Speeding or tailgating in Florida is not only against the law, but both actions could result in serious injuries that affect your long-term health. Additionally, if you cause an accident while speeding or tailgating, you could see your insurance rates rise, and if anyone got hurt, you could face misdemeanor or felony charges.
Operating a motor vehicle is safe when everyone on the road follows the law. Unfortunately, many drivers do not adhere to all posted roadway signage. Before you speed or tailgate, you must understand the consequences your actions could have and what laws you may be breaking. If you are a victim of this type of accident, a car accident lawyer can help you hold a negligent driver repsonsible.
What Is Speeding?
Speeding is when you drive at a speed above the posted speed limit. However, according to the Florida Legislature, the actual definition of speeding in the state is a bit more complicated than that. The first section of the law states that drivers should not drive “at a speed greater than is reasonable and prudent under the conditions and having regard to the actual potential hazards then existing.”
What is reasonable and prudent? That is open to interpretation. However, if you receive a speeding ticket, the officer likely thought you were going above and beyond what was reasonable and prudent.
Work Zones
Under Florida law, exceeding a work zone’s posted maximum speed limit is illegal. Therefore, going above the speed limit in a work zone will result in a fine double what it would have been in a regular speeding situation.
There is no reasonable and prudent clause for work zones. You are breaking the law if you go above the posted speed limit.
What Are The Consequences Of Speeding in Florida?
Speeding is a non-criminal traffic infraction. However, the fines one could pay for speeding can be expensive. According to Florida law, the fines for speeding are as follows:
- A warning if traveling 1-5 mph over the posted speed limit.
- $25 fine for traveling 6-9 mph over the speed limit.
- $100 fine for traveling 10-14 mph over the speed limit.
- $150 fine for traveling 15-19 mph over the speed limit.
- $175 fine for traveling 20-29 mph over the speed limit.
- $250 fine for traveling 30 mph or greater over the speed limit.
Additionally, if you are speeding in a school, construction, or enhanced penalty zone, you must pay fines double those listed above. Rather than receiving a warning for going 1-5 mph over the speed limit, you will receive a $50 fine if you speed in any of these zones.
Reckless Driving
You could face a reckless driving charge if you go 50 mph or more over the speed limit. Reckless driving can lead to imprisonment and a fine of up to $1,000.
If drugs or alcohol were also present while driving recklessly, you could face even greater punishment.
Points On a Driver’s License
If you speed, you will also receive three points on your license. If you receive 12 points in 12 months, your license will be suspended for 30 days. Eighteen points within 18 months will result in a three-month suspension, and 24 points in 36 months will result in a one-year suspension.
Driving too fast for the conditions will also result in three points on your license. Reckless driving results in four points on your license if you did not break other laws.
What Is Tailgating?
Tailgating is when you follow the car in front of you closer than you should. Florida law states that the vehicle is following “more closely than is reasonable and prudent.”
Weather conditions, the speed limit, and traffic are all considered when determining if tailgating has occurred.
What Are The Consequences Of Tailgating?
Like with speeding, tailgating is a non-criminal traffic infraction. This means that, in most instances, you will receive a fine. However, tailgating or “following too closely,” as it is known in Florida, penalties can vary depending on the situation.
For instance, if you rear-end a car, you could receive a citation for tailgating if authorities determine your tailgating caused the accident.
Accidents
Tailgating can lead to minor or severe accidents. Tailgating does not give the driver who is committing the infraction enough time to safely stop should something unexpected happen. This can create a dangerous situation for everyone on the road.
Car accidents can lead to severe injuries and even death. If you are responsible for an accident because of tailgating and another party is injured or dies, you could face a significant fine or imprisonment.
Best Ways to Avoid Tailgating
The Florida Legislature statute says vehicles should “allow sufficient space” between vehicles. This means you should consider the weather, the speed at which cars travel, and any other roadway intrusions, such as merging or construction.
Do not follow too closely, even if you feel the vehicle in front of you is driving too slowly. If they are traveling at a reasonable speed, you will likely be considered at fault if an accident occurs.
Call The Law Offices of Anidjar & Levine Today for Legal Help in a Speeding or Tailgating Accident
If a police officer pulled you over for speeding or tailgating and you feel you were unfairly punished, our lawyers could review your potential case. We can fight to have points taken off your license, have your fine reduced, and work with you to have your jail sentence reduced or dismissed in the event of a serious infraction.
If you want to better understand the laws and consequences of speeding and tailgating in Florida, our car accident attorneys can explain them to you and discuss the specifics of your situation during a free consultation.
