Dangerous excessive speeding under Fla. Stat. § 316.1922, the super speeder law, is a criminal charge. In our practice in Miami-Dade County court, the State Attorney’s Office is not offering pretrial diversion on these charges, and the plea on offer is a no contest plea with a withhold of adjudication. Florida generally treats a withhold as no conviction. Federal immigration law treats it as a conviction. For a client who is not a U.S. citizen, that one plea can be the second misdemeanor that ends Temporary Protected Status, weigh against a DACA renewal, and hold up a citizenship application.
No Diversion on This Charge in Miami-Dade
The State Attorney’s Office runs Miami-Dade’s pretrial diversion program, and no one gets in without the office’s consent. Our Miami-Dade diversion programs guide explains how the programs work. On super speeder charges in Miami-Dade County court, the office is not consenting to diversion in our practice. That leaves a plea, a trial, or a dismissal or reduction negotiated on the facts, and the plea on offer comes with a withhold.
Diversion is also not automatically safe for immigration. Under Matter of Mohamed, 27 I&N Dec. 92 (BIA 2017), a diversion agreement can itself be a conviction when the person admits the facts and a judge orders conditions such as supervision, community service, or fees. A program that drops the charge without a plea or admission stays outside the definition.
What a Withhold Means in Florida and in Immigration Law
When a Florida judge withholds adjudication, the judge accepts the plea but does not enter a formal judgment of guilt. On a misdemeanor the judge may add probation and orders court costs, and a fine is common. Florida generally treats the result as no conviction, and the case can later be eligible for sealing.
Federal law defines conviction differently. Under 8 U.S.C. § 1101(a)(48)(A), when adjudication is withheld, there is still a conviction if a judge or jury found the person guilty, or the person pleaded guilty or no contest or admitted enough facts, and the judge ordered “some form of punishment, penalty, or restraint on the alien’s liberty.” Probation is a restraint on liberty. Under Matter of Cabrera, 24 I&N Dec. 459 (BIA 2008), a Miami case, a no contest plea with a Florida withhold and court costs is a conviction, because the costs and surcharges alone are a penalty. Sealing the record later does not change that.
Florida’s plea rule warns of this. Under Fla. R. Crim. P. 3.172(c)(8), the judge tells every defendant that a plea may change immigration status, including deportation, “regardless of whether adjudication of guilt has been withheld.” Read our guide to the immigration consequences of a plea in Florida for the full rule.
Who This Conviction Hurts
We are representing a client right now whose citizenship is at stake over a super speeder charge. A dangerous excessive speeding conviction carries at most 30 days on a first offense and 90 days on a second. It is not an aggravated felony, and we know of no decision treating it as a crime involving moral turpitude, so by itself it is not a ground for deportation. The damage comes from what it adds to a person’s record:
- Temporary Protected Status. Under 8 C.F.R. § 244.4, a person convicted of any felony or two or more misdemeanors is ineligible for TPS. A super speeder withhold is one misdemeanor conviction. Combined with one other misdemeanor conviction, it ends eligibility.
- DACA. Under 8 C.F.R. § 236.22(b)(6), three or more misdemeanor convictions bar DACA. Offenses committed on one date, or arising from a single act or scheme, count as one, and older DHS guidance left minor traffic offenses out of the count. No decision says whether a criminal super speeder charge is a minor traffic offense, so whether it counts is unsettled, and USCIS can weigh it in deciding whether to renew either way.
- Citizenship. Under 8 C.F.R. § 316.10(c)(1), a naturalization application “will not be approved until after the probation” is completed. If probation is still running when the application would otherwise be approved, approval waits until it ends, and the conviction is part of the good moral character review.
- Green cards and other applications. The conviction is on the record that officers review for adjustment of status and any discretionary relief, and it can be weighed against the applicant.
How These Cases End
News 6 in Orlando reported on April 27, 2026 how super speeder cases were resolving in Central Florida:
- A no contest plea to dangerous excessive speeding with adjudication withheld, six months of probation, 50 hours of community service, an 8-hour defensive driving class, and $826 in fines and costs.
- A no contest plea with adjudication withheld, an advanced driver improvement course, and $831.
- A no contest plea to reckless driving with adjudication withheld and $1,056 in fines and costs.
- A no contest plea in Seminole County with a sentence of 20 days in jail.
- A Turnpike driver who pleaded to unlawful speed, a noncriminal infraction, after prosecutors dropped the criminal charge.
- An Orange County driver acquitted by a jury after the judge barred the radar and laser evidence because prosecutors did not properly introduce the calibration records.
For a non-citizen, those outcomes are not equal. A dismissal or an acquittal leaves no conviction. A plea to a noncriminal infraction leaves no criminal conviction: Florida law says a noncriminal violation “does not constitute a crime,” and under Matter of Eslamizar, 23 I&N Dec. 684 (BIA 2004), an immigration conviction requires a criminal proceeding. A reduction to reckless driving with a withhold is still a conviction, and reckless driving requires “willful or wanton disregard” for safety and carries up to 90 days on a first conviction, so it is not a safer plea for immigration than the original charge. Speed measurement, the calibration and certification of the radar or laser, and the officer’s observations decide many of these cases.
Before You Plead
- Do not enter a plea at your first court date without knowing how it will be treated under immigration law.
- Tell your criminal defense lawyer your immigration status and every prior arrest, and have the plea reviewed by an immigration attorney.
- Ask the court for time. If you have not discussed the deportation consequences with your lawyer, Rule 3.172 requires the court, on request, to allow a reasonable amount of time to consider the plea.
- Appear at every court date. A missed date on a criminal charge creates a second problem.
See our post on the super speeder law and its penalties for the charge itself.
Sources: chapter 2025-77, Laws of Florida, creating § 316.1922; 8 U.S.C. § 1101(a)(48)(A); Matter of Cabrera, 24 I&N Dec. 459 (BIA 2008); News 6, April 27, 2026.
Quick Answers
Is dangerous excessive speeding a crime in Florida?
Yes. Fla. Stat. § 316.1922 makes it a criminal offense to drive 50 mph or more over the posted limit, or 100 mph or more in a manner that threatens the safety of other persons or property or interferes with the operation of any vehicle. A first conviction carries up to 30 days in jail, a $500 fine, or both, plus court costs.
Does Miami-Dade offer diversion for a super speeder charge?
In our practice in Miami-Dade County court, the State Attorney’s Office is not offering pretrial diversion on these charges. The office runs the diversion program, and its consent is required for admission.
What is a withhold of adjudication?
A Florida sentencing option in which the judge accepts a plea or finding of guilt but does not enter a formal judgment of guilt. Court costs follow, and a fine is common, and on a misdemeanor the judge may add probation. Florida generally treats it as no conviction.
Does a withhold of adjudication count as a conviction for immigration purposes?
Yes, when a judge or jury found the person guilty, or the person pleaded guilty or no contest or admitted enough facts, and the judge ordered some punishment, penalty, or restraint on liberty, under 8 U.S.C. § 1101(a)(48)(A). Probation is a restraint on liberty, and the Board of Immigration Appeals held in Matter of Cabrera that court costs and surcharges alone are a penalty.
Can a super speeder conviction get me deported?
Standing alone, it is not an aggravated felony, and we know of no decision treating it as a crime involving moral turpitude. Its effect is on status and applications: it can be one of the two misdemeanor convictions that bar TPS, it may count toward DACA’s three-misdemeanor limit, and a citizenship application cannot be approved until any probation is finished.
Can a speeding plea affect a green card or citizenship application?
Yes. The conviction is part of the record officers review for adjustment of status, discretionary relief, and the good moral character requirement for naturalization, and under 8 C.F.R. § 316.10(c)(1) a naturalization application will not be approved until probation is completed. An immigration attorney should review the plea before it is entered.
How can a super speeder case end without a conviction?
A dismissal, an acquittal, or a plea to a noncriminal infraction after the criminal charge is dropped. A reduction to reckless driving with a withhold is still a conviction.
What defenses apply to a super speeder charge?
The case depends on how the speed was measured. Defense counsel looks at the calibration and certification of the radar or laser, the officer’s training, and the conditions of the stop. In one Orange County case, the judge barred the radar and laser evidence because prosecutors did not properly introduce the calibration records, and the jury acquitted.
Do I have to go to court for a super speeder charge?
Yes. The citation requires a court appearance in the county where the stop occurred, and the charge cannot be resolved by paying a fine. The court can excuse attendance at a misdemeanor proceeding when the defendant asks.
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