses, and representing you in court. They can challenge the evidence against you, negotiate with prosecutors, and work to have the charges reduced or dismissed.
What happens if I ignore a speeding ticket with a CDL in Florida?
Ignoring a speeding ticket can have serious consequences. You may face additional fines, a warrant for your arrest, and the suspension or revocation of your CDL. It is important to address the ticket promptly and seek legal advice.
Call Musca Law For Your Free Consultation – Call Us 24/7/365 at 1-888-484-5057
If you are a CDL holder facing a speeding ticket in Florida, it is crucial to act quickly to protect your driving record and livelihood. Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven track record of successfully defending CDL drivers. We offer free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your career and future by contacting Musca Law, P.A. today for expert legal representation.