Summary of State Speed Laws - NHTSA

Summary of State Speed Laws - NHTSA Summary of State Speed Laws - NHTSA

07.04.2013 Views

Sanctions Following an Adjudication of a Speed Law Violation: (continued) Term of License Withdrawal (Days, Months, Years, etc.): Not more than 1 year. §42-2-132(1) Mandatory Minimum Term of Withdrawal: None. A probationary license with restrictions may be issued §42-2-127(12) Miscellaneous Sanctions Not Included Elsewhere: Driving 25 mph or more in excess of either the reasonable and prudent speed or the 75 mph maximum limit is a Class 2 misdemeanor traffic offense. §42-4-1101(12). The sanctions for this offense are a jail term of 10 to 90 days and/or a fine of $10 to $300, plus the offender must pay restitution and may be required to perform some community service. §42-4- 1701(3)(a)(II) Other Criminal Actions Related to Speeding: Racing on Highway: Speed Contest Class 2 misdemeanor traffic offense. §42-4- 1105(1) and (3) Sanctions: Criminal Sanction: Mandatory Minimum Term: None Fine ($ Range): $10 to $300. §42-4-1701(3)(a)(II)(A) Mandatory Minimum Fine: None Administrative Licensing Action: Licensing Authorized and Type of Action: Suspension via a point system. §42-2-127. For this offense, a driver is assessed 12 points which results in suspension under the point system. §42-2-127(1)(a) and (5)(c) 4 years. §42-2-127(1)(a). II. Point Schedule. The following points are assigned for speeding violations: one (1) point for going 5 to 9 mph over either the reasonable and prudent speed or 5 to 9 mph over the maximum lawful speed limit of 75 mph; four (4) points for going 10 to 19 mph over either the reasonable and prudent speed or 10 to 19 mph over the maximum law speed limit of 75 mph; six (6) points for going 20 to 39 mph over either the reasonable and prudent speed or 20 to 39 mph over the maximum law speed limit of 75 mph; twelve (12) points for going 40 mph or more over the reasonable and prudent speed or 40 mph or more over the maximum law speed limit of 75 mph; three (3) points are assessed for a failure to reduce speed when a special hazard exists. No points are assessed for going 1 to 4 mph over either the reasonable and prudent speed or 1 to 4 mph over the maximum law speed limit of 75 mph. §42-2-127(5)(f) Important: No points can be assessed against a person's driving record if the original citation was issued via an "automated vehicle identification system." §§42-2-127(5.5) and 42-4-110.5(3) SPEED 2005 32

Length of Term of Licensing Withdrawal: Not more than 1 year §42-2-132(1) Mandatory Action — Minimum Length of License Other Criminal Actions Related to Speeding: (continued) Withdrawal: None. A probationary license with restrictions may be issued §42-2-127(12) Other: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717 Reckless Driving 60 : Class 2 misdemeanor traffic offense §42-4-1401 Sanction: Criminal: Imprisonment (Term): First offense — 10 to 90 days §42-4-1701(3)(a)(II)(A); second or subsequent offense — 10 days to 6 months. §42-4- 1401(2) Mandatory Minimum Term of Imprisonment: None Fine ($ Range): First offense — $10 to $300. §42-4-1701(3)(a)(II)(A) Second or subsequent offense — $50 to $1,000. §42-4- 1401(2) Mandatory Minimum Fine: None Administrative Licensing Actions: Type of Licensing Action (Susp/Rev): Suspension via a point system §42-2-127 For this offense, a driver is assessed 8 points. §42-2-127(1)(a) and (5)(d) Revocation for 3 reckless driving offense convictions within 2 years §42-2-125(1)(f) Length of Term of License Withdrawal Action: Suspension for not more than 1 year. §42-2-132(1) Revocation for 1 year. §42-2-132(2) Mandatory Term of License Withdrawal Action: Suspension in not mandatory. A probationary license with restrictions may be issued. §42-2-127(12) Revocation is for a mandatory period of 1 year. §42-2- 132(2) Other: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717 60 Operating a motor vehicle in either a wanton or a willful manner so as to disregard the safety of either persons or property. §42-4-1401(1) Vehicular Assault: A person who causes serious bodily injury to another person while operating a motor vehicle in a “reckless manner” commits a Class 5 felony: Imprisonment from 1 to 3 years (with 2 years mandatory parole) and a fine of $1,000 to $100,000. If the injured person was pregnant, the minimum imprisonment sentence must be midpoint of the sentence but more but not more than twice the maximum. §18-1.3-401(13) and 18-3-205(1)(a) and (b) 33 SPEED 2005

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

Licensing Withdrawal: Not more than 1 year §42-2-132(1)<br />

Mandatory Action — Minimum<br />

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

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

(continued)<br />

Withdrawal: None. A probationary license with restrictions may be issued<br />

§42-2-127(12)<br />

Other: A person may be required to attend a course <strong>of</strong> instruction on<br />

traffic laws, hazardous driving situations and accident<br />

prevention. §42-4-1717<br />

Reckless Driving 60 : Class 2 misdemeanor traffic <strong>of</strong>fense §42-4-1401<br />

Sanction:<br />

Criminal:<br />

Imprisonment (Term): First <strong>of</strong>fense — 10 to 90 days §42-4-1701(3)(a)(II)(A);<br />

second or subsequent <strong>of</strong>fense — 10 days to 6 months. §42-4-<br />

1401(2)<br />

Mandatory Minimum Term<br />

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

Fine ($ Range): First <strong>of</strong>fense — $10 to $300. §42-4-1701(3)(a)(II)(A)<br />

Second or subsequent <strong>of</strong>fense — $50 to $1,000. §42-4-<br />

1401(2)<br />

Mandatory Minimum Fine: None<br />

Administrative Licensing Actions:<br />

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

(Susp/Rev): Suspension via a point system §42-2-127 For this <strong>of</strong>fense, a<br />

driver is assessed 8 points. §42-2-127(1)(a) and (5)(d)<br />

Revocation for 3 reckless driving <strong>of</strong>fense convictions within<br />

2 years §42-2-125(1)(f)<br />

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

Withdrawal Action: Suspension for not more than 1 year. §42-2-132(1)<br />

Revocation for 1 year. §42-2-132(2)<br />

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

Withdrawal Action: Suspension in not mandatory. A probationary license with<br />

restrictions may be issued. §42-2-127(12)<br />

Revocation is for a mandatory period <strong>of</strong> 1 year. §42-2-<br />

132(2)<br />

Other: A person may be required to attend a course <strong>of</strong> instruction on<br />

traffic laws, hazardous driving situations and accident<br />

prevention. §42-4-1717<br />

60<br />

Operating a motor vehicle in either a wanton or a willful manner so as to disregard the safety <strong>of</strong> either persons or<br />

property. §42-4-1401(1)<br />

Vehicular Assault: A person who causes serious bodily injury to another person while operating a motor vehicle in a<br />

“reckless manner” commits a Class 5 felony: Imprisonment from 1 to 3 years (with 2 years mandatory parole) and a fine <strong>of</strong><br />

$1,000 to $100,000. If the injured person was pregnant, the minimum imprisonment sentence must be midpoint <strong>of</strong> the<br />

sentence but more but not more than twice the maximum. §18-1.3-401(13) and 18-3-205(1)(a) and (b)<br />

33<br />

SPEED 2005

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