Summary of State Speed Laws - NHTSA
Summary of State Speed Laws - NHTSA Summary of State Speed Laws - NHTSA
Sanctions Following an Adjudication of a Speed Law Violation: (continued) Mandatory Min. Fine ($): As per the Violation Fine Schedule §31-41.1-4(a) and (b) Other Penalties: Traffic School: Rehabilitative Driving Course: The court may order an offender to attend a Rehabilitative Driving Course. §31-41.1- 6(d) Other: (continued) School Bus Operators: Privileges to operate a school bus are suspended for up to 5 years if the operator is convicted of a criminal "motor vehicle driving offense" while driving any vehicle. §31-10.3-31(j) Work Zones: Fines, penalties and costs are double for a speed violation for exceeding the posted limit in a posted “temporary traffic control zone” (construction or maintenance zones). §31-14-12.1(b) Licensing Action: Type of Licensing Action (Susp/Rev): Suspension or Revocation via a point system. 426 §31-11-7(a) (1) Term of License Withdrawal (Days, Months, Years, etc.): I. Point system: Suspension — not more than 1 year. §31- 11-7(a)(2) Revocation — Indeterminate. Note: The law does not provide for a general period of maximum revocation. II. Under separate statutory provisions, the court may suspend a person's license as follows: Speeds ≤10 mph over the speed limit — Suspension for not more than 30 days §31-41.1- 4(b)(i); Speeds >11 mph over the speed limit — Suspension for not more than 60 days. §31-41.1-4(b)(2) Mandatory Minimum Term of Withdrawal: I. Point system: Suspension — 10 or 30 days. Revocation — A revocation, if required, appears to be mandatory. However, the law provides for no maximum period of such mandatory revocation. II. License suspensions via the court are not mandatory. §31- 41.1 — 4 (b)(1) and (2) Miscellaneous Sanctions Not Included Elsewhere: EMS Special Assessment: In addition to any fine, an offender must be assessed $1. §31-27-18. Note: These funds are deposited into the general State fund and do not appear to be obligated for EMS functions. 426 Point System: Under §31-11-7(a)(1), the licensing agency has the authority to take licensing action (usually suspension) if an offender has committed numerous traffic law violations. The State has promulgated a regulation establishing a point system to assist it in exercising this authority. I. If an offender accumulates 8 points, his/her license will be suspended. A first suspension is for a mandatory minimum period of 10 days; a subsequent suspension is for a mandatory minimum period of 30 days. According to §31-11-7, a suspension cannot be >1 year. If offenders accumulate 12 points, their license is revoked. The period of license revocation is either indeterminate or determined according the offense committed. II. The following points have been assigned for speeding and speed-related violations: three (3) reckless driving offenses within 1 year-12 points; driving as to endanger (death or injury) — 12 points;>20 mph over the speed limit — 8 points; ≤20 mph over the speed limit — 1 to 5 points; and reckless or negligent driving — 8 points. CRIR 01-100-011 SPEED 2005 226
Other Criminal Actions Related to Speeding: Reckless Driving or Drag Racing 427 : First offense — misdemeanor; subsequent offense — Felony. §31-27-4(a) Sanctions: Criminal Sanction: Imprisonment (Term): First offense — not more than 1 year §31-27-13(c); subsequent offense — 1 to 5 years. §31-27-14 Mandatory Minimum Term: None Fine ($ Range): First offense — not more than $500 §31-27-13(c); subsequent offense — not more than $5,000. §31-27-14 Mandatory Minimum Fine: None Administrative Licensing Action: Licensing Authorized and Type of Action: Point system — suspension or Revocation. §31-11-7 Three (3) Reckless Driving Offenses (within 1 year) — Revocation. 428 §31-11-6(7) Length of Term of Licensing Withdrawal: Point system — not more than 1 year. §31-11 — 7 Revocation — Indeterminate. Note: The law does not provide for a general period of maximum revocation. Three (3) Reckless Driving Offenses (within 1 year) — 3 years. §31-11-6(7) Mandatory Action — Minimum Length of License Withdrawal: Point system — suspension — 10 or 30 days. Revocation — A revocation, if required, appears to be mandatory. However, the law provides for no maximum period of such mandatory revocation. Three (3) Reckless Driving Offenses (within 1 year) — 3 years. 10 §31-11-6(7) Other: I. If revocation is mandatory, the registrations of any vehicles owned by the offender shall be suspended. §31 — 32-4 II. EMS Special Assessment: In addition to any fine, an offender must be assessed $1. §31-27-18. Note: These funds are deposited into the general State fund and do not appear to be obligated for EMS functions. III. School Bus Operators: Privileges to operate a school bus are suspended for up to 5 yrs if the operator is convicted of a criminal "motor vehicle driving offense" while driving any vehicle. §31-10.3-31(j) Driving as to Endanger 429 : Felony. §§11-1-2, 31-27 — 1 and 31-27-1.1 427 Reckless driving includes drag racing and operating a vehicle in an attempt to elude or flee from a police officer. §31-27- 4(a) 428 Note: The law may only provide for this licensing action where the convictions are for reckless driving and not for drag racing. 429 Death or injury as a result of vehicle operation in reckless disregard of the safety of others. §§31-27-1(a) and 31-27- 1.1(a) 227 SPEED 2005
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Other Criminal Actions Related to <strong>Speed</strong>ing:<br />
Reckless Driving or Drag Racing 427 : First <strong>of</strong>fense — misdemeanor; subsequent <strong>of</strong>fense — Felony.<br />
§31-27-4(a)<br />
Sanctions:<br />
Criminal Sanction:<br />
Imprisonment (Term): First <strong>of</strong>fense — not more than 1 year §31-27-13(c);<br />
subsequent <strong>of</strong>fense — 1 to 5 years. §31-27-14<br />
Mandatory Minimum Term: None<br />
Fine ($ Range): First <strong>of</strong>fense — not more than $500 §31-27-13(c); subsequent<br />
<strong>of</strong>fense — not more than $5,000. §31-27-14<br />
Mandatory Minimum Fine: None<br />
Administrative Licensing Action:<br />
Licensing Authorized and<br />
Type <strong>of</strong> Action: Point system — suspension or Revocation. §31-11-7<br />
Three (3) Reckless Driving Offenses (within 1 year) —<br />
Revocation. 428 §31-11-6(7)<br />
Length <strong>of</strong> Term <strong>of</strong><br />
Licensing Withdrawal: Point system — not more than 1 year. §31-11 — 7<br />
Revocation — Indeterminate. Note: The law does not<br />
provide for a general period <strong>of</strong> maximum revocation.<br />
Three (3) Reckless Driving Offenses (within 1 year) — 3<br />
years. §31-11-6(7)<br />
Mandatory Action — Minimum<br />
Length <strong>of</strong> License Withdrawal: Point system — suspension — 10 or 30 days. Revocation —<br />
A revocation, if required, appears to be mandatory. However,<br />
the law provides for no maximum period <strong>of</strong> such mandatory<br />
revocation.<br />
Three (3) Reckless Driving Offenses (within 1 year) — 3<br />
years. 10 §31-11-6(7)<br />
Other: I. If revocation is mandatory, the registrations <strong>of</strong> any vehicles<br />
owned by the <strong>of</strong>fender shall be suspended. §31 —<br />
32-4<br />
II. EMS Special Assessment: In addition to any fine, an<br />
<strong>of</strong>fender must be assessed $1. §31-27-18. Note: These funds<br />
are deposited into the general <strong>State</strong> fund and do not appear to<br />
be obligated for EMS functions.<br />
III. School Bus Operators: Privileges to operate a school bus<br />
are suspended for up to 5 yrs if the operator is convicted <strong>of</strong> a<br />
criminal "motor vehicle driving <strong>of</strong>fense" while driving any<br />
vehicle. §31-10.3-31(j)<br />
Driving as to Endanger 429 : Felony. §§11-1-2, 31-27 — 1 and 31-27-1.1<br />
427<br />
Reckless driving includes drag racing and operating a vehicle in an attempt to elude or flee from a police <strong>of</strong>ficer. §31-27-<br />
4(a)<br />
428<br />
Note: The law may only provide for this licensing action where the convictions are for reckless driving and not for drag<br />
racing.<br />
429<br />
Death or injury as a result <strong>of</strong> vehicle operation in reckless disregard <strong>of</strong> the safety <strong>of</strong> others. §§31-27-1(a) and 31-27-<br />
1.1(a)<br />
227<br />
SPEED 2005