slaveforthewave
Junior Member
Florida Speeding Ticket
After being cited for speeding doing 70 through a 25MPH toll plaza I did research on the statute number and Florida state fines. Statute 316.183(2) is the statute I was cited against. NHTSA defines this statute as a ‘Basis for speed Law Violation’. This statute simply states what the speed limit laws are on highways and says that on limited access highways the speed limit is 70MPH. Not only was I within threshold for traveling upon such highway according to this statute, it does not define the adjudication of speed law violations. The NHTSA states that statutes 316.187(3), 316.189(4), 316.1895(9), 316.655, 318.13(3) and 318.14(1) are the only statutes related to the adjudication of civil or criminal speeding violations. Being wrongly cited is enough to have a traffic citation overturned, but in addition to this I was cited for $606.00 which seemed like a very steep penalty. I looked on the Lake County Clerk of Court website for traffic infraction penalties which forwarded me to Florida State Statute 318.14(5) stating that “the official may impose a civil penalty not to exceed $500, except that in cases involving unlawful speed in a school zone of involving unlawful speed in a construction zone.” I was in neither such zone.
Unfortunately I had a family emergency and documentation which led me to the hospital on the day of court. I put a letter to the judge in the mail that night requesting a rehearing stating all of these things and my request was denied and I was pointed to statute 318.18 stating "However, no person cited for exceeding the speed limit in any toll collection zone shall be subject to a doubled fine unless the governmental entity or authority controlling the toll collection zone first installs a traffic control device providing warning that speeding fines are doubled." I have photo evidence that there is no sign stating doubled fines anywhere at the toll plaza.
Do I have legal grounds for a rehearing or appeal? I feel like I am being shammed by the government because I had extenuating circumstance that were life or death that I had to attend to.
Thanks,
David
After being cited for speeding doing 70 through a 25MPH toll plaza I did research on the statute number and Florida state fines. Statute 316.183(2) is the statute I was cited against. NHTSA defines this statute as a ‘Basis for speed Law Violation’. This statute simply states what the speed limit laws are on highways and says that on limited access highways the speed limit is 70MPH. Not only was I within threshold for traveling upon such highway according to this statute, it does not define the adjudication of speed law violations. The NHTSA states that statutes 316.187(3), 316.189(4), 316.1895(9), 316.655, 318.13(3) and 318.14(1) are the only statutes related to the adjudication of civil or criminal speeding violations. Being wrongly cited is enough to have a traffic citation overturned, but in addition to this I was cited for $606.00 which seemed like a very steep penalty. I looked on the Lake County Clerk of Court website for traffic infraction penalties which forwarded me to Florida State Statute 318.14(5) stating that “the official may impose a civil penalty not to exceed $500, except that in cases involving unlawful speed in a school zone of involving unlawful speed in a construction zone.” I was in neither such zone.
Unfortunately I had a family emergency and documentation which led me to the hospital on the day of court. I put a letter to the judge in the mail that night requesting a rehearing stating all of these things and my request was denied and I was pointed to statute 318.18 stating "However, no person cited for exceeding the speed limit in any toll collection zone shall be subject to a doubled fine unless the governmental entity or authority controlling the toll collection zone first installs a traffic control device providing warning that speeding fines are doubled." I have photo evidence that there is no sign stating doubled fines anywhere at the toll plaza.
Do I have legal grounds for a rehearing or appeal? I feel like I am being shammed by the government because I had extenuating circumstance that were life or death that I had to attend to.
Thanks,
David
