Summary of State Speed Laws - NHTSA
Summary of State Speed Laws - NHTSA Summary of State Speed Laws - NHTSA
Adjudication of Speed Law Violations: Civil/Criminal Adjudication of Violation: Except as noted, speed law violations are Civil infractions. §§257.627(10), 257.628(6), 257.629(6) and 257.629b(2) Other: Misdemeanor offenses: (1) Exceeding the speed limit in a school zone or (2) driving a school bus in excess of 55 mph limit on a limited access highway or freeway. §§257.627a, 257.627b and 257.901 Sanctions Following an Adjudication of a Speed Law Violation: Criminal Sanctions: Imprisonment: Term (Day, Month, Years, Etc.): Civil infraction-N/A Misdemeanor — not more than 90 days. §257.901 Mandatory Minimum Term: None Fine: Amount ($ Range): Civil infraction: Only a fine is imposed for a Civil infraction. The actual fine that is to be imposed on an offender is determined by a fine schedule that is established by each district or municipal court. However, a person who is operating a commercial motor vehicle at the time of the offense is subject to a civil infraction fine of not more than $250. §§257.907(3) and (7) and 600.8827(5) Misdemeanor: Not more than $100. §257.901 Mandatory Min. Fine ($): Civil infraction: A mandatory fine is imposed for speedingrelated to exceeding the maximum speed limit on a highway or freeway. 232 Note: Mandatory minimum fines could be established by the courts via the fine schedule. Other Penalties: Traffic School: A person may be required to attend a traffic education program. §257.907(5) Other: Costs between $5 and $100 are assessed for speeding while operating a commercial motor vehicle. §257.907(4) Licensing Action: Type of Licensing Action (Susp/Rev): Suspension via a point system. 233 §§257.320(1)(d) and 232 The following mandatory fines apply to persons who exceed the speed limit on highways or freeways with a maximum speed limit ≥55 mph: 1 to 5 mph over the limit — $10; 6 to 10 mph over the limit — $20; 11 to 15 mph over the limit — $30; 16 to 25 mph over the limit — $40; and, ≥26 mph over the limit — $50. §257.629c 233 Point System: I. A person's license is subject to suspension for not more than 1 year if he/she accumulates 12 points within a 2 year period. §257.320. II. The following points are assigned for speeding and speed-related violations: felony resulting from the operation of a motor vehicle — 6 points; reckless driving — 6 points; death or injury to a person in a construction zone or who is operating an implement of husbandry — 6 points; exceeding the limit in a work zone by >15 mph — 5 points; drag racing — 4 points; exceeding the speed by >15 mph — 4 points; careless driving — 3 points; exceeding the speed by >10 mph but ≤15 mph — 3 points; and exceeding the speed limit by ≤10 mph-2 points. §257.320a(1)(a), (e), (g), (i), (k) and (l) III. However, the following points are assessed for exceeding the speed limit on highways where the speed limit is ≥55 mph if the offender has responded "with an explanation" to a civil infraction: 1 to 5 mph over the limit-no points; 6 to 10 mph over the limit — 1 point; 11 to 15 mph over the limit-2 points; 16 to 25 mph over the limit — 3 points; and, ≥26 mph over the limit — 4 points. §257.629c SPEED 2005 124
Sanctions Following an Adjudication of a Speed Law Violation: (continued) (2) and 257.320a Term of License Withdrawal (Days, Months, Years, etc.): Not more than 1 year. §257.320(4) Mandatory Minimum Term of Withdrawal: None. Miscellaneous Sanctions Not Included Elsewhere: Important: I. A person who commits a moving violation (e.g. speeding violation) in a construction or school zone is subject to a fine that is double that otherwise prescribed by law. §257.601b. II. A driver who commits a moving violation (including a speed violation) that results in an injury to a person while such person is in a construction zone or operating an implement of husbandry commits a misdemeanor and is subject to imprisonment for not more than 1 year and/or a fine of not more than $1,000. For a Second offense, a person is subject to license revocation for not less than 1 year (mandatory). Miscellaneous Sanctions Not Included Elsewhere: III. A driver who commits a moving violation (including a speed violation) that results in the death of a person when such person is in a construction zone or is operating am implement of husbandry commits a felony and is subject to imprisonment for not more than 15 years and/or a fine of not more than $7,500. For a first offense, a person is subject to license revocation for not less than 1 year (mandatory). For a second or subsequent offense (within 7 years), he/she is subject to license revocation for not less than 5 years (mandatory). §§257.303(2) and (4), 257.601b, 257.601c and 777.12 Other Criminal Actions Related to Speeding: Drag Racing on Highway 234 : Misdemeanor. §§257.626a and 257.901(1) Sanctions: Criminal Sanction: Imprisonment (Term): Not more than 90 days. §257.901(2) Mandatory Minimum Term: None. Fine ($ Range): Not more than $100. §257.901(2) Mandatory Minimum Fine: None. 234 The offense of "drag racing" on a highway is defined as operating a motor vehicle either (1) in a speed or acceleration contest, (2) for the purpose of making a record, or (3) where 2 or more vehicles accelerate in an attempt to out-distance each other. §257.626a 125 SPEED 2005
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Sanctions Following an Adjudication <strong>of</strong> a <strong>Speed</strong> Law Violation:<br />
(continued)<br />
(2) and 257.320a<br />
Term <strong>of</strong> License Withdrawal<br />
(Days, Months, Years, etc.): Not more than 1 year. §257.320(4)<br />
Mandatory Minimum Term <strong>of</strong><br />
Withdrawal: None.<br />
Miscellaneous Sanctions<br />
Not Included Elsewhere: Important: I. A person who commits a moving violation (e.g.<br />
speeding violation) in a construction or school zone is subject<br />
to a fine that is double that otherwise prescribed by law.<br />
§257.601b. II. A driver who commits a moving violation<br />
(including a speed violation) that results in an injury to a<br />
person while such person is in a construction zone or<br />
operating an implement <strong>of</strong> husbandry commits a misdemeanor<br />
and is subject to imprisonment for not more than 1 year and/or<br />
a fine <strong>of</strong> not more than $1,000. For a Second <strong>of</strong>fense, a<br />
person is subject to license revocation for not less than 1 year<br />
(mandatory).<br />
Miscellaneous Sanctions<br />
Not Included Elsewhere: III. A driver who commits a moving violation (including a<br />
speed violation) that results in the death <strong>of</strong> a person when such<br />
person is in a construction zone or is operating am implement<br />
<strong>of</strong> husbandry commits a felony and is subject to imprisonment<br />
for not more than 15 years and/or a fine <strong>of</strong> not more than<br />
$7,500. For a first <strong>of</strong>fense, a person is subject to license<br />
revocation for not less than 1 year (mandatory). For a second<br />
or subsequent <strong>of</strong>fense (within 7 years), he/she is subject to<br />
license revocation for not less than 5 years (mandatory).<br />
§§257.303(2) and (4), 257.601b, 257.601c and 777.12<br />
Other Criminal Actions Related to <strong>Speed</strong>ing:<br />
Drag Racing on Highway 234 : Misdemeanor. §§257.626a and 257.901(1)<br />
Sanctions:<br />
Criminal Sanction:<br />
Imprisonment (Term): Not more than 90 days. §257.901(2)<br />
Mandatory Minimum Term: None.<br />
Fine ($ Range): Not more than $100. §257.901(2)<br />
Mandatory Minimum Fine: None.<br />
234 The <strong>of</strong>fense <strong>of</strong> "drag racing" on a highway is defined as operating a motor vehicle either (1) in a speed or acceleration<br />
contest, (2) for the purpose <strong>of</strong> making a record, or (3) where 2 or more vehicles accelerate in an attempt to out-distance<br />
each other. §257.626a<br />
125<br />
SPEED 2005
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