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Summary of State Speed Laws - NHTSA

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Withdrawal Action: Two years upon reaching the requisite point assessment for<br />

the third time within 5 years. §40-5-57(d)(3)<br />

Other: A driver may be required to attend a driver improvement<br />

course. §40-5-57(c)(1)(C)<br />

Aggressive Driving 122 : Misdemeanor <strong>of</strong> a High and Aggravated Nature. §40-6-397(a)<br />

and (b)<br />

Sanction:<br />

Criminal:<br />

Imprisonment (Term): Not more than 12 months. §17-10-4(a)<br />

Mandatory Minimum Term<br />

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

Fine ($Range): Not more than $5,000. §17-10-4(a)<br />

Mandatory Minimum Fine: None<br />

Administrative Licensing Actions:<br />

Type <strong>of</strong> Licensing Action (Susp/Rev): Suspension via the point system. §40-5-57<br />

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

Withdrawal Action: 1 to 5 years depending on the number <strong>of</strong> points accumulated.<br />

§40-5-57(d)<br />

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

Withdrawal Action: Two years upon reaching the requisite point assessment for<br />

the third time within 5 years. §40-5-57(d)(3)<br />

Other: A driver may be required to attend a driver improvement<br />

course. §40-5-57(c)(1)(C)<br />

Commercial Motor Vehicle (CMV) Operators 123 :<br />

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

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

violations" 124 within a 3-year period or<br />

(2) commits 3 such violations within a 3-year period. §40-5-<br />

151(f)<br />

Period <strong>of</strong> Disqualification: Two serious violations (within 3 years) — not less than 60<br />

days. Three serious violations (within 3 years) — not less<br />

than 120 days. §40-5-151(f)<br />

Period <strong>of</strong> Mandatory Disqualification: Two serious violations (within 3 years) — 60 days. Three<br />

serious violations (within 3 years) — 120 days. §40-5-151(f)<br />

122 Aggressive driving is defined as operating a “motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or<br />

obstruct another person, including without limitation violating Code Section 40-6-42 ( overtaking and passing), 40-6-48<br />

(driving on roadways laned for traffic), 40-6-49 (following too closely), 40-6-123 (turning movements; signals required on<br />

turning; changing lanes, slowing or stopping), 40-6-184 (impeding traffic; minimum speed in left-hand lanes), 40-6-312<br />

(operating motorcycle on roadway laned for traffic), or 40-6-390 (reckless driving) with such intent.” §40-6-397(a)<br />

123 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 to be placarded in accordance with U.S. Department <strong>of</strong> Transportation regulations. §40-5-142(7)<br />

124 A "serious traffic violation" includes exceeding the speed limit by 15 or more mph or reckless driving. §40-5-142(22)<br />

SPEED 2005 60

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