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Summary of State Speed Laws - NHTSA

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Sanctions Following an Adjudication <strong>of</strong> a <strong>Speed</strong> Law Violation<br />

(continued)<br />

II. Other speed law violations where the <strong>of</strong>fense is not<br />

adjudicated-Civil Penalty — $60 §318.18(3)(a)<br />

III. Any speed law Violation where the <strong>of</strong>fender elects<br />

adjudication 100 — not more than $500. However, the fine limit<br />

is not more than $1,000 in situations where there was unlawful<br />

speeding in either a school or construction zone. §318.14(5)<br />

Mandatory Min. Fine ($): None<br />

Other Penalties:<br />

Traffic School: A person may be required to attend a driver<br />

improvement school. 101 Other:<br />

§318.14(5) and (9)<br />

N/A<br />

Licensing Action:<br />

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

(Susp/Rev): Suspension either via the point system 102 or<br />

Suspension/Revocation via the courts 103 §§316.655(2) and<br />

322.27(3)<br />

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

(Days, Months, Years, etc.): 30 days to 1 year depending upon the number <strong>of</strong> points that<br />

have been accumulated. §322.27(3)(a), (b) and (c)<br />

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

Withdrawal: None 104<br />

100 Sanction or sanctions that can be imposed if an <strong>of</strong>fender elects to adjudicate the traffic <strong>of</strong>fense. §318.14(5)<br />

101 I. A person who commits a non-criminal traffic infraction may, in lieu <strong>of</strong> a court appearance, elect to attend a driver<br />

improvement course. If such occurs, adjudication is withheld and points cannot be assessed against the person's driving<br />

record. In addition, the civil penalty imposed under §318.18(3) must be reduced by 18 percent. §318.14(9). II. If an<br />

<strong>of</strong>fender elects to adjudicate the traffic infraction, he/she still may be ordered to attend such a course. §318.14(5)<br />

102 Point System: I. A person's license is suspended respectively for either (1) not more than 30 days, (2) not more than 3<br />

months or (3) not more than 1 year if he/she accumulates either (1) 12 points within 12 months, (2) 18 points within 18<br />

months, or (3) 24 points within 36 months. §322.27(3)(a), (b) and (c). II. The following points are assessed for speedrelated<br />

moving traffic violations: 3 points for exceeding the speed limit by 15 mph; 6 points for unlawful speed that results in an accident; 4 points for reckless driving; 3 points for careless<br />

driving; and 3 points for racing on the highways; §322.27(3)(d)(1), (3), (5)(a) and (b), and (6)<br />

103 In addition to any action that may be taken by the licensing agency, the court has the authority to suspend or revoke a<br />

driver's license if the court determines that there exists a need to protect persons who use the highways. In determining<br />

whether to take such action, the court considers among other things the extent or nature <strong>of</strong> the violation and whether, as a<br />

result <strong>of</strong> the violation there was a death, personal injury or property damage. §316.655(2). Note: This provision does not<br />

provide for specific license suspension or revocation periods. However, under §322.28(1), the licensing agency can only<br />

suspend or revoke a license for 1 year. In addition, the licensing agency may be able to issue driving privileges for<br />

employment purposes under §322.271.<br />

104 The licensing agency may modify either a suspension or revocation order and allow an <strong>of</strong>fender to operate a motor<br />

vehicle for employment purposes. §322.271 and FAC §15A-1.019<br />

51<br />

SPEED 2005

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