ORANGE COUNTY, Fla. – Nearly 10 months after Florida’s “Super Speeder” law took effect, court records reviewed by News 6 show outcomes for accused drivers have ranged from additional jail time and fines to at least one jury acquittal.
Under the state’s dangerous, excessive speeding law, motorists accused of exceeding the posted speed limit by 50 miles per hour or threatening people or property by driving faster than 100 miles per hour can be immediately arrested.
First-time violators convicted of the misdemeanor offense face up to 30 days in jail or a $500 fine. Repeat offenders can face up to 90 days in jail, a $1,000 fine and revoked driving privileges.
Accused ‘Super Speeder’ sentenced to jail
Three weeks after the law took effect on July 1, Seminole County deputies arrested Jose Luis Sermeno Herrera for allegedly driving 120 mph on the 417 expressway near Lake Mary. The posted speed limit is 70 mph.
Sermeno Herrera, 21, pleaded no contest to dangerous excessive speeding in October, court records show.
A judge sentenced Sermeno Herrera to 20 days in the Seminole County jail with credit for the two days he was incarcerated after his arrest, records indicate, with an additional 10 days suspended if he turned himself into the jail on time. He was also issued $586 in court costs and fines.
Sermeno Herrera, who did not respond to a voicemail left by News 6 offering him an opportunity to comment on his plea, could have requested a jury trial.
Jury finds driver ‘not guilty’ of dangerous excessive speeding
Layton Jaynes took his case to a jury and was found “not guilty” of dangerous excessive speeding two months after Orange County deputies handcuffed him and took him to jail, court records show.
Jaynes, 32, was arrested in October after a deputy claimed radar and laser devices detected Jaynes’ Porsche travelling 117 mph on Epcot Center Drive at Walt Disney World.
Jaynes acknowledged speeding but claimed he was only driving about 80 mph as he headed to a work meeting at a Disney area hotel.
Jaynes’ attorney, Ashley Parker, originally planned to argue at trial that the deputy obtained an inaccurate reading of the Porsche’s speed because he bounced the laser off a reflection on the patrol car’s side mirror, a transcript of the trial shows.
But shortly after jurors heard opening statements, Parker convinced the judge to bar any mention of radar and laser evidence because prosecutors did not properly introduce the devices’ calibration records.
Without that evidence, Deputy Andrew Nunez could only testify about seeing Jaynes’ Porsche in his mirror.
“I visually estimated the defendant’s vehicle being 120 miles per hour,” Nunez told the jury.
On cross-examination, Nunez said he observed Jaynes’ Porsche for “a couple seconds”.
A short time later, the jury acquitted Jaynes of dangerous, excessive speeding, records show.
Jaynes declined to comment on this story, and his attorney did not respond to an email from News 6 offering an opportunity to comment.
[WATCH: Olympian sprinter pulled over for ‘super speeding’ in Florida]
Drivers avoid additional jail time with pleas
While “not guilty” verdicts are rare, court records reviewed by News 6 indicate some accused “Super Speeders” have avoided additional jail time after entering into plea agreements with prosecutors.
- A man deputies said was driving 144 mph through Walt Disney World on his motorcycle in October pleaded no contest to dangerous excessive speeding. Court records show a judge sentenced him to 6 months of probation, 50 hours of community service, an 8-hour defensive driving class, and $826 in fines and court costs. The judge withheld adjudication, so a criminal conviction will not appear on his record.
- A driver with a learner’s permit arrested for allegedly driving 119 mph on Florida’s Turnpike in August pleaded no contest to unlawful speed, an infraction, in exchange for prosecutors dropping the misdemeanor charge. A judge ordered him to take an aggressive driving class and issued a $533 fine, records show.
- A motorist arrested on I-4 in July for allegedly driving 135 mph pleaded no contest to reckless driving and was issued $1,056 in fines and court costs, records indicate. A judge withheld adjudication.
- A driver who was allegedly speeding 120 mph on I-4 in July later pleaded no contest to dangerous excessive speeding. Court records show a judge withheld adjudication but ordered him to take an advanced driver improvement course and pay $831 in fines and court costs.
Most ‘Super Speeder’ cases still being prosecuted
Hundreds of drivers statewide have been arrested for dangerous, excessive speeding since the law took effect July 1, but only a fraction of those cases have been resolved.
Jordan Vactor, who was arrested by Orange County deputies in August for allegedly driving 140 mph on the 417 Expressway, is still trying to fight the criminal charge in court.
“I’ve never been arrested in my life, so that was such a scary time for me,” Vactor told News 6. “I didn’t realize the law was that serious.”
Vactor, 43, admits he was speeding that day but denies driving 100 mph or faster.
Vactor claims he recently obtained evidence proving his Mercedes-Benz AMG E53 has a maximum speed of 130 mph.
“(The deputy) said I was doing 140 (mph), and the car isn’t capable of doing that,” Vactor told News 6. “I’m hoping and praying that the judge will be able to see the information I have.”