Jail time for speeding?

My friend got pulled over the other night doing a moderate acceleration in his plaid from a light, 0-60 only. 45mph speed limit zone. 1130 at night, no other cars around.
Got pulled over, officer was really cool, car car.
Although he had no radar, He claimed the new law would have allowed him to impound his car for "exhibition of acceleration"
Told him to be careful and let him go.

IMO that seems a bit excessive if that's true. There wasn't even another car to race.
would like more info

 

Uh-oh.

 

Some states make 21 mph over a criminal offense. Florida's highways are generally 70MPH, so 100+ means 31 mph over the speed limit in those cases. 50+ over would really only apply in areas where the speed limit is 50mph or less, otherwise you'd trip the 100MPH threshold instead.

Interestingly, I've noticed a subtle uptick in the average speed on I75 in my neck of the woods, seems the 100mph/50mph over limit is the one that folks now consider pertinent.

Fines and jail time, yep, distinctly possible. Get a judge with a hard on for speeders, or guys with high end cars, and you could get jammed up. Of course it's still 100% within the purview of the officer to write you for a lesser offense, after all writing a criminal ticket means HE has to appear in court as well as you, and I have yet to meet a cop who really enjoys that. So if you're pulled over, be unfailingly polite, pray you don't have any priors, and cross your fingers you get an excessive speed ticket, and not a 50 over or 100+ mph ticket.

99% of the drivers that I've seen here have no business/ability to go this fast. Florida doesn't do car inspections, so bald tires, faulty brakes, etc, are rampant here. Watched an idiot blow past me in a driving rain yesterday - jack the brakes and then do a 540 degree pirouette across three lanes on the highway before coming to a stop facing in the wrong direction. Saw another one flipped in the median today, same deal, driving rain, too fast for conditions, oops. I was doing 60 on the highway in the heavy rain today and guys driving lifted pickups with zero weight in the back were passing me at 80+ mph. I'm not really troubled by this new law. I'd really like to see Florida add an annual inspection, and maybe more frequent testing for drivers over 80, which we probably have more of than any state in the USA.

D

 

...move to WY.

 

Commonwealth of Virginia has some pretty tough laws on speeding as well....Florida has become "nutz"...as crazy as we saw driving become on old Rt 41 (especially around the drive up ABC stores) once 75 was finished a whole nother level of dumbschittery has evolved. You wanna go "that" kinda of fast? Go to the track

 

Exhibition of acceleration ? that's a thing? Holy cow

 

Many year ago I got busted for racing in TX and was ticketed with exhibition of acceleration.
The funny thing was the car I was driving probably did 0-60 barely under 6secs . I was joking with my friend since we both have plaids, even our "normal"accelerating are much faster than that lol.
So does that mean we can race old cars again with no penalty lol? Joking

I agree peoples driving ethics has declined. I grew up in Texas, and if you were going five over you were a rebel.
If you drive down 95 in Florida now, and you're going 15 over you'll get past like you're 90-year-old grandma. It's ridiculous and unsafe.
But a quick punch with no one around is also worthy of arrest and impounding? That's dumb


Chat GPT:
Florida Statutes (Section 316.191)

Definitions:

Drag race: Two or more vehicles side by side accelerating to outdistance each other.

Stunt driving: Includes burnouts, doughnuts, drifting, wheelies, or any dangerous vehicle activity.

Street takeover: A coordinated blockage of traffic to perform stunts or races.


Prohibitions:

Driving any motor vehicle in a race, drag race, or exhibition of speed/acceleration is illegal.

Includes organizing, participating, filming, or even being a passenger in one of these events.


Penalties:

First violation: First-degree misdemeanor — $500–2,000 fine (or $500–1,000 depending on citation), + 1-year license revocation.

Subsequent violations: More severe — possible felony, higher fines, longer revocation periods (2–4 years).

Spectators: Face non-criminal infractions for knowingly attending.

Question: "what if there's only one car in no spectators?"

Yes — in Florida, even if there’s only one car and no spectators, the law can still apply under the clause for "exhibition of acceleration" or "stunt driving."


---

Florida Statute §316.191 – Key Wording:

> "A person may not drive any motor vehicle… in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration, or for the purpose of making a speed record on any highway, roadway, or parking lot not specifically set aside for such purposes."



– Fla. Stat. §316.191(2)(a)


---

So Even If:

There’s only one driver

No one is watching or filming

It’s not a race or competition


… you can still be charged for an "exhibition of speed or acceleration" or even "reckless driving", especially if:

You’re peeling out, drifting, doing burnouts

Rapidly accelerating from a stop with tire squeal or engine revving

Driving aggressively in a way that calls attention to your car's performance





I still get a kick out of that definition, specifically that it says engine revving tire squeal burnouts etc. Tesla makes no sound, does not break traction, there is no tire smoke or even tire spin.
It does look supernatural accelerating though

 

I lived in Fort Lauderdale in the late 90's. One night I was driving to Palm Beach and I'm not paying much attention to the speed. Seems like everyone was going about the same but there was little traffic.

I look out my right side window and I see a cop in a patrol car right along side of me. I look down at the speedo and it says "95". I look over at the cop and he gestures to me "slow down" with his hand. I reduce to 75 and he takes off like a bat outta hell.

It was then that I realized driving in Florida was a lot different than driving in California.

 

Still that way, you better be at 80MPH or you will get run over.

 

I found that people in Florida have 2 speeds they drive at:

90 MPH
or
9 MPH

There's little in between.

 

I cannot recall the case off the top of my head, but a judge in a mid-western or western state (WY, possibly, as already mentioned) found that high rate of speed was not, prima facie, reckless driving. IIRC, it involved a motorcycle driver doing close to 155mph, maybe? I've posted on it here in the past, and I believe it's still good law. Frankly, I don't know why it hasn't spread, either.

It's ALWAYS the driver that's best able to determine a safe speed to operate at (unless impaired). I've argued previously for a licensing and tag program that, essentially, allows drivers with "super" licenses in "A-rated" cars on "A-rated" roads to drive at unlimited speeds. Imposing restrictions as you go down the spectrum in abilities, equipment and roads. Too complex for clowns to implement and adhere to, though, and it will never happen. But, I can dream.

Unfortunately, legislators are mostly incompetent and/or incapable themselves, and then you have the nanny state(s) and inevitable sob stories and people worried about the possible consequences of what might happen if there's a crash at high rate of speed?! Ask Germany about the Autobahn. It works just fine. Well, worked. Until it got too congested.

That said, there's little lane discipline here, and the drivers are completely self-centered and distracted. Cell phone conversations, kids screaming, radio-tuning or whatever is far more important than safe operation of a motor vehicle and paying attention to the "Left lane is for passing only" rules. How many times do I see a minivan holding up left lane traffic only see them picking their nose (or whatever) instead of moving over to let faster vehicles go by? Too much effort on their part?

CW

 

As a Florida resident I’d appreciate more enforcement in cities, especially in residential neighborhoods.

Are highways are mostly boring and ugly so speeding is needed to maintain concentration. At least, that’s what I told the trooper. He agreed……..as he was handing me the ticket