Summary of State Speed Laws - NHTSA
Summary of State Speed Laws - NHTSA Summary of State Speed Laws - NHTSA
Other Criminal Actions Related to Speeding: (continued) Administrative Licensing Action: Licensing Authorized and Type of Action: Suspension via the point system. §§257.320(1)(d) and (2) and 257.320a(1) Length of Term of Licensing Withdrawal: Not more than 1 year. §257.320(4) Mandatory Action — Minimum Length of License Withdrawal: None. Other: Careless or Negligent Driving 235 : Civil infraction. §§257.626b and 257.907 Sanction: Criminal: Imprisonment (Term): None. Mandatory Minimum Term of Imprisonment: Fine ($ Range): 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 $250. §§257.907(3) and (7) and 600.8827(5) Mandatory Minimum Fine: Note: A mandatory minimum fine could be established by the courts. Administrative Licensing Actions: Type of Licensing Action (Susp/Rev): Suspension via the point system. §§257.320(1)(d) and (2) and 257.320a(1) Length of Term of License Withdrawal Action: Not more than 1 year. §257.320(4) Mandatory Term of License Withdrawal Action: None. Other: N/A 235 This offense is defined as the operation of a vehicle in a careless or negligent manner which is likely to endanger any person or property but where such action was without wantonness or recklessness. §257.626b SPEED 2005 126
Other Criminal Actions Related to Speeding: (continued) Reckless Driving 236 : Misdemeanor. §§257.626(a) and 257.901(1) Sanction: Criminal: Imprisonment (Term): Not more than 90 days. §257.626(b) Mandatory Minimum Term of Imprisonment: None. Fine ($ Range): Not more than $100. §257.626(b) Mandatory Minimum Fine: None. Administrative Licensing Actions: Suspension via the point system. §§257.320(1)(d) and (2) and 257.320a(1) Type of Licensing Action (Susp/Rev): Suspension/Revocation. §§257.303(2)(a) and 257.319(3)(b) Length of Term of License Withdrawal Action: First offense — Suspension for 90 days. Second offense (within 7 years) — Revocation for 1 year. However, the revocation is for 5 years if the offender had a previous revocation within 7 years. §§257.303(4)(a)(i) and (ii) and 257.319(3)(b) Mandatory Term of License Withdrawal Action: The above licensing actions appear to be mandatory. Other: Felonious Driving 237 : Felony. §257.626c Sanction: Criminal: Imprisonment (Term): Not more than 2 years. §257.626c Mandatory Minimum Term of Imprisonment: Possible. Depending upon the circumstances and the number of prior offenses, there may be a minimum jail sentence via the State’s Sentencing Guidelines under Chapter 777. Fine ($ Range): Not more than $2,000. §257.626c Mandatory Minimum Fine: None. 236 A person commits a misdemeanor if he/she operates a motor vehicle in a careless or reckless manner but not willfully or wantonly and causes an accident involving a pregnant woman that results in either a miscarriage or stillbirth. The sanctions for this offense are incarceration for not more than 2 years and/or a fine of not more than $2,000. §750.90e. Depending upon the circumstances and the number of prior offenses, there may be a minimum jail sentence via the State’s Sentencing Guidelines under Chapter 777. 237 Felonious driving is defined as operating a motor vehicle "carelessly and heedlessly in willful and wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property resulting in a serious impairment of a body function of a person, but does not cause death…." §257.626c “Serious impairment of a body function” includes, but is not limited to: (a) loss of a limb, foot, hand, finger, thumb, eye, ear, or the loss of use thereof; (b) substantial impairment of a body function; (c) serious disfigurement; or (d) a comatose state lasting more than 3 days; (3) measurable brain or mental impairment; (f) a skull fracture or serious bone fracture; (g) subdural hemorrhage or subdural hematoma; or (h) loss of an organ. §257.58c 127 SPEED 2005
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Other Criminal Actions Related to <strong>Speed</strong>ing:<br />
(continued)<br />
Administrative Licensing Action:<br />
Licensing Authorized and<br />
Type <strong>of</strong> Action: Suspension via the point system. §§257.320(1)(d) and (2) and<br />
257.320a(1)<br />
Length <strong>of</strong> Term <strong>of</strong><br />
Licensing Withdrawal: Not more than 1 year. §257.320(4)<br />
Mandatory Action — Minimum<br />
Length <strong>of</strong> License<br />
Withdrawal: None.<br />
Other:<br />
Careless or Negligent Driving 235 : Civil infraction. §§257.626b and 257.907<br />
Sanction:<br />
Criminal:<br />
Imprisonment (Term): None.<br />
Mandatory Minimum Term<br />
<strong>of</strong> Imprisonment:<br />
Fine ($ Range): Only a fine is imposed for a civil infraction. The actual fine<br />
that is to be imposed on an <strong>of</strong>fender is determined by a fine<br />
schedule that is established by each district or municipal court.<br />
However, a person who is operating a commercial motor<br />
vehicle at the time <strong>of</strong> the <strong>of</strong>fense is subject to a civil infraction<br />
fine <strong>of</strong> not more than $250. §§257.907(3) and (7) and<br />
600.8827(5)<br />
Mandatory Minimum Fine: Note: A mandatory minimum fine could be established by the<br />
courts.<br />
Administrative Licensing Actions:<br />
Type <strong>of</strong> Licensing Action<br />
(Susp/Rev): Suspension via the point system. §§257.320(1)(d) and (2)<br />
and 257.320a(1)<br />
Length <strong>of</strong> Term <strong>of</strong> License<br />
Withdrawal Action: Not more than 1 year. §257.320(4)<br />
Mandatory Term <strong>of</strong> License<br />
Withdrawal Action: None.<br />
Other: N/A<br />
235 This <strong>of</strong>fense is defined as the operation <strong>of</strong> a vehicle in a careless or negligent manner which is likely to endanger any<br />
person or property but where such action was without wantonness or recklessness. §257.626b<br />
SPEED 2005<br />
126