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Summary of State Speed Laws - NHTSA

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Other Criminal Actions Related to <strong>Speed</strong>ing:<br />

(continued)<br />

Length <strong>of</strong> License<br />

Withdrawal: None. Licensing action is discretionary with the licensing<br />

agency.<br />

Other: N/A<br />

Reckless Driving: Misdemeanor. §§31-5-229 and 31-5-1201(a)<br />

Sanction:<br />

Criminal:<br />

Imprisonment (Term): Not more than 6 months. §31-5-1201(Mandatory<br />

Minimum Term <strong>of</strong> Imprisonment: None<br />

Fine ($ Range): Not more than $750. §31-5-1201(f)<br />

Mandatory Minimum Fine: None<br />

Administrative Licensing Actions:<br />

Type <strong>of</strong> Licensing Action<br />

(Susp/Rev): Suspension §31-7-128(a)(ii); subsequent <strong>of</strong>fense (within 5<br />

years) — Revocation. §31-7-127(a)(iii)<br />

Length <strong>of</strong> Term <strong>of</strong> License<br />

Withdrawal Action: First <strong>of</strong>fense — 90 days §31-7-128(a)(i); second <strong>of</strong>fense<br />

(within 5 years) — 6 months §31-7-128(a)(ii); subsequent<br />

<strong>of</strong>fense (within 5 years) — 1 year. §31-7-127(a)(iii) and (b)<br />

Mandatory Term <strong>of</strong> License<br />

Withdrawal Action: First <strong>of</strong>fense — 90 days §31-7-128(a)(i); second <strong>of</strong>fense<br />

(within 5 years) — 6 months §31-7-128(a)(ii); subsequent<br />

<strong>of</strong>fense (within 5 years) — 1 year. §31-7-127(a)(iii) and (b)<br />

Other: Surcharge: An <strong>of</strong>fender is assessed a surcharge <strong>of</strong> $100.<br />

This surcharge is in addition to any other sanction. §1-40-<br />

119(a)(ii)<br />

Commercial Motor Vehicle (CMV) Operators 540 :<br />

Grounds for Disqualification: A person is disqualified from operating a CMV if while<br />

driving such a vehicle he/she either (1) commits 2 "serious<br />

traffic violations" 541 within a 3-year period or (2) commits 3<br />

such violations within a 3-year period. §31-7-305(f)<br />

540<br />

A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle.<br />

A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross<br />

vehicle weight <strong>of</strong> ≥26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which<br />

requires that the vehicle be placarded in accordance with U.S. Department <strong>of</strong> Transportation regulations. §31-7-102(a)(viii)<br />

541<br />

A "serious traffic violation" includes exceeding the speed limit by 15 or more mph or reckless driving. §31-7-<br />

102(a)(xli)(A) and (B)<br />

291<br />

SPEED 2005

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