Summary of State Speed Laws - NHTSA
Summary of State Speed Laws - NHTSA Summary of State Speed Laws - NHTSA
Miscellaneous Sanctions Not Included Elsewhere: If a speeding offense caused the death of another person, the offender may be required to perform 120 hours of community service. §§316.027(4) and 318.14(1) Other Criminal Actions Related to Speeding: Racing on Highway 105 : Misdemeanor in the Second degree. A subsequent violation within 5 years is a misdemeanor in the First degree. §316.191(2) Sanctions: Criminal Sanction: Imprisonment (Term): First offense — not more than 60 days. Subsequent offenses (within 5 years) — not more than 1 year. §§316-191(2)(a) and (b) and 775.082(4) (a) and (b) Mandatory Minimum Term: None Fine ($ Range): First offense — $250 to $500. Subsequent offenses (within 5 years) — $500 to $1,000. §§316.191(2)(a) and 775.083 (1) (d) and (e). Mandatory Minimum Fine: First offense — $250. Subsequent offenses (within 5 years) — $500. §§316.191(2)(a) and 775.083 (1) (d) and (e). Administrative Licensing Action: Licensing Authorized and Type of Action: Revocation via the courts. §§316.191(2)(a) and 316.655(2) Length of Term of Licensing Withdrawal: First offense — 1 year. Subsequent offenses (within 5 years) — 2 years. §316.191(2)(a) Mandatory Action — Minimum Length of License Withdrawal: First offense — 1 year. Subsequent offenses (within 5 years) — 2 years. §316.191(2)(a) Other: I. A person may be required to attend a driver improvement school. §§316.655(3) and 318.14(5) and (9) . II. If the offense caused the death of another person, the offender may be required to perform 120 hours of community service. §§ 316.027(4) and 318.14(1) III. The court may impound or immobilize the vehicle used in the offense. §316.191(3) Reckless Driving 106 : Misdemeanor (Moving Violation). §§316.192, 316.655(1), 318.13(3), 775.08(2) and 775.081(2) Note: 105 "No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record" on a highway or street. §316.191(2)(a) 106 I. A person commits a first degree misdemeanor if the reckless driving offense resulted in damage to the property or person of another. The sanctions for this offense are imprisonment for not more than 1 year and a fine of not more than $1,000. License action is the same as for any reckless driving offense.§§316.191(2)(a), 775.082(4)(a) and 775.083(1)(d). II. A person commits a third degree felony if the reckless driving offense resulted in serious bodily injury to another person. The sanctions for this offense are imprisonment for not more than 5 years and a fine of not more than $5,000. License action is the same as for any reckless driving offense. §§316.192(3)(c)(2), 775.082(3)(d) and 775.083(1)(c) III.A person commits a second degree felony if he/she attempts to elude a law enforcement officer who is operating a marked patrol vehicle with siren and lights activated and the person drives either (1) at a high speed or (2) “in any manner which demonstrates a wanton disregard for the safety of persons or property....” The sanctions for this offense are imprisonment for not more than 15 years, a fine of not more than $10,000 and license revocation for not more than 1 year. §§316.1935(3) and (5), 775.082(3)(c) and 775.083(1)(b) SPEED 2005 52
Reckless Driving (continued) The law is not clear as to whether this is either first or second degree misdemeanor. Sanction: Criminal: Imprisonment (Term): First offense — not more than 90 days. Subsequent offense — not more than 6 months. §316.192(2)(a) and (b) Mandatory Minimum Term of Imprisonment: None Fine ($ Range): First offense — $25 to $500. Subsequent offense — $50 to $1,000. §316.192(2)(a) and (b) Mandatory Minimum Fine: None Administrative Licensing Actions: Type of Licensing Action (Susp/Rev): Suspension via the point system or Suspension/Revocation via the courts §§316.655(2) and 322.27(3) Third offense — revocation §322.26(6) Length of Term of License Withdrawal Action: 30 days to 1 year depending upon the number of points that have been accumulated. §322.27(3)(a), (b) and (c) Third offense — 1 year §322.28(1) Mandatory Term of License Withdrawal Action: None Other: I. First or subsequent offense — A fee of $5 is imposed for the purpose of funding the Emergency Medical Services Trust Fund. §316.192(4) II. First or subsequent offense — If alcohol or chemical/controlled substances contributed to the violation, the offender must complete an “psychosocial evaluation” as proved under §316.193(5). The offender may be referred to a substance abuse treatment program. §316.192(5) Careless Driving 107 : noncriminal traffic infraction (Moving Violation). §§316.1925, 316.655(1), 318.13(3) and 318.14(1) Sanction: Criminal: Imprisonment (Term): None Mandatory Minimum Term of Imprisonment: Fine ($ Range): I. For Non-Adjudication Offenses-Civil Penalty 5 — $60. §318.18(3)(a) See Footnote No. 8. 107 A person shall operate a vehicle "in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person." §316.1925(1) 53 SPEED 2005
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Miscellaneous Sanctions<br />
Not Included Elsewhere: If a speeding <strong>of</strong>fense caused the death <strong>of</strong> another person, the<br />
<strong>of</strong>fender may be required to perform 120 hours <strong>of</strong> community<br />
service. §§316.027(4) and 318.14(1)<br />
Other Criminal Actions Related to <strong>Speed</strong>ing:<br />
Racing on Highway 105 : Misdemeanor in the Second degree. A subsequent violation<br />
within 5 years is a misdemeanor in the First degree.<br />
§316.191(2)<br />
Sanctions:<br />
Criminal Sanction:<br />
Imprisonment (Term): First <strong>of</strong>fense — not more than 60 days. Subsequent <strong>of</strong>fenses<br />
(within 5 years) — not more than 1 year. §§316-191(2)(a) and<br />
(b) and 775.082(4) (a) and (b)<br />
Mandatory Minimum Term: None<br />
Fine ($ Range): First <strong>of</strong>fense — $250 to $500. Subsequent <strong>of</strong>fenses (within 5<br />
years) — $500 to $1,000. §§316.191(2)(a) and 775.083 (1) (d)<br />
and (e).<br />
Mandatory Minimum Fine: First <strong>of</strong>fense — $250. Subsequent <strong>of</strong>fenses (within 5 years) —<br />
$500. §§316.191(2)(a) and 775.083 (1) (d) and (e).<br />
Administrative Licensing Action:<br />
Licensing Authorized and<br />
Type <strong>of</strong> Action: Revocation via the courts. §§316.191(2)(a) and 316.655(2)<br />
Length <strong>of</strong> Term <strong>of</strong><br />
Licensing Withdrawal: First <strong>of</strong>fense — 1 year. Subsequent <strong>of</strong>fenses (within 5 years)<br />
— 2 years. §316.191(2)(a)<br />
Mandatory Action — Minimum<br />
Length <strong>of</strong> License<br />
Withdrawal: First <strong>of</strong>fense — 1 year. Subsequent <strong>of</strong>fenses (within 5 years)<br />
— 2 years. §316.191(2)(a)<br />
Other: I. A person may be required to attend a driver improvement<br />
school. §§316.655(3) and 318.14(5) and (9) .<br />
II. If the <strong>of</strong>fense caused the death <strong>of</strong> another person, the<br />
<strong>of</strong>fender may be required to perform 120 hours <strong>of</strong><br />
community service. §§ 316.027(4) and 318.14(1)<br />
III. The court may impound or immobilize the vehicle used in<br />
the <strong>of</strong>fense. §316.191(3)<br />
Reckless Driving 106 : Misdemeanor (Moving Violation). §§316.192, 316.655(1),<br />
318.13(3), 775.08(2) and 775.081(2) Note:<br />
105 "No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test <strong>of</strong><br />
physical endurance, exhibition <strong>of</strong> speed or acceleration, or for the purpose <strong>of</strong> making a speed record" on a highway or<br />
street. §316.191(2)(a)<br />
106 I. A person commits a first degree misdemeanor if the reckless driving <strong>of</strong>fense resulted in damage to the property or<br />
person <strong>of</strong> another. The sanctions for this <strong>of</strong>fense are imprisonment for not more than 1 year and a fine <strong>of</strong> not more than<br />
$1,000. License action is the same as for any reckless driving <strong>of</strong>fense.§§316.191(2)(a), 775.082(4)(a) and 775.083(1)(d).<br />
II. A person commits a third degree felony if the reckless driving <strong>of</strong>fense resulted in serious bodily injury to another person.<br />
The sanctions for this <strong>of</strong>fense are imprisonment for not more than 5 years and a fine <strong>of</strong> not more than $5,000. License<br />
action is the same as for any reckless driving <strong>of</strong>fense. §§316.192(3)(c)(2), 775.082(3)(d) and 775.083(1)(c) III.A person<br />
commits a second degree felony if he/she attempts to elude a law enforcement <strong>of</strong>ficer who is operating a marked patrol<br />
vehicle with siren and lights activated and the person drives either (1) at a high speed or (2) “in any manner which<br />
demonstrates a wanton disregard for the safety <strong>of</strong> persons or property....” The sanctions for this <strong>of</strong>fense are imprisonment<br />
for not more than 15 years, a fine <strong>of</strong> not more than $10,000 and license revocation for not more than 1 year. §§316.1935(3)<br />
and (5), 775.082(3)(c) and 775.083(1)(b)<br />
SPEED 2005 52