Summary of State Speed Laws - NHTSA
Summary of State Speed Laws - NHTSA Summary of State Speed Laws - NHTSA
Sanctions Following an Adjudication of a Speed Law Violation: (continued) Fine: Amount ($ Range): $50 to $500 163 §903.1(1)(a) Mandatory Min. Fine ($): None Other Penalties: Traffic School: Driver Improvement Program 164 IAC 761-615.43(1)(a) Other: Road Work Zone. For exceeding the speed limit in a road work zone, the fine is double the amount in the fine schedule. §§321.1(66) and 805.8A(14)(i) Licensing Action: Type of Licensing Action (Susp/Rev): Suspension 165 §321.210(1) Term of License Withdrawal (Days, Months, Years, etc.): 30 days to 1 year 166 §321.212(1)(a) and IAC 761-615.11(1) Mandatory Minimum Term of Withdrawal: None A restricted license is available for employment, educational or medical purposes. §321.215(1) 163 Scheduled Violations. Most speed law violations are considered "scheduled violations" for which the following fines are provided.§§805.8 .7 805.8A. However, “[e]xcessive speed in whatever amount by a school bus is not a scheduled violation.....” §805.8A(5)(c) The fine schedule for speeding offenses in speed zones greater than fifty-five miles per hour is as follows: (1) ≤5 mph over the speed limit — $20; (2) >5 mph but ≤10 mph over the speed limit — $40; (3) >10 mph but ≤15 mph over the speed limit — $60; (4) >15 mph but ≤20 mph over the speed limit — $80; (5) >20 mph over the speed limit — $90 plus $5 for every mph over the 20 mph excessive speed. §805.8A(5)(a) In speed zones with a speed limit >55 mph, the fine schedule for speeding violations is as follows: (1) ≤5 mph over the speed limit — $10; (2) >5 mph but ≤10 mph over the speed limit — $20; (3) >10 mph but ≤15 mph over the speed limit — $40; (4) >15 mph but ≤20 mph over the speed limit — $60; (5) >20 mph over the speed limit — $60 plus $2 for every mph over the 20 mph excessive speed. §805.8A(5)(b) For violating the posted safe speed limit for a bridge or elevated structure, the scheduled fine is $30. §805.8A(5)(e) For violating the minimum speed rule (i.e., driving too slow), the scheduled fine is $35. §805.8A(8) For not driving in the right-hand lane of traffic when proceeding at a speed less than the normal speed of traffic, the scheduled fine is $35. §805.8A(6)(c) For a failure to control vehicle and reduce speed to reasonable and proper rate there is a scheduled fine of $35. §805.8A(6)(c) 164 The licensing agency may require a person who is convicted of a speeding violation of ≥25 mph but ≤29 mph over the speed limit or for habitual traffic law violation to attend a driver improvement program. This program is in lieu of license suspension. However, a person cannot be assigned to this program more than once in 2 years. IAC 761-615.43(1)(a)(2) and (b) 165 A person's license may be suspended if he/she is a habitual offender of the traffic laws or if he/she commits a serious offense. §321.210(1)(b) and (f) 166 I. For licensing action based on habitual violations of the traffic laws, the following suspensions apply: (1) 3 convictions within 12 months-90 days; (2) 4 convictions within 12 months — 120 days; 5 convictions within 12 months- 150 days; 6 convictions within 12 months 180 days; and, (5) 7 or more convictions within 12 months — 1 year. IAC 761- 615.13(2) Note: The licensing agency is not to consider the first two speeding violations within a 12 month period involving excess speed which was ≤10 mph below the speed limit in speed zones having limits between 34 and 56 mph. §321.210(2)(d) II. For licensing actions based on a serious violation (i.e. exceeding the speed limit by ≥25 mph), State regulations provide for graduated license suspension periods depending upon the speed of the vehicle; e.g., a person convicted of speeding ≥25 mph but
Miscellaneous Sanctions Not Included Elsewhere 167 : I. An offender is assessed an additional penalty of 30 Miscellaneous Sanctions Not Included Elsewhere: (continued) percent of the fine imposed. §911.2 II. Civil Penalty. If an offender's license is suspended, he/she is subject to a civil penalty of $200 (if ≤19 years old, the civil penalty is $50). §321.218A Other Criminal Actions Related to Speeding: Drag Racing on Highway: Simple misdemeanor. §321.278 Sanctions: Criminal Sanction: Imprisonment (Term): Not more than 30 days. §903.1(1)(a) Mandatory Minimum Term: None Fine ($ Range): $50 to $500. §903.1(1)(a) Mandatory Minimum Fine: None Administrative Licensing Action: Licensing Authorized and Type of Action: Revocation. §321.209(6) Length of Term of Licensing Withdrawal: First offense — 6 months. If there was no personal injury or property damage §321.212(1)(c) First offense where there is personal injury or property damage or for any subsequent offense — 1 year. §321.212(1)(a) Mandatory Action — Minimum Length of License Withdrawal: None. A restricted license is available for employment, educational or medical purposes. §321.215(1) Other: I. An offender is assessed an additional penalty of 30 percent of the fine imposed. §911.2 II. Civil Penalty. If an offender's license is revoked, he/she is subject to a civil penalty of $200. (if ≤19 years old, the civil penalty is $50). §321.218A Reckless Driving: Simple misdemeanor §321.277 Sanction: Criminal: Imprisonment (Term): Not more than 30 days. §903.1(1)(a) Mandatory Minimum Term 144 I. A person commits an aggravated misdemeanor if he/she exceeds the speed limit by 25 mph while eluding a law enforcement officer. The sanctions for this misdemeanor are jail for not more than 2 years and/or a fine of $500 to $5,000 and a surcharge that is equal to 30 percent of any fine imposed. §§321.279(2), 903.1(2) and 911.2 II. A person commits a Class D felony if he/she exceeds the speed limit by 25 mph while eluding a law enforcement officer and commits one of the following: (1) participates in a public offense which is a felony (§702.13); (2) violates the drunk driving law (§321J.2); (3) violates the controlled substance law (§124.401; or (4) causes bodily injury to another person during the offense. The sanctions for this felony are imprisonment for not more than 5 years and/or a fine of $750 to $7,500 and a surcharge that is equal to 30 percent of any fine imposed. §§321.279(3), 902.9(5) and 911.2 87 SPEED 2005
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Miscellaneous Sanctions<br />
Not Included Elsewhere 167 : I. An <strong>of</strong>fender is assessed an additional penalty <strong>of</strong> 30<br />
Miscellaneous Sanctions<br />
Not Included Elsewhere: (continued) percent <strong>of</strong> the fine imposed. §911.2<br />
II. Civil Penalty. If an <strong>of</strong>fender's license is suspended, he/she<br />
is subject to a civil penalty <strong>of</strong> $200 (if ≤19 years old, the civil<br />
penalty is $50). §321.218A<br />
Other Criminal Actions Related to <strong>Speed</strong>ing:<br />
Drag Racing on Highway: Simple misdemeanor. §321.278<br />
Sanctions:<br />
Criminal Sanction:<br />
Imprisonment (Term): Not more than 30 days. §903.1(1)(a)<br />
Mandatory Minimum Term: None<br />
Fine ($ Range): $50 to $500. §903.1(1)(a)<br />
Mandatory Minimum Fine: None<br />
Administrative Licensing Action:<br />
Licensing Authorized and<br />
Type <strong>of</strong> Action: Revocation. §321.209(6)<br />
Length <strong>of</strong> Term <strong>of</strong><br />
Licensing Withdrawal: First <strong>of</strong>fense — 6 months. If there was no personal injury or<br />
property damage §321.212(1)(c) First <strong>of</strong>fense where there is<br />
personal injury or property damage or for any subsequent<br />
<strong>of</strong>fense — 1 year. §321.212(1)(a)<br />
Mandatory Action — Minimum<br />
Length <strong>of</strong> License<br />
Withdrawal: None. A restricted license is available for employment,<br />
educational or medical purposes. §321.215(1)<br />
Other: I. An <strong>of</strong>fender is assessed an additional penalty <strong>of</strong> 30 percent<br />
<strong>of</strong> the fine imposed. §911.2<br />
II. Civil Penalty. If an <strong>of</strong>fender's license is revoked, he/she is<br />
subject to a civil penalty <strong>of</strong> $200. (if ≤19 years old, the civil<br />
penalty is $50). §321.218A<br />
Reckless Driving: Simple misdemeanor §321.277<br />
Sanction:<br />
Criminal:<br />
Imprisonment (Term): Not more than 30 days. §903.1(1)(a)<br />
Mandatory Minimum Term<br />
144 I. A person commits an aggravated misdemeanor if he/she exceeds the speed limit by 25 mph while eluding a law<br />
enforcement <strong>of</strong>ficer. The sanctions for this misdemeanor are jail for not more than 2 years and/or a fine <strong>of</strong> $500 to $5,000<br />
and a surcharge that is equal to 30 percent <strong>of</strong> any fine imposed. §§321.279(2), 903.1(2) and 911.2<br />
II. A person commits a Class D felony if he/she exceeds the speed limit by 25 mph while eluding a law enforcement <strong>of</strong>ficer<br />
and commits one <strong>of</strong> the following: (1) participates in a public <strong>of</strong>fense which is a felony (§702.13); (2) violates the drunk<br />
driving law (§321J.2); (3) violates the controlled substance law (§124.401; or (4) causes bodily injury to another person<br />
during the <strong>of</strong>fense. The sanctions for this felony are imprisonment for not more than 5 years and/or a fine <strong>of</strong> $750 to<br />
$7,500 and a surcharge that is equal to 30 percent <strong>of</strong> any fine imposed. §§321.279(3), 902.9(5) and 911.2<br />
87<br />
SPEED 2005
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