PURPOSE
This Summary reports ONLY the status of State statutes (or regulations) that are concerned with either speed limit or speed related violations. Local laws are not reported. Unless otherwise indicated, the status of the State laws (or regulations) reported is January 1, 2006.
ORGANIZATION
The Summary is divided into two areas: (1) Introduction; (2) a State-by-State-Analysis. The State-by-State Analysis is organized by State and then by specific legal topics. The State-by-State Analysis includes code and case law citations; these should help individuals conducting additional research in this area of the law. The State-by-State Analysis can be used to facilitate the comparison of State laws in the subject areas.
The Appendix, using the State-by-State Analysis format, gives the Uniform Vehicle Code’s provisions on speed limit and speed related offenses.
EXPLANATIONS
Basic Speed Rule: The Basic Speed Rule requires vehicle operators to drive at a speed that is reasonable and prudent. As a corollary to this rule, State laws usually provide that "every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching an going around and curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions." See Uniform Vehicle Code §11-801.
Minimum Speed Rule: The Minimum Speed Rule prohibits a person from operating a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. However, in order to avoid a possible conflict with the basic speed rule, the law normally provides that a slow speed is permissible when "reduced speed is necessary for safe operation or in compliance with law." See Uniform Vehicle Code §11-805(a).
Racing on the Highway: "Racing on the highway" is usually defined as driving "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." See Uniform Vehicle Code §11-809(a).
Drag Racing: Either as part of the offense of highway racing or as a separate statutory crime, the offense of "drag racing" is normally defined as "the operation of two or more vehicles from a point side by side at accelerating speed in competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicles or vehicles within a certain distance or time limit." See Uniform Vehicle Code §11-809(b).
Reckless Driving: "Reckless driving" is normally defined as driving "any vehicle in willful or wanton disregard for the safety of persons or property." See Uniform Vehicle Code §11-901(a). Note: Speed is not necessarily a factor in this offense.
Statutory Speed Limit: A "statutory speed limit" is one specifically provided for under a State's traffic code (rules of the road). Such limits may vary by highway type (e.g., interstate) or by location (e.g., urban district). State laws may or may not require that these limits be posted.
Posted (Maximum) Speed Limit: Even though specific speed limits may have been established via legislation, State laws usually allow either State or local authorities to set highway speed limits above or below the statutory ones. Prior to taking such action on any portion of a highway, the law normally requires that governmental authorities conduct a study to determine the safe speed limit for that part of the highway. State laws may also allow such authorities to specify different speed limits on all or selected highways (or portions thereof) either for various times of the day or for various types of vehicles (e.g., trucks).
Speed limits established under these laws are not effective until appropriate speed limit signs are posted on the highway. Caution: This Summary does not report the speed limits that have been established via such laws.
Speed Law Sanctions: Except as noted, the criminal and administrative licensing sanctions given are the same for any offense listed under the heading "Basis for a Speed Law Violation." Important: The fine sanctions listed in this Summary do not include court costs or bail schedule forfeitures.
Highway & Street: In order to insure that the terms "highway" and "street" are synonymous and interchangeable, many State laws defined both as "[t]he entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel." See Uniform Vehicle Code §§1-127 & 1-183.
FEEDBACK & FUTURE EDITIONS
Requests for future editions of or comments about this Summary should be sent to:
National Highway Traffic Safety Administration
Enforcement and Justice Services Division (NTI-122)
400 7th Street, S.W.
Washington, D.C. 20590
Telephone: (202) 366-9588 or (202) 366-1755
FAX: (202) 366-7721
U.S. Department of Transportation
National Highway Traffic Safety Administration
Washington, D.C. 20590
This publication is distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration, in the interest of information exchange. The opinions, findings and conclusions expressed in this publication are those of the author(s) and not necessarily those of the Department of Transportation or the National Highway Traffic Safety Administration. The United States Government assumes no liability for its contents or use thereof. If trade or manufacturers' names or products are mentioned, it is because they are considered essential to the object of the publication and should not be construed as an endorsement. The United States Government does not endorse products or manufacturers.
JURISDICTION: ALASKA
This chapter summarizes Alaska State statutes and regulations related to speed.
General References: Alaska Statutes and Alaska Administrative Code (AAC)
Basis for a Speed Law Violation :
Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent considering the traffic, roadway and weather conditions. 13 AAC 02.275
Statutory Speed Limit: I. 55 MPH on any roadway other than those otherwise limited. 13 AAC 02.275(b)(4)1
II. 25 MPH in a residential area. 13 AAC 02.275(b)(3)1
III. 20 MPH in a business district. 13 AAC 02.275(b)(2)
IV. 15 MPH in an alley. 13 AAC 02.275(b)(1)1
Posted (Maximum) Speed Limit: I. Based upon engineering and traffic investigations, the above speed limits may be altered (increased or decreased). 13 AAC 02.275(e) & 02.2801
II. Maximum safe speed limits may be established for bridges, elevated structures, tunnels and underpasses. 13 AAC 02.325(f)1
Minimum Speed Limit: A person driving at less than the maximum authorized speed of traffic shall drive as close as practicable to the right-hand curb or edge of the roadway. 13 AAC 02.050(b)
Posted (Minimum) Speed Limit:
Other: I. Maximum speed when towing a mobile home is 45 MPH. 13 AAC 02.325(b)1
II. Maximum speed in a marked public school or playground is 20 MPH. 13 AAC 02.325(d)1
III. Maximum speed when passing a school displaying flashing yellow lights is 20 MPH. 13 AAC 02.325(e)1
Adjudication of Speed Law Violations :
Civil/Criminal Adjudication of Violation: A Violation of the Above Regulations is an Infraction and Is Not Considered a Criminal Offense. 1 §28.40.050(c) & (d)
Other: N/A
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years, Etc.):N/A §28.40.050(d)
Mandatory Minimum Term:
Fine:
Amount ($ Range): Not more than $300 §28.40.050(c)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: A person may be required to participate in a driver improvement course if he/she accumulates 6 or more points within 12 months or 9 or more points within 24 months. §28.15.253
Other: A driver who has accumulated sufficient points to be considered a problem driver may be required to appear for a driver improvement interview. 13 AAC 08.240(a)
Licensing Action:
Type of Licensing Action
(Susp/Rev): Licensing Action is via a point system.
Term of License Withdrawal
(Days, Months, Years, etc.):
Mandatory Minimum Term of
Withdrawal:
Miscellaneous Sanctions
Not Included Elsewhere: N/A
Other Criminal Actions Related to Speeding :
Racing on Highway : 13 AAC 02.330 via §28.05.011
Sanctions:
Criminal Sanction: This offense is an Infraction and is not considered to be a Criminal Offense. §28.40.050(c)
Imprisonment (Term): N/A §28.40.050(d)
Mandatory Minimum Term:
Fine ($ Range): Not more than $300 §28.40.050(c)
Mandatory Minimum Fine: None
Administrative Licensing Action: Licensing Action is via a point system.
Licensing Authorized and Type of Action: N/A
Length of Term of Licensing Withdrawal: N/A
Mandatory Action‑‑Minimum Length of License Withdrawal: N/A
Other: N/A
Reckless Driving : Based on a Substantial and Unjustifiable Risk of Harm to Persons or Property. §28.35.040
Sanction: Misdemeanor. §28.35.040(b)
Criminal:
Imprisonment (Term): Not more than 1 year. §28.35.040(b)
Mandatory Minimum Term of Imprisonment: None
Fine ($ Range): Not more than $1,000. §28.35.040(b)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Revocation. §28.15.181(a)(6) & (b)
Length of Term of License Withdrawal Action: 1st offense-Not less than 30 days; 2nd offense (within 10 years)- Not less than 1 year; 3rd or subsequent offense (within 10 years)-Not less than 3 years. §28.15.181(b)
Mandatory Term of License Withdrawal Action: 1st offense-None. A limited license for employment may be granted. If this type of driving privilege is allowed, it must remain in effect for at least 60 days; 2nd offense (within 10 years)-Not less than 1 year; 3rd or subsequent offense (within 10 years)-Not less than 3 years. §28.15.181(b)
Other: A driver also accumulates points for this offense.
Negligent Driving : Based on an Unjustifiable Risk of Harm to Persons or Property Where There is an Actual Danger (e.g., Accident). §28.35.045
Sanction:
Criminal: A violation of this provision is an Infraction which is a non criminal offense. §28.35.045(c)
Imprisonment (Term): N/A. §28.40.050(d)
Mandatory Minimum Term of Imprisonment: N/A
Fine ($ Range): Not more than $300. §28.35.050(c)
Mandatory Minimum Fine: None
Administrative Licensing Actions: Licensing Action is via a point system.
Type of Licensing Action (Susp/Rev):
Length of Term of License Withdrawal Action: N/A
Mandatory Term of License Withdrawal Action: N/A
Other: N/A
Commercial Motor Vehicle (CMV) Operators 5 :
Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations" 6 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §28.33.140(a)(6) & (c)
Period of Disqualification : 2 serious violations (within 3 years)-Not less than 60 days; 3 serious violations (within 3 years)-Not less than 120 days. §28.33.140(c)
Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §28.33.140(c)
This State establishes speed limits via regulations. These regulations have been promulgated via Alaska Statutes §28.05.011. Comment: It appears that speed regulations could also have been established via §§19.10.070 and 19.10.072. A violation of these statutory provisions, which would, no doubt, include the regulations promulgated under them, would be a misdemeanor. The sanctions for this misdemeanor are a jail term of not more than 1 year and/or a fine of from $10 to $500. §19.45.002
This includes the establishment of different highway speed limits (1) for different types of vehicles (e.g., persons who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. 13 AAC 02.280(c)
Point System: I. A person's license is suspended for 1 month if he/she either (1) accumulates 12 or more points within a 12-month period or (2) accumulates 18 or more points within a 24-month period. The suspension period is 3 months if person accumulates the required points a second time within a subsequent 24-month period. If the person has had two prior point related suspensions within 24 months and subsequently accumulates the required points within the proscribed period of time, driving privileges are revoked for 1 year. §§28.15.221 and 13 AAC 08.230. II. The following points are assessed for speeding violations: (1) in a school zone or playground crosswalk-6 points; (2) 3 to 9 MPH over the speed limit-2 points; (3) 10 to 19 MPH over the speed limit-4 points; and, (4) 20 or more MPH over the speed limit-6 points. 13 AAC 08.210(11). III. Ten (10) points are assessed either for reckless driving or for speed contest-racing (racing on the highways). 13 AAC 08.210(3) & (4). IV. Six (6) points are assessed for negligent driving. 13 AAC 08.230(7). V. Four (4) points are assessed for careless driving (a municipal code offense). 13 AAC 08.210(13). 13 AAC 08.210(21)
No limited driving privileges for employment can be granted. §28.15.181(b)
A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,000 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §28.40.100(a)(2)
A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving or negligent driving. §28.33.190(11)(A) & (B)
JURISDICTION: ALABAMA
This chapter summarizes Alabama State statutes related to speed.
General Reference: Code of Alabama
Basis for a Speed Law Violation :
Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards than existing. §32-5A-170
Statutory Speed Limit: I. 30 MPH in any urban district. §32-5A-171(1)
II 35 MPH on any unpaved road. §32-5A-171(2)(a)
III 45 MPH on any county-maintained paved road in an unincorporated area. §32-5A-171(2)(b)
IV 55 MPH on highways (except interstate highways or highways with 4 or more lanes). §32-5A-171(3)
V 70 MPH on interstate highways. §32-5A-171(4)
VI 65 MPH on a highway with 4 or more lanes. §32-5A-171(4)
VII 55 MPH for vehicles carrying explosives, flammable liquids or hazardous wastes except as authorized by the governor. §32-5A-171(5)
Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Director of Public Safety and the State Highway Director may increase or decrease the above maximum speed limits on the State highway system. §§32-5A-171(7) & 32-5A-172
II. Based on engineering and traffic investigations and subject to approval by the State Highway Department, local governments may increase or decrease the speed limits on the highways under their jurisdiction. §32-5A-173
III. State or local authorities may set special maximum safe speed limits for either bridges or elevated structures. §32-5A-176
Basis for a Speed Law Violation :
IV. The State Department of Transportation is authorized to establish speed limits on either urban or rural construction zones along State and Interstate highways. §32-5A- 176.19(a)
Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §32-5A-174(a)
II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §32-5A-80(b)
Posted (Minimum) Speed Limit: A posted minimum speed on a road or highway may be established. Such action must be based on engineering and traffic studies. §32-5A-174(b)
Other: N/A
Adjudication of Speed Violations :
Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §32-5A-8(a)
Other:
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): 1st offense-Not more than 10 days; 2nd offense (within 1 year)-Not more than 30 days; Subsequent offense (within 1 year)-Not more than 3 months. §32-5A-8(b)
Mandatory Minimum Term: None
Fine:
Amount ($ Range): 1st offense-Not more than $100; 2nd offense (within 1 year)-Not more than $200; Subsequent offense (within 1 year)-Not more than $500. §32-5A-8(b)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School:
Other: Double Fines: The find is doubled the amount usually prescribed if a person exceeds the posted speed limit in a construction zone along a state or interstate highway, if construction personnel are present. §32-5A-176.1(a)
Sanctions Following an Adjudication of a Speed Law Violation :
(continued)
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension via a Point System that is based on the frequency and seriousness of the traffic offenses. §32-5A-195(k)(2)
Term of License Withdrawal
(Days, Months, Years, etc.): Not more than 1 year §32-5A-195(m)
Mandatory Minimum Term of
Withdrawal: None
Miscellaneous Sanctions
Not Included Elsewhere: Court Authorized Licensing Action: In addition to any other sanction for a criminal violation of the traffic laws, the court may issue an order "forbidding" an offender from operating a motor vehicle for either a specified period of time or perpetually. An appellate court may modify this order. §32-5-316
Other Criminal Actions Related to Speeding :
Racing on Highway : Misdemeanor §§32-5A-8(a) & 32-5A-178(a)
Sanctions:
Criminal Sanction:
Imprisonment (Term): 1st offense-5 to 90 days; Subsequent offense-10 days to 6 months. §32-5A-178(d)
Mandatory Minimum Term: None
Fine ($ Range): 1st offense-$25 to $500; Subsequent offense-$50 to $500. §32-5A-178(d)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension. §§32-5A-178(d) & 32-5A-195(k)(8) Suspension via the Point System.
Length of Term of
Licensing Withdrawal: 1st or subsequent offense-6 months. §32-5A-178(d) Suspension via the Point System-60 to 365 days.
Mandatory Action‑‑Minimum
Length of License
Withdrawal: None
Other Criminal Actions Related to Speeding :
(continued)
Other: The Court may order a suspension not exceeding 6 months. §32-5A-178(d)
Reckless Driving : Misdemeanor. §§32-5A-8(a) & 32-5A-190(a)
Sanction:
Criminal:
Imprisonment (Term): 1st offense-5 to90 days; Subsequent offense-10 days to 6 months. §32-5A-190(b)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): 1st offense-$25 to $500; Subsequent offense-$50 to $500. §32-5A-190(b)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): 1st or subsequent offense-Suspension §32-5A-190(b). For 3 Offenses (within 1 year)-Revocation §32-5A-195(j)(7)
Length of Term of License
Withdrawal Action: Suspension Offenses-Not more than 6 months §32-5A-190(b) Revocation Offenses-The law does not specify a revocation period 11.
Mandatory Term of License
Withdrawal Action: None
Other: N/A
Commercial Motor Vehicle (CMV) Operators 12 :
Grounds for Disqualification : A person is disqualified from operating a CMV if, while driving such a vehicle, he/she (1) commits 2 "serious traffic violations 13 " within a 3-year period or (2) commits 3 such violations within a 3-year period. §32-6-49.11(e)
Period of Disqualification : 2 serious violations (within 3 years)-Not less than 60 days; 3 serious violations (within 3 years)-Not less than 120 days §32-6-49.11(e)
Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §32-6-49.11(e)
Important: Under separate provisions of State law, a person who is disqualified from operating a CMV under Federal Regulations (49 CFR 383.51) because he/she has committed either 2 serious traffic law violations within 2 years or 3 such violations within 3 years while operating a CMV also commits a misdemeanor with the following sanctions: jail for not more than 30 days and/or a fine of not less than $25 or more than $2,000. In addition, the court may prohibit the offender from operating a CMV for a period of time specified by the court or perpetually. §§32-9A-2 and 32-9A-4. Note: Under Federal Regulations a “serious traffic violation” is defined to include either speeding ³15 MPH over the speed limit or reckless driving (49 CFR 383.5)
Under §32-5A-171(6), the governor is authorized to change the maximum speed limits in order to allow the State to receive Federal highway construction and maintenance funds.
This includes the establishment of different highway speed limits (1) for different types of vehicles (e.g., persons who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §32-5A-172
It appears that §32-5A-176 has replaced §32-5-92 although this later section has not been specifically repealed. Under §32-5-92, State and local officials are authorized to establish maximum safe speed limits for public bridges, causeways or viaducts. However, this section provides for the following criminal sanctions for a violation of the posted safe speed limit: 1st offense-a jail term of not more than 10 days and/or a fine of not more than $100; 2nd offense (within 1 year)-a jail term of not more than 20 days and/or a fine of not more than $200; and, 3rd or subsequent offense (within 1 year)-a jail term of not more than 6 months at hard labor and/or a fine of not more than $500.
Point System: I. An offender who accumulates 12 to 14 points in 2 years is subject to a 60-day suspension. An offender who accumulates 15 to 17 points in 2 years is subject to a 90-day suspension. An offender who accumulates 18 to 20 points in 2 years is subject to a 120-day suspension. An offender who accumulates ³ 24 points in 2 years is subject to a 365-day suspension. These suspension periods are not mandatory, as the licensing agency may modify them. II. The following points are assigned to speeding or speed related offenses: reckless driving-6 points; speeding in excess of 85 MPH (i.e., ³ 86 MPH)-5 points; speeding in excess of the posted speed limit-2 points §32-5A-195 & Regulation 760-X-1-07
However, the law does provide that a person's license or driving privileges cannot be suspended for more than 1 year. §32-5A-195(m).
A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with State or Federal laws. §32-6-49.3(5)
A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §32-6-49.3(21)(a)
1Under §32-5A-171(6), the governor is authorized to change the maximum speed limits in order to allow the State to receive Federal highway construction and maintenance funds.
2This includes the establishment of different highway speed limits (1) for different types of vehicles (e.g., persons who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §32-5A-172
3It appears that §32-5A-176 has replaced §32-5-92 although this later section has not been specifically repealed. Under §32-5-92, State and local officials are authorized to establish maximum safe speed limits for public bridges, causeways or viaducts. However, this section provides for the following criminal sanctions for a violation of the posted safe speed limit: 1st offense-a jail term of not more than 10 days and/or a fine of not more than $100; 2nd offense (within 1 year)-a jail term of not more than 20 days and/or a fine of not more than $200; and, 3rd or subsequent offense (within 1 year)-a jail term of not more than 6 months at hard labor and/or a fine of not more than $500.
4 Point System: I. An offender who accumulates 12 to 14 points in 2 years is subject to a 60-day suspension. An offender who accumulates 15 to 17 points in 2 years is subject to a 90-day suspension. An offender who accumulates 18 to 20 points in 2 years is subject to a 120-day suspension. An offender who accumulates ?24 points in 2 years is subject to a 365-day suspension. These suspension periods are not mandatory, as the licensing agency may modify them. II. The following points are assigned to speeding or speed related offenses: reckless driving-6 points; speeding in excess of 85 MPH (i.e., ?86 MPH)-5 points; speeding in excess of the posted speed limit-2 points §32-5A-195 & Regulation 760-X-1-07
5However, the law does provide that a person's license or driving privileges cannot be suspended for more than 1 year. §32-5A-195(m).
6 A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ?26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with State or Federal laws. §32-6-49.3(5)
7 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §32-6-49.3(21)(a)
However, the law does provide that a person's license or driving privileges cannot be suspended for more than 1 year. §32-5A-195(m).
A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with State or Federal laws. §32-6-49.3(5)
A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §32-6-49.3(21)(a)
JURISDICTION: ARKANSAS
This chapter summarizes Arkansas State statutes related to speed.
General Reference: Arkansas Code Annotated
Basis for a Speed Law Violation :
Basic Speed Rule: No person shall drive a vehicle at speed that is greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards than existing. §27-51-201(a)(1)
Statutory Speed Limit: Controlled-Access Highways-The maximum speed is determined via engineering and traffic studies.1
See Other below. §27-51-201(b)(1)
30 MPH2 in urban districts. §27-51-201(c)(1)
50 MPH for trucks with a capacity ³ 1½ tons in other locations (except controlled access highways). §27-51-201(c)(2)
60 MPH for other vehicles in other locations (except controlled access highways). §27-51-201(c)(3)
Posted (Maximum) Speed Limit: I. Based upon engineering and traffic studies, the State Highway Commission may alter the above statutory speed limits on the State highway system.3 §27-51-204
II. Based on engineering and traffic investigations, local governments may increase the speed limits on highways within their jurisdictions. However, no speed limit can be >45 MPH. §27-51-206(b)
III. Based on an investigation, the State Highway Commission may establish safe maximum speed limits for bridges or other elevated structures. §27-51-209(a) & (b)
Minimum Speed Limit: I. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §27-51-208(b)
II. A person shall not operate a motor vehicle continuously in the left lane of a multi-lane
roadway whenever it impedes the flow of other traffic. §27-51-301(b)
Posted (Minimum) Speed Limit: Based upon engineering and traffic studies, a minimum speed limit for any highway may be established. §27-51-208(b). Note: Via signs, slower moving traffic may be directed to use designated lanes. §27-51-302(2)
Other: I. 30 MPH is the maximum speed for a vehicle which is either over width, over length or over height and has a gross weight of ³ 64,000 lbs. §27-51-201(c)(4)
II. 55 MPH is the maximum speed while towing a manufactured home or mobile home. However, on highways with a posted speed limit of <55 MPH, the posted speed limit applies. The Highway and Transportation Department may set speed limits less than 55 MPH or those posted via a restriction on the oversize permit issued to any specific vehicle. §27-51-210.
III. 10 MPH is the maximum speed while operating a vehicle equipped with solid rubber or cushion tires. §27-51-211
IV.25 MPH is the maximum speed when passing a school or while in a school zone during school hours when students are present and outside the building. §27-51-212
Adjudication of Speed Law Violations :
Civil/Criminal Adjudication of Violation: A Violation of the Speed Laws is a Misdemeanor Offense. §§27-50-304, 27-50-305 & 27-51-214
Other: Speeding in Excess of 15 MPH over the posted speed limits is a Class C misdemeanor. §27-50-302(7).
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions: Note: Except as Noted, the Following Sanctions Apply to all Speed Law Violations.
Imprisonment:
Term (Day, Month, Years,
Etc.): 1st offense-Not more than 10 days; 2nd offense (within 1 year)-Not more than 20 days; 3rd or subsequent offense (within 1 year)-Not more than 6 months. §§27-50-304 & 27-50-305
Speeding in School Zone - 1st offense-1 to 10 days; 2nd offense (within 1 year)-5 to 25 days; 3rd or subsequent offense (within 1 year)-25 days to 6 months. §27-51-214
Mandatory Minimum Term: Speeding in School Zone4- 1st offense-1 day; 2nd offense (within 1 year)-5 days; 3rd or subsequent offense (within 1 year)-25 days. §27-51-214
Fine:
Amount ($ Range): 1st offense-Not more than $100; 2nd offense (within 1 year)-Not more than $200; 3rd or subsequent offense (within 1 year)-Not more than $500. §§27-50-304 & 27-50-305
Sanctions Following an Adjudication of a Speed Law Violation :
(continued)
Speeding in School Zone - 1st offense-$25 to $100; 2nd offense (within 1 year)-$50 to $250; 3rd or subsequent offense (within 1 year)-$250 to $1,000. §27-51-214
Mandatory Min. Fine ($): Speeding in School Zone- 1st offense-$25; 2nd offense (within 1 year)-$50; 3rd or subsequent offense (within 1 year)-$250. §27-51-214
Other Penalties:
Traffic School: Attendance at driver's training school may be required. §27-50-306(3)
Other: Highway Work Zone: The fine is doubled if the offense is committed in a highway work zone when construction personnel are present and where signs indicating a “double fine zone” are posted. §27-50-408(b)(1)(A)
Driving >15 MPH Over the Speed Limit: It is a Class C Misdemeanor to operate a motor vehicle in excess of 15 MPH over the posted speed limit. The sanctions for this offense are imprisonment for not more than 30 days and/or a fine of not more than $100. §§5-4-201(b)(3), 5-4-401(b)(3) & 27-50-302(7)
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension via the Courts.5 §27-50-306(1) Suspension or Revocation via a Point System.6
Speeding in School Zone - 2nd offense (within 1 year)-Suspension; 3rd offense (within 1 year)-Suspension. §27-51-214(2)(B) & (3)(B)
Term of License Withdrawal
(Days, Months, Years, etc.): Not more than 1 year.7 §27-50-306(1)
Speeding in School Zone - 2nd offense (within 1 year)-6 months; 3rd offense (within 1 year)-1 year. §27-51-214(2)(B) & (3)(B)
Mandatory Minimum Term of
Withdrawal: Speeding in School Zone- 2nd offense (within 1 year)-6 months; 3rd offense (within 1 year)-1 year. §27-51-214(2)(B) & (3)(B)
Miscellaneous Sanctions
Not Included Elsewhere: Special Fine for Speeding in Heavy Trucks: On interstate highways or state highways which have a posted speed limit for trucks different from other motor vehicles, a person driving a truck weighing ³ 20,000 lbs. in excess of 5 MPH of the posted speed limit is subject to a fine of $50 for each MPH exceeding the posted speed limit in excess of 5 MPH. This fine is in addition to all other fines and court costs. §27-50-311
Multiple Violations: Arkansas law also provides that it is a Class C Misdemeanor to commit 3 violations within 12 months. Sanctions: jail-Not more than 30 days; and, fine-not more than $100. §§5-4-201(b)(3), 5-4-401(b)(3) & 27-50-302(8)
Other Criminal Actions Related to Speeding :
Racing on Highway : Class A Misdemeanor §§27-50-302(1) & 27-50-309
Sanctions:
Criminal Sanction:
Imprisonment (Term): Not more than 1 year §5-4-401(b)(1)
Mandatory Minimum Term: None
Fine ($ Range): Not more than $1,000 §5-4-201(b)(1)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension via the Courts §27-50-306(1). Suspension or Revocation via the Point System
Other (continued)
Length of Term of
Licensing Withdrawal: Not more than 1 year 5 §27-50-306(1)
Mandatory Action‑‑Minimum
Length of License
Withdrawal: None
Other: I. 2nd offense (within 6 months)-An offender may be fined an amount not exceeding double that for a 1st offense and is subject to a license revocation for not more than 60 days; 3rd or subsequent offense (within 6 months)-An offender may be fined an amount not exceeding double that for a 1st offense and is subject a license revocation for not more than 6 months. §27-51-102(b)(1) & (2) Important: See the “notes” in the annotated version of the Arkansas Statutes for the application of §27-51-102.
II. A person may be required to attend a driver's training school. §27-50-306(3)
III. Highway WorkZone: The fine is doubled if the offense is committed in a Highway Work Zone. §27-50-408(b)(1)(A)
Reckless Driving : Class B Misdemeanor §§27-50-302(2) & 27-50-308
Sanction:
Criminal:
Imprisonment (Term): I. Non-Injury Related Offense: 1st offense-5 to 90 days §27-50-308(b)(1)(B); 2nd or subsequent offense (within 3 years)-30 days to 6 months. §27-50-308(b)(2)(A)
II. Injury Related Offense- 1st offense-30 to 90 days §27-50-308(b)(1)(A); 2nd or subsequent offense8 (within 3 years)- 60 days to 1 year. §27-50-308(b)(2)(B)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): I. Non-Injury Related Offense: 1st offense-$25 to $500 §27-50-308(b)(1)(B); 2nd or subsequent offense (within 3 years)-$500 to $1,000. §27-50-308(b)(2)(A)
II. Injury Related Offense- 1st offense- $100 to $1,000 §27-50-308(b)(1)(A); 2nd or subsequent offense (within 3 years)- $500 to $1,000. §27-50-308(b)(2)(B)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via the Courts §27-50-306(1) or Suspension or Revocation via the Point System
For 3 convictions within 12 months-Revocation §27-16-905(5)
Length of Term of License
Withdrawal Action: Suspension for not more than 1 year §27-50-306(1)
Revocation for 1 year §27-16-912
Mandatory Term of License
Withdrawal Action: For 3 convictions within 12 months-1 Year Revocation §§27-16-905(5) & 27-16-912
Other: I. A person may be required to attend a driver's training school. §27-50-306(3)
II. Highway Work Zone: The fine is doubled if the offense is committed in a Highway Work Zone. §27-50-408(b)(1)(A)
Careless and Prohibited Driving : Violation §§5-1-108, 27-50-301 & 27-51-104(a)
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term
of Imprisonment:
Fine ($ Range): Not more than $100 §27-51-104
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via the Courts §27-50-306(1) Suspension or Revocation via the Point System
Length of Term of License
Withdrawal Action: Not more than 1 year §27-50-306(1)
Mandatory Term of License
Withdrawal Action: None
Other: I. A person may be required to attend a driver's training school. §27-50-306(3)
II. Highway Work Zone: The fine is doubled if the offense is committed in a Highway Work Zone. §27-50-408(b)(1)(A)
Commercial Motor Vehicle (CMV) Operators9 :
Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she either (1) commits 2 "serious traffic violations"10 within a 3 - year period, or (2) commits 3 such violations within a 3 - year period. §27-23-112(e)
Period of Disqualification : 2 serious violations (within 3 years)-Not less than 60 days; 3 serious violations (within 3 years)-Not less than 120 days. §27-23-112(e)
Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §27-23-112(e)1 However, the speed limit on controlled-access highways for trucks with a ³ 1½ ton capacity must be established at 10 MPH below that established for automobiles. §27-51-201(b)(2)
2 This appears to be a prima facie speed limit. §§27-51-201(e) & 27-51-202(a)
3 16 Under this authority, the State Highway Commission has established the following speed limits: on rural freeways, 70 MPH for cars and 65 MPH for trucks; on suburban freeways, 60 MPH for all vehicles; on urban freeways, 55 MPH for all vehicles; and, on rural expressways with high-type partial control of access, 60 MPH for all vehicles. Minute Order Revisions 74-007, 87-110, 88-010, 96-148, 97-104 and 98-215
4 The law appears to make the minimum sanction mandatory.
5 A suspension of not more than 1 year may be imposed by the court. This suspension is based upon a review of the offender's driving record. §27-50-306 & Cook v. State, 968 S.W.2d 589 ( Ark. 1998)
6 Point System: I. If an offender accumulates between 14 and 17 points, his/her license is suspended from 3 to 6 months. If an offender accumulates between 18 and 23 points, his/her license is suspended from 6 months to 1 year. If an offender accumulates more than 24 points, his/her license is either suspended for not less than 1 year or revoked for no more than 1 year. II. The following points are assigned for speeding and speed related offenses: racing on the highway-8 points; reckless driving-8 points; careless (or negligent) driving-3 points; hazardous driving-3 points; driving less than the minimum speed limit-3 points; impeding traffic-3 points; driving too fast for conditions-3 points; speeding 0 to 10 MPH over the limit-3 points; speeding 11 to 20 MPH over the limit-4 points; speeding 21 to 30 MPH over the limit-5 points; speeding ³ 31 MPH over the limit-8 points; §27-14-403(a), §27-16-907 & Regulation 1-27-16-907(G) Note: Although listed as offenses under the point system, the Arkansas Code does not make either hazardous or unsafe driving an offense under State law.
7 I. The offender may be granted conditional or restricted driving privileges during a suspension. §27-50-306(2). II. Suspension or revocation under the point system is discretionary.
8 The sanctions for a second or subsequent injury offense also apply where the first offense was non-injury related but where the second or subsequent one was so related. §27-50-308(b)(2)(B)
9 A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §27-23-103(7)
10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §27-23-103(23)
JURISDICTION: ARIZONA
This chapter summarizes Arizona State statutes related to speed.
General References: Arizona Revised Statutes Annotated and Arizona Administrative Code (AAC)
Basis for a Speed Law Violation :
Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent speed under the conditions and actual and potential hazards then existing. §28-701(A) & (D)
Statutory Speed Limit: I. 15 MPH approaching a school crossing.1 §28-701(B)(1)
II. 5 MPH in business or residential district. §28-701(B)(2)
III. 65 in other locations. §28-701(B)(3)
IV. 65 MPH on interstate highways outside of urban areas with a population ³ 50,000. §28-702.04(A) See II under Posted (Maximum) Speed Limit below.
V. 65 MPH (1) for vehicles weighing >26,000 lbs. excluding vehicles designed to carry 16 on more persons including the driver or (2) for vehicles drawing a pole trainer weighing ³ 6,000 lbs. §28-709(A)
Posted (Maximum) Speed Limit: I. (1) Based on engineering and traffic investigations, the Director of the State Department of Transportation may alter or vary the above statutory speed limits on the State highway system.2 §28-702. (2) Based on engineering and traffic investigations, the Department may increase the speed limit for vehicles >26,000 or for vehicles drawing a pole trailer.3 §28-709(B)
II. Based on engineering and traffic investigations, the Director of the State Department of Transportation may increase the maximum speed limit on interstate highways
Basis for a Speed Law Violation: (continued)
outside of urban areas with a population ³ 50,000 to 75 MPH. §§28-702 & 28-702.04(C)
III. Based on engineering and traffic investigations, local governments may increase (but not >65 MPH) or decrease the speed limits on highways under their jurisdiction. §28-703
IV. Based on an investigation, the Director of the State Department of Transportation may establish a safe maximum speed limit of any bridge or elevated structure. §28-706(B) & (C)
Minimum Speed Limit: I. A person shall not drive a motor vehicle at a speed that is less than that which is reasonable and prudent under the existing circumstances. §28-701(E)
II. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §28-704(A)
III. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §28-721(B)
Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the Director of the State Department of Transportation or local government officials may establish a minimum speed limit on a highway. §28-704(B). Note: Slower moving traffic may be directed to use designated lanes. §28-729(3)
Other: I. A person shall not drive a vehicle that is equipped with solid rubber tires >10 MPH. §28-706(A)
II. A person shall not drive a vehicle that is towing a trailer or semi-trailer at a rate of speed that causes the trailer or semi-trailer to sway laterally from the lane of traffic. §28-896
Adjudication of Speed Law Violations :
Civil/Criminal Adjudication of Violation: A Violation of the Speed Laws is a Civil (Non Criminal) Traffic Infraction §28-121(B)
Other:
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): N/A
Mandatory Minimum Term:
Fine:
Amount ($ Range): Not more than $2504 §28-1598
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)
II. The court may allow a violator to attend defensive driving school. The civil charges shall be dismissed if the offender successfully completes the course. However, a person can only attend this course once in any 24-month period. §§28-3392 & 28-3394
Other: An offender is also subject to assessments which can be £ 60% of the fine imposed. §§12-116.01 & 12-116.02
Licensing Action:
Type of Licensing Action
(Susp/Rev): Licensing action is via a point system.5
Special Note: On highways with posted maximum speed limits of 55 MPH, a person who is convicted of a speeding offense where the speed was >55 MPH but £ 65 MPH is not subject to licensing action. §28-702.01(B)
Term of License Withdrawal
(Days, Months, Years, etc.):
Mandatory Minimum Term of
Withdrawal: N/A
Miscellaneous Sanctions
Not Included Elsewhere: N/A
Other Criminal Actions Related to Speeding :
Racing on Highway : Class 1 Misdemeanor. A second or subsequent violation within 24 months is a Class 6 felony. §28-708(A) & (B)
Sanctions:
Criminal Sanction:
Imprisonment (Term): 1st offense-Not more than 6 months; 2nd or subsequent offenses -no more than 1 year. §§13-701(C)(5) & 13-707(A)(1)
Mandatory Minimum Term: 1st offense-None; 2nd or subsequent offense (within 24 months)-10 days.6 §28-708(B)
Fine ($ Range): 1st offense-Not less than $2,500; §13-802(A). 2nd or subsequent offenses- (Class 6 felony) Not more than $150,000. §13-801(A)
Mandatory Minimum Fine: 1st offense-Not less than $250; 2nd or subsequent offenses-Not less than $500. §28-708(C) &(D)
Administrative Licensi ng Action: Licensing Action is t aken via Courts. §28-708(D)
Licensing action is also possible via the Point System.
Type of Action: 1st offense-Suspension; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Revocation. §§28-708(D) & 28-3304(A)(7)
Length of Term of
Licensing Withdrawal: 1st offense-Not more than 90 days; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Not more than 1 year. §§28-708(D) & 28-3315(A)
Mandatory Action‑‑Minimum
Length of License
Withdrawal: 1st offense-None; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Mandatory Revocation. However, the law does not provide for a specific revocation period. §§28-708(F) & 28-3315(A)
Other: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)
II. An offender is also subject to assessments which can be £ 60% of the fine imposed. §§12-116.01 & 12-116.02
Reckless Driving : Class 2 Misdemeanor. A second or subsequent violation within 24 months is a Class 1 misdemeanor. §28-693(A), (B) & (D)
Sanction:
Criminal:
Imprisonment (Term): 1st offense-Class 2 Misdemeanor-Not more than 4 months; 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-Not more than 6 months. §13-707(A)(1) & (2)
Mandatory Minimum Term
of Imprisonment: 1st offense-Class 2 Misdemeanor-None; 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-20 days. §28-693(D)(2)
Fine ($ Range): 1st offense-Class 2 Misdemeanor-Not more than $750; 2nd or subsequent offense (within 24 months)-Class 1 Misdemeanor-Not more than $2,500. §13-802(A) & (B)
Mandatory Minimum Fine: None
Administrative Licensing Actions: Licensing action is taken by Agency via the Courts. §28-693(C) & (D)
Note: Licensing action is also possible via the Point System.
Type of Licensing Action
(Susp/Rev): 1st offense-Suspension; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Revocation. §§28-693(C) & (D) and 28-3304(A)(7)
Length of Term of License
Withdrawal Action: 1st offense-Not more than 90 days; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Not more than 1 year. §§28-693(B) & 28-3315(A)
Mandatory Term of License
Withdrawal Action: 1st offense-None; 2nd or subsequent offense (within 24 months or within 60 months under §28-3304(A)(7))-Mandatory Revocation. However, the law does not provide for a specific revocation period. §§28-3315(A) & 28-693(D)(4)
Other: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)
II. An offender is also subject to assessments that can be as high as 70% of the fine imposed. §§12-116.01 & 12-116.02
Excessive Speed7 : Class 3 Misdemeanor. §28-701.02(B)
Sanction:
Criminal:
Imprisonment (Term): Not more than 30 days. §13-707(A)(3)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): Not more than $500. §13-802(C)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Licensing action is via a point system.
Length of Term of License
Withdrawal Action:
Mandatory Term of License
Withdrawal Action:
Other: I. The licensing agency may require an offender to attend and successfully complete a Traffic Survival School. §§28-3306 & 3307 and AAC R17-4-506 (via the point system)
Other Criminal Actions Related to Speeding : II. The court may allow a violator to attend defensive drivin g school. The criminal charges
shall be dismissed if the offender successfully completes the course. However, a person can only attend this course once in any 24-month period. §28-3392 & 28-3393
III. An offender is also subject to assessments which can be as high as 70% of the fine imposed. §§12-116.01 & 12-116.02
Aggressive Driving8 : Class 1 Misdemeanor. §28-695(A), (B) & (D)(1)
Sanction:
Criminal:
Imprisonment (Term): Not more than 6 months. §13-707(A)(1)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): Not more than $2,500. §13-802(A)
Mandatory Minimum Fine: None
Administrative Licensing Actions: A person may also be subject to a 2-point assessment under the Point System. AAC R-17-4-506
Type of Licensing Action
(Susp/Rev): 1st offense-Suspension; 2nd or subsequent offense (within 24 months)-Revocation. §28-695(C)(2) & (D)(2)
Length of Term of License
Withdrawal Action: 1st offense-30 days; 2nd or subsequent offense (within 24 months)-1 year. §28-695(C)(2) & (D)(2)
Mandatory Term of License
Withdrawal Action: 1st offense-None; 2nd or subsequent offense (within 24 months)-1 year. §28-695(C)(2) & (D)(2)
Other: I. 1st offenders must “attend and successfully complete approved Traffic Survival School training and education sessions that are designed to improve the safety and habits of drivers....” §§28-695(C)(1) & 28-3307
II An offender is also subject to assessments which can be as high as 70% of the fine imposed. §§12-116.01 & 12-116.02
Commercial Motor Vehicle (CMV) Operators9 :
Grounds for Disqualification : A person is disqualified from operating a CMV if while driving such a vehicle he/she (1) commits 2 "serious traffic violations"10 within a 3-year period or (2) commits 3 such violations within a 3-year period. §28-3312(A)(5) & (6)
Period of Disqualification : 2 serious violations (within 3 years)-Not less than 60 consecutive days; 3 serious violations (within 3 years)-Not less than 120 consecutive days. §28-3312(A)(5) & (6)
Period of Mandatory Disqualification : 2 serious violations (within 3 years)-60 consecutive days; 3 serious violations (within 3 years)-120 consecutive days. §28-3312(A)(5) & (6)
1 Exceeding this speed limit "is prima facie evidence that the speed is too great and therefore unreasonable." §28-701(B)
2 This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §28-702. In addition, on multiple lane highways with two or more separate roadways, different prima facie speed limits may be established on each roadway. §28-703.02
3 26 Based upon engineering and traffic investigations, the Department may require these vehicles to operate only in certain lanes on specific highways. §28-736
4 Limited Sanctions for Exceeding a Posted Speed Limit of 55 MPH: On highways with a posted maximum speed limit of 55 MPH, a person who exceeds this limit but whose speed was £ 65 MPH, is subject to a fine of not more than $15 plus assessments which can be £ 60% of the fine imposed. A violation is not to be used to establish motor vehicle insurance rates. This offense is "designated as the waste of finite resource currently in short supply and is considered a civil traffic violation." Note: The regular sanctions for a speeding offense apply, if a person exceeds a 55 MPH speed limit by >65 MPH. §§12-116.01, 12-116.02 and 28-702.01.
5 Point System: A person who accumulates 8 points within 12 months (1) may have his/her license suspended for not more than 1 year or (2) may be required to attend a traffic education and training course. The following points are assessed for speeding and speed related violations: (1) for a violation of any provision of §28-701-3 points; (2) for reckless driving, aggressive driving or racing on the highways-8 points. AAC R17-4-404 (via §28-202(A)) & §28-3315(A)
6 An offender may be allowed to leave the incarceration facility for either employment or educational purposes. §28-693(E) & (F)
7 Excessive speed is defined as driving (1) >35 MPH approaching a school crossing, (2) >20 MPH above a posted speed limit (>45 MPH if there is no posted speed limit) in a business or residential district, or driving >85 MPH in other locations. §28-701.02(A)
8 31 A person commits "Aggressive Driving” if both of the following occur: (1) if during a “course of conduct, ” he/she violates either the Basic Speed Rule (§28-701(A)) or the “Excessive Speed” law (§28-701.02) plus two of the following minor driving offenses: (a) failure to obey traffic control devices; (b) overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway; (c) unsafe lane change; (d) following a vehicle too closely; or (e) failure to yield the right-of-way; and, (2)his/her “driving is an immediate hazard to another person or vehicle.” “Course of conduct” means “a series of acts committed during a single, continuous period of driving.” §28-695(A) & (F)
9 A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,001 lbs., is a school bus, bus, or is transporting hazardous materials which requires that the vehicle be placarded in accordance with U.S. Department of Transportation regulations. §28-3001(3)
10 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH, reckless driving, aggressive driving or racing on the highway. §28-3312(F)
JURISDICTION: CALIFORNIA
This chapter summarizes California State statutes related to speed.
General Reference: West's Annotated California Codes
Basis for a Speed Law Violation :
Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and surface and width of, the highway.1 In no event, shall a speed such as to endanger the safety of persons or property. Veh. Code §22350
Statutory Speed Limit: 65 MPH2 (except as noted below) Veh. Code §§22349(a) & 22356
See Other below. 55 MPH on two lane undivided highway. Veh. Code §22349(b)
25 MPH3 (prima facie limit) in a business or residence district. Veh. Code §22352(a)(2)
25 MPH near a children's playground.4 Veh. Code §22357.1
15 MPH5 (prima facie limit) on any alley. Veh. Code §22352(a)(1)(C)
Posted (Maximum) Speed Limit: I. Based on engineering and traffic surveys, the State Department of Transportation may establish prima facie speed limits of 60, 55, 50, 45, 40, 35, 30 or 25 MPH on the State highway system.6 Veh. Code §22354
II. Based on engineering and traffic surveys, a local government may decrease the 65 MPH speed limit on applicable highways within its jurisdiction. Such government may establish prima facie speed limits of 60, 55, 50, 45, 40, 35, 30 or 25 MPH on such highways.
Veh. Code §§22358(a) & 22360
III. Based on engineering and traffic surveys, a local government may increase the above prima facie 25 MPH speed limit. Such government may establish prima facie
Basis for a Speed Law Violation : (continued)
speed limits of 30, 35, 40, 45, 50, 55, 60 or 65 MPH on highways under its jurisdiction.7 Veh. Code §22357
IV. Notwithstanding other provisions of law, a city or county located within the South Coast Air Quality Management District may establish on unpaved roads a prima facie speed limit lower than permitted in order to comply with air quality standards. Veh. Code §22365
V. Based on engineering and traffic surveys, a local government may decrease the above 25 MPH prima facie speed limit to either 15 or 20 MPH on streets under its jurisdiction having a width not more than 25
feet. Veh. Code §22358.3VI. Based on engineering and traffic surveys, a local government may lower the above 25 MPH prima facie 15 or 20 MPH for business and residential districts or school zones. Veh. Code §22358.4
VII. Based on engineering and traffic surveys, the State or a local government on highways within their respective jurisdictions may establish different prima facie speed limits for different roadways. Veh. Code §22361.
VIII. When ice or snow conditions exist, the State Department of Transportation or a local government on highways under their respective jurisdictions may establish prima facie speed limits of 40, 35, 30 or 25 MPH. Veh. Code §22363
IX. Based on engineering and traffic surveys, the State Department of Transportation may establish different speed limits for highway lanes on the State highway system. Veh. Code §22364
X. The State Department of Transportation or a local government may establish a safe maximum speed limit (but not <5 MPH) for bridges, elevated structures, tubes or tunnels on the highway under their respective jurisdictions. Veh. Code §§22402, 22403, 22404 & 22405
Minimum Speed Limit: I. A person shall not drive a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. Veh. Code §22400(a)
II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb.
Veh. Code §21654(a)
Posted (Minimum) Speed Limit: Based on engineering and traffic surveys, the State Department of Transportation may establish a minimum speed on any part of the State highway system. Veh. Code §22400(b)
Other: I. 25 MPH is the maximum speed for vehicles with solid tires and having a gross vehicle weight for ³ 10,000 but <16,000 lbs. Veh. Code §22409
II. 15 MPH is the maximum speed for vehicles equipped with solid tires and having a gross vehicle weight for ³ 16,000 but <22,000 lbs. Veh. Code §22409
III. 12 MPH is the maximum speed for vehicles equipped with solid tires and having a gross vehicle weight of
≥22,000 lbs. Veh. Code §22409
IV. 55 MPH8 is the maximum speed for: (1) A motor truck, (2) a track tractor having three or more axles, (3) a motor truck or track tractor drawing any other vehicle, (4) a passenger vehicle or bus drawing any other vehicle, (5) a school bus while transporting pupils, (6) a farm labor vehicle while transporting passengers, (7) a vehicle transporting explosives or (8) a trailer bus. Veh. Code §22406. These vehicles must be driven in the right-hand lane or as close as practicable to the right curb. Veh. Code §22348(c)
V. 6 MPH is the maximum speed for vehicles equipped with metal tires. Veh. Code §22410
Adjudication of Speed Law Violations :
Civil/Criminal Adjudication of Violation: All Law Speed Violations are Infractions. Veh. Code §§22351, 40000.1 & 42001(a)
Other: Important. See Miscellaneous Sanctions below.
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions:
Imprisonment: Term (Day, Month, Years,
Etc.): None
Mandatory Minimum Term:
Fine:
Amount ($ Range): 1st offense-Not more than $100.9 2nd offense (within 1 year)-Not more than $200. 3rd or subsequent offense (within 1 year)-Not more than $250. Veh. Code §42001(a)(1), (2) & (3)
See III under Miscellaneous Sanctions below.
Mandatory Min. Fine ($): None
Sanctions Following Adjudication of a Speed Law Violation:
(continued)
Other Penalties:
Traffic School: Court ordered traffic violator school. Veh. Code §42005
Other: I. Traffic Violation Points.10 An offender is assessed 1 point on his/her driving record. Veh. Code §12810(e)
II. Special State/County Penalties (Fines).11
Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension. Veh. Code §13200
Term of License Withdrawal
(Days, Months, Years, etc.): 1st offense-Not more than 30 days. 2nd offense-Not more than 60 days. 3rd or subsequent offense-Not more than 6 months. Veh. Code §1320012
Mandatory Minimum Term of
Withdrawal: None
Miscellaneous Sanctions
Not Included Elsewhere: I. The following fines apply to offenses involving exceeding the basic speed rule (Veh. Code §22350), exceeding 55 MPH in a bus, motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor drawing any other vehicle (Veh. Code §22406) or exceeding the speed established for a bus, motor truck, truck tractor (with 3 or more axles) or any motor truck or truck tractor drawing any other vehicle when descending a
grade. (Veh. Code §22407): 1st offense-Not more than
$100. 1st offense (where speed was ³ 10 MPH over the limit)-Not more than $200. 2nd or subsequent offense-Not more than $300. Veh. Code §42000.5
II. For speeding in a tank vehicle transporting >500 gallons of flammable liquids, in willful or wanton disregard for the safety of others, a person is subject to the following additional sanctions: 1st offense-Not more than $500. 2nd or subsequent offense (within 2 years)-Not more than $2,000 and suspension of hazardous material or cargo tank endorsement for £ 6 months. Veh. Code §22406.5
III. If the imposition of an infraction fine would impose a hardship (offender or his/her family), the court may sentence such person to perform community service in lieu of the “total fine” (i.e., the base fine, all assessments, penalties and additional monies). Penal Code §1209.5
Other Criminal Actions Related to Speeding :
Racing on Highway13 : Misdemeanor Veh. Code §§23109 & 40000.15
Sanctions:
Criminal Sanction:
Imprisonment (Term): Speed Contest: 1st offense-24 hours to 90 days. Subsequent offense (within 5 years)-4 days to 6 months. Veh. Code §23109(e) & (f)
Exhibition of Speed : Not more than 90 days. Veh. Code §23109(i)
Mandatory Minimum Term: Speed Contest: 1st offense-None. Subsequent offense (within 5 years)-48 hours. Veh. Code §23109(f)
Exhibition of Speed : None
Fine ($ Range): Speed Contest: 1st offense-$355 to $1,000.14
Subsequent offense:
Fine: ($Range) (within 5 years)-$500 to $1,000. Veh. Code §23109(e) & (f)
Mandatory Minimum Fine: Exhibition of Speed: Not more than $500. Veh. Code §23109(i) Speed Contest: 1st or subsequent offense (within 5 years)-None. Exhibition of Speed: None
Administrative Licensing Action:
Type of Action: For Speed Contest-Suspension. Veh. Code §13352(a)(8) and 23109(e) & (f)
Length of Term of
Licensing Withdrawal: Speed Contest: 1st offense-Suspension 90 days to 6 months. Veh. Code §§13352(a)(8) & 23109(e) Subsequent offense (within 5 years)-Suspension 6 months. Veh. Code §§13352(a)(9) & 23109(f)
Exhibition of Speed : None
Mandatory Action‑‑Minimum
Length of License
Withdrawal: Speed Contest: 1st or subsequent offense (within 5 years)-None15
Other Criminal Actions Related to Speeding : (continued)
Exhibition of Speed : None
Other: I. Speed Contest: 1st or subsequent offense (within 5 years)-If the vehicle is owned by the offender, it may be impounded from 1 day to 30 days. Veh. Code §23109(h)
II. For either offense, the court may order an offender to attend a traffic violator school. Veh. Code §42005
III. Traffic Violation Points. An offender is assessed 2 points on their driving record. Veh. Code §12810(d)(1)
IV. Special State/County Penalties (Fines).
Reckless Driving16 : Misdemeanor Veh. Code §§23103(a),
40000.15 & 40000.24
Sanction:
Criminal:
Imprisonment (Term): 5 days to 90 days. Veh. Code 23103(c)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): $145 to $1,000. 4 Veh. Code 23103(c)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension or Revocation. Veh. Code §§13200 & 13351(a)(2)
Length of Term of License
Withdrawal Action: 1st offense-Not more than 30 days suspension. 2nd offense- Not more than 60 days suspension. 3rd or subsequent offense- Not more than 6 months suspension. Veh. Code §13200. Three (3) or more offenses (within 12 months)- 3 years revocation. Veh. Code §13351(a)(2) & (b)
Mandatory Term of License
Withdrawal Action: Three (3) or more offenses (within 12 months)-Revocation for 3 years. Veh. Code §13351(a)(2) & (b)
Other: I. The court may order an offender to attend a traffic violator school. Veh. Code §42005
II. Traffic Violation Points: An offender is assessed 2 points on the driving record. Veh. Code §12810(c)
III. Impoundment: If the reckless driving offense involved motor vehicle operation at a speed ³ 100 MPH, the vehicle owned and driven by the offender may be impounded for a 1st offense not more than 6 months and
for a 2nd offense not more than 12 months . Veh. Code §
23592
IV. Special State/County Penalties (Fines).
Reckless Driving Causing Bodily Injury : Misdemeanor/Felony Veh. Code §§23104, 40000.15 & 40000.24 and Penal Code §17
Sanction:
Criminal:
Imprisonment (Term): 1st offense (Misdemeanor)-30 days to 6 months (in the county jail) Subsequent offense (Misdemeanor/Felony)-30 days to 6 months (in either the State prison17 or county jail) Veh. Code §23104(a) & (b)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): 1st or subsequent offense-$220 to $1,000 Veh. Code §23104(a) & (b)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Revocation18 Veh. Code §§13350(a)(3) & 13351(a)(2)
Length of Term of License
Withdrawal Action: 1 year. Veh. Code §13350(c). Three (3) or more offenses (within 12 months)- Revocation for 3 years. Veh. Code §13351(a)(2) & (b)
Mandatory Term of License
Withdrawal Action: 1 year. Veh. Code §13350(c). Three (3) or more offenses (within 12 months)- Revocation for 3 years. Veh. Code §13351(a)(2) & (b)
Other: I. The court may order an offender to attend a traffic violator school. Veh. Code §42005
II. Traffic Violation Points: An offender is assessed 2 points on the driving record. Veh. Code §12810(c)
III. Special State/County Penalties (Fines).
Speed in Excess of 100 MPH : Infraction Veh. Code §22348(b)
Sanction:
Criminal:
Imprisonment (Term): None
Mandatory Minimum Term
of Imprisonment: N/A
Fine ($ Range): 1st or subsequent offense-Not more than $500 Veh. Code §§22348(b) & 42000.1. See III Other below.
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension. Veh. Code §§22348(b), 13200.5 and 13355(a) & (b)
Length of Term of License
Withdrawal Action: 1st offense-Not more than 30 days. Veh. Code §§22348(b)(1) & 13200.5 2nd offense (within 3 years)-6 months. Veh. Code §§22348(b)(2) & 13355(a) 3rd or subsequent offense (within 5 years)-1 year. Veh. Code §§22348(b)(3) & 13355(b)
Mandatory Term of License
Withdrawal Action: None. Note: For a 1st offense, suspension is discretionary. For 2nd and subsequent offenses, suspension is mandatory. However, restricted driving privileges are available to allow an offender either to travel to and from work or to perform employment related duties. Veh. Code §§22348(b)(1), 13200.5 and 13355(a) & (b)
Other: I. Traffic Violator School (discretionary) Veh. Code §42005
II. Traffic Violation Points: An offender is assessed 2 points on the driving record.
Veh. Code §12810(d)(1)
III. If a fine for an infraction would impose a hardship on an offender or their family, the court may sentence such person perform community service in lieu of the “total fine” (i.e., the base fine, all assessments, penalties and additional monies). Penal Code §1209.5
IV. Special State/County Penalties (Fines).
Commercial Motor Vehicle (CMV) Operators19 :
Grounds for Disqualification : No person may operate a CMV if he/she has either (1) been convicted of 2 "serious traffic violations"20 within a 3 - year period or (2) been convicted of 3 such violations within a 3 - year period while driving a CMV. Veh. Code §§15306 & 15308
Period of Disqualification : 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Veh. Code §§15306 & 15308
1 It is a prima facie violation of the basic speed rule to exceed a construction zone speed limit. A construction zone speed limit cannot be <25 MPH. Veh. Code §22362
2 Based upon engineering and traffic surveys, the State Department of Transportation may increase the maximum speed limit to 70 MPH. Veh. Code §22356(a) Note: Neither the 65 MPH nor 70 MPH maximum speed limits apply to certain types of vehicles per Veh. Code §22406.
3 Or (1) when approaching or passing a school which is not separated from the highway by a physical barrier, with a standard "school" warning sign while children are going to or leaving the school or during school hours or (2) when passing a facility used by senior citizens with a standard "senior" warning sign. Veh. Code §22352(b)(2) & (3)
4 This limit is established by local authorities.
5 Or when traversing either a uncontrolled railway crossing or uncontrolled highway intersection where the driver does not have a clear and unobstructed view. Veh. Code §22352(a)(1)(A) & (B)
6 Also, based on engineering and traffic surveys, the State Department of Transportation may establish different speed limits for various times of the day or night. Veh. Code §22355
7 A local government may also establish a prima facie speed limit of 25 MPH on highways under its jurisdiction that are adjacent to a children's playground in a public park. However, such a speed limit is only to be effective during hours when children are expected to use such playground. Veh. Code §22357.1
8 Based on engineering and traffic surveys, the State Department of Transportation may reduce the 55 MPH maximum speed limit for motor trucks or truck tractors having gross vehicle weight ³ 10,000 lbs. while in a descending grade. The speed limit for these vehicles may be established at 50, 45, 40, 35, 30, 25 or 20 MPH. Veh. Code §22407
9 A person who exceeds the speed limit on certain segments of certain highways designated as “Safety Enhancement- Double Fine” zones is subject to a fine sanction which is one category higher than the amount otherwise prescribed by the uniform traffic fine schedule. Note: Additional forfeitures or assessments, which are based on the fine imposed, are to be calculated using only the base fine prior to the above enhancement. Streets and Highways Code §97 and Veh. Code §§40310 & 42010. Veh. Code §40310 provides that the California Judicial Council shall establish a uniform traffic fine schedule. Streets and Highways Code §97 and Veh. Code §42010 are effective only until January 1, 2004 unless a later enacted statute declares otherwise.
10 Point System: A person is presumed to be a negligent driver if he/she accumulates 4 or more points in 12 months, 6 or more points in 24 months, or 8 or more points in 36 months. Such a driver can have his/her driving privileges suspended for not more than 6 months. However, he/she may obtain restricted driving privileges for use during the scope of his/her employment. Veh. Code §§12809, 12810, 12810.5, 12812, 13359 & 13556
11 44 Special State Penalty (Fine): An additional State penalty of $10 is assessed against every defendant for every $10 of a fine (or fraction thereof) actually imposed and paid by a defendant. Penal Code §§1463(h) & 1464(a)
Special County Penalty (Fine): An additional county penalty of $7 is assessed against every defendant for every $10 of a fine (or fraction thereof) actually imposed and paid by a defendant. Gov’t. Code §76000 and Penal Code §§1463(h)
Note : The portion of any fine that has been either suspended or reduced is not considered when calculating these assessments.
12 This code provision does not state a time period within which a second or subsequent offense must be committed after a first in order to impose enhanced sanctions. As a result, it appears that the enhanced licensing sanctions apply regardless of the time lapse between first, second or subsequent offenses.
13 The law makes it an offense to "engage in any motor vehicle speed contest on a highway" or "engage in any exhibition of speed on a highway".
14 Double Fines: A fine, double the amount otherwise prescribed by law, may be imposed on a person who commits a racing or reckless driving misdemeanor offense on the segments of certain highways designated as “Safety
Enhancement’ Double Fine” zones. Note: Additional forfeitures or assessments, which are based on the fine imposed, are to be calculated using only the base fine prior to the above enhancement. Streets and Highways Code §97 and Veh. Code §42010. These sections are repealed January 1, 2004.
48 For either a first or subsequent offense, an offender may obtain restricted driving privileges for the purpose of traveling to and from work or to perform duties within the scope of their employment. Veh. Code §23109(e) & (f)
15
16 49 Eluding a Police Officer: A person who either flees or attempts to elude a police while driving “in a willful or wanton disregard for the safety of persons or property,” is subject to the following sanctions: Imprisonment in either the State prison or county jail for 6 months to 1 year and/or a fine of not less than $1,000 not more than $10,000. The law defines “willful or wanton disregard for the safety of persons or property” to include (but is not limited to) the commission of three or more traffic law violations for which points can be assigned under Vehicle Code §12810 (e.g., exceeding the speed limit, racing on the highway, reckless driving) while fleeing or attempting to elude a police officer. Veh. Code §2800.2
Assault Using a Motor Vehicle (Road Rage): A person who commits an assault in violation of Penal Code §245(a) using a motor vehicle (commonly know as “road rage”) against another motor vehicle, an operator of a bicycle or a pedestrian, in addition to criminal sanctions (imprisonment for either 2, 3 or 4 years in State prison or not more than 1 year in a county jail plus a fine of not more than $10,000), is subject to the following licensing actions: 1st offense-suspension for 6 months; and, 2nd or subsequent offense-suspension for 1 year. However, either in lieu of or in addition to such licensing action, a person may be ordered to complete a court-approved course on either anger management or “road rage.” Veh. Code §13210
17 Under Penal Code §17, a person, who is punished by imprisonment in the State prison, is considered to have committed a felony.
18 The offender is also subject to license suspension for not more than 6 months under Veh. Code §13201.
19 A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,001 lbs., were the towed vehicle weighs ³ 10,000 lbs., is a trailer bus, is carrying a hazardous materials which require that the vehicle be placarded in under either the Vehicle or Health and Safety codes. Veh. Code §§12804.9(b), 15210(b)(1) & (k) and 15278(a)(4)
20 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. Veh. Code §15210(i), 49 USC §31301(12) & 49 CFR 383.5
JURISDICTION: COLORADO
This chapter summarizes Colorado State statutes related to speed.
General Reference: Colorado Revised Statutes and Code of Colorado Regulations (CCR)
Basis for a Speed Law Violation :
Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions then existing. §42-4-1101(1)
Statutory Speed Limit: 65 MPH1 on the interstate system2 §42-4-1101(2)(g)
See Other below. 55 MPH on an open highway not on the interstate system §42-4-1101(2)(f)
30 MPH in a residence district3 §42-4-1101(2)(c)
40 MPH on open mountain highways §42-4-1101(2)(d)
25 MPH in a business district §42-4-1101(2)(b)
20 MPH on narrow, winding mountain highways or blind curves §42-4-1101(2)(a)
Posted (Maximum) Speed Limit: I. State and local authorities, based on traffic investigations and surveys, may alter (increase or decrease) the above speed limits.4 Exceeding this speed limit is prima facie evidence that such speed was not reasonable. However, no posted speed limit may be >75 MPH. §§42-4-1101(4) & (8)(d) and 42-4-1102
II. The State, based on traffic investigations and surveys, may establish maximum speed limits for elevated structures. §42-4-1104(2)
III. The State may establish highway maintenance, repair and construction zones. Such a zone must be posed with appropriate signs that designate that "double fines" are in effect for speeding violations that are committed in such zones. §42-4-614
Minimum Speed Limit: I. A person shall not drive a motor vehicle at such a slow speed so as to impede or block the normal and reasonable forward movement of traffic. §42-4-1103(1)
II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. §§42-4-1001(2) & 43-4-1103(3)
Posted (Minimum) Speed Limit: The State or local authorities, based on traffic investigations and surveys, may post a minimum speed limit on any part of a highway. §42-4-1103(2)
Other: I. 45 MPH for all vehicles in the business of transporting trash §42-4-1101(2)(e)
II. A person shall not drive a vehicle over any bridge or other elevated structure at an unsafe speed. §42-4-1104(1)
Adjudication of Speed Law Violations :
Civil/Criminal Adjudication of Violation: Except as noted under Miscellaneous Sanctions, all speed law violations are Class A Traffic Infractions. §§42-4-603(5), 42-4-1001(4), 42-4-1101(12), 42-4-1103(5), 42-4-1104(4) & 42-4-1701(1)
Other: N/A
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): None
Mandatory Minimum Term:
Fine:
Amount ($ Range): $15 to $100. §42-4-1701(3)(a)(I)
Mandatory Min. Fine ($): Per Penalty Schedule5 §42-4-1701(4)(a)(I)(L)
Other Penalties:
Traffic School: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717
Other: Double Fines: The penalties and surcharges imposed for speeding offenses are doubled if the offense occurred in either (1) a maintenance, repair, or construction zone or (2) a “school zone.” §§42-4-613, 42-6-615, 42-4-1701(II) (A), 42-4-1701(4)(c) & (d)
Licensing Action:
Type of Licensing Action (Susp/Rev): Suspension via a Point System6 §42-2-127(1)
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 $300, plus the offender must pay restitution and may be required to perform some community service. §42-4-1701(3)(a)(II)
Other Criminal Actions Related to Speeding :
Racing on Highway : Speed Contest Class 2 Misdemeanor Traffic Offense. §42-4-1105(1) & (3)
Sanctions:
Criminal Sanction:
Mandatory Minimum Term: None
Fine ($ Range): $10 to $300. §42-4-1701(3)(a)(II)(A)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension via a Point System. §42-2-127. For this offense, a driver is assessed 12 points which results in suspension under the point system. §42-2-127(1)(a) & (5)(c)
Length of Term of
Licensing Withdrawal: Not more than 1 year §42-2-132(1)
Mandatory Action‑‑Minimum
Length of License
Other Criminal Actions Related to Speeding :
(continued)
Withdrawal: None. A probationary license with restrictions may be issued §42-2-127(12)
Other: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717
Reckless Driving7: Class 2 Misdemeanor Traffic Offense §42-4-1401
Sanction:
Criminal:
Imprisonment (Term): 1st offense-10 to 90 days §42-4-1701(3)(a)(II)(A); 2nd or subsequent offense-10 days to 6 months. §42-4-1401(2)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): 1st offense-$10 to $300. §42-4-1701(3)(a)(II)(A) 2nd or subsequent offense-$50 to $1,000. §42-4-1401(2)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension via a Point System §42-2-127 For this offense, a driver is assessed 8 points. §42-2-127(1)(a) & (5)(d)
Revocation for 3 reckless driving offense convictions within 2 years §42-2-125(1)(f)
Length of Term of License
Withdrawal Action: Suspension for not more than 1 year. §42-2-132(1)
Revocation for 1 year. §42-2-132(2)
Mandatory Term of License
Withdrawal Action: Suspension in not mandatory. A probationary license with restrictions may be issued. §42-2-127(12)
Revocation is for a mandatory period of 1 year. §42-2-132(2)
Other: A person may be required to attend a course of instruction on traffic laws, hazardous driving situations and accident prevention. §42-4-1717
Careless Driving8 : Class 2 Misdemeanor Traffic Offense or, if there is Other
Criminal Actions Related to Speeding :
Careless Driving: (continued) bodily injury or death to another person , Class 1
Misdemeanor Traffic Offense. §42-4-1402(2)
Sanction:
Criminal:
Imprisonment (Term): Non injury/death related offense-10 to 90 days. Injury/Death related offense-10 days to 1 year. §42-4-1701(3)(a)(II)(A)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): Non injury/death related offense-$10 to $300. Injury/Death related offense-$100 to $1,000. §42-4-1701(3)(a)(II)(A)
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 4 points. §42-2-127(1)(a) & (5)(e)
Length of Term of License
Withdrawal Action: Not more than 1 year. §42-2-132(1)
Mandatory Term of License
Withdrawal Action: 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
Commercial Motor Vehicle (CMV) Operator9s 62 :
Grounds for Suspension : A person's CDL privilege is suspended, if while driving a CMV, he/she either (1) commits 2 "serious traffic violations”10 within a 3-year period or (2) commits 3 such violations within a 3-year period. §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)
Period of Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)
Period of Mandatory Suspension : 2 serious violations (within 3 years)-60 days; 3 serious violations (within 3 years)-120 days. §42-2-403(2) and 1 CCR 204-12(6) & (7)(d)
1 Based upon traffic investigations and surveys, the posted maximum limit may be increased to 75 MPH. §42-4-1102
2 It is a per se violation (not a prima facie violation) to operate a motor vehicle above this speed limit. §42-4-1101(8)
3 Operating a motor vehicle in excess of this speed limit is prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. §42-4-1101(4)
4 Colorado law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day. However, the law provides that signs may be erected directing traffic to use ce rtain lanes. §42-4-1007(1)(c) This provision can be used to limit the speed of certain vehicles (e.g., trucks) on specific highway lanes.
5 The following fines and surcharges respectively are levied for speeding violations: fifteen dollars ($15) and $2 for going 1 to 4 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit; thirty-five dollars ($35) and $4 for going 5 to 9 MPH over either the reasonable and prudent speed or the 75 maximum limit; fifty dollars ($50) and $6 for going 10 to 19 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit; one hundred dollars ($100) and $12 for going 20 to 24 MPH over either the reasonable and prudent speed or the 75 MPH maximum limit; thirty-five dollars ($35) and $4 for failure to decrease speed when hazardous conditions exist; fifteen dollars ($15) and $2 for violating either the minimum speed law (§42-1-1103) or posted maximum speed limits on elevated structures (§42-4-1104). §42-4-1701(4)(a)(I)(L)
6Point System: I.Point Accumulation. A driver's license is subject to suspension if the driver accumulates 12 points within 12 consecutive months or 18 points with 24 consecutive months. For provisional drivers, suspension would occur if they accumulate either 9 points within 12 consecutive months, 12 points within any 24 consecutive months or 14 points from the time the provisional license was issued. In the case of minor drivers, suspension would occur if they accumulate 5 points within 12 consecutive months or 6 points from the time the license was issued. For chauffeurs, suspension would occur if they accumulate (while in the course of employment) either 16 points in 1 year, 24 points in 2 years or 28 points in 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) & 42-4-110.5(3)
7 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) & 18-3-205(1)(a) & (b)
8 Operating a motor vehicle in a careless and imprudent manner without due regard for the width, grade, curves, corners, traffic and use of the streets and all other attendant circumstances. §42-4-1402(1)
9 A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §42-2-402(4)(a)
10 A “serious traffic violation” includes exceeding the speed limit by 15 or more MPH or reckless driving. §42-2-403(2), 1 CCR 204-12(6) & (7)(d) and 49 CFR 383.5.
JURISDICTION: CONNECTICUT
This chapter summarizes Connecticut State statutes related to speed.
General References: Connecticut General Statutes Annotated and Regulations of Connecticut State Agencies (RCSA)
Basis for a Speed Law Violation :
Basic Speed Rule: Traveling Unreasonably Fast. No person shall drive a motor vehicle at a rate of speed greater than is reasonable, having regard to the width, traffic and use of highway, road or parking area, the intersection of streets and weather conditions. §14-218a(a)
Statutory Speed Limit: 65 MPH on multiple lane, limited access highways that are suitable for such a speed limit §§14-218a(b) & 14-219(a)
55 MPH upon other highways §14-219(a)
See Other below. 50 MPH for a school bus on a divided limited access highway §14-281a(a)
40 MPH for a school bus on all other highways §14-281a(a)
Posted (Maximum) Speed Limit: The State Traffic Commission may determine speed limits1 on any highway, bridge, or parkway. §14-218a(a)
Minimum Speed Limit: I. No person shall operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §14-220(a)
II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane available for traffic or as close as practicable to the right-hand curb or edge of the highway. §14-230(b)
Posted (Minimum) Speed Limit: 40 MPH2 on a limited access divided highway. §14-220(a)
Other: I. Driving such a rate of speed as to endanger the life of a vehicle occupant. §14-219(a)
II. A person must obtain a special permit to operate a vehicle on a highway with a normal speed £15 MPH while transporting 3 or more persons for pleasure purposes (whether or not for hire). §14-221
Adjudication of Speed Law Violations :
Civil/Criminal Adjudication of Violation: All Speed Law Violations are Infractions. §§14-218a(c), 14-219(b), 14-220(c), 14-221, 14-230(d) & 14-281a(c)
Other:
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years, Etc.): None
Mandatory Minimum Term: N/A
Fine:
Amount ($ Range): I. Except for speed law offenses committed under §14-219, a fine of not more than $50. §14-296
II. For speed law offenses committed under §14-219, a fine of $35 to $90.3 §51-164m(c)
III. $35 to $90 or $100 to $150 if the offender was operating a truck.4 For speeds (1) >65 MPH but £ 70 MPH on multiple line limited access highways with a speed limit of 65 MPH, (2) >55 MPH but £ 70 MPH on other multiple line limited access highways and (2) on any other highway >55 MPH but £ 60 MPH. §§14-219(b) and 51-164m(c) & (d)
IV. $100 to $150 or 150 to $200 if the offender was operating a truck. For speeds (1) >70 MPH but £ 85 MPH on multiple line limited access highways and (2) on any other highway >60 MPH but £ 85 MPH. §§14-219(b) & (c) & 51-164m(d)
Mandatory Min. Fine ($): None
Other Penalties:
Traffic School: Driver Retraining Program. I. A person, who commits 2 or more moving violations, may be required to complete a driver-retraining program. §14-111g
Other: Double Fines. If the speeding offenses occurred in a designated construction zone, the fine sanction is double the usual amount. §1 of Public Act 95-181
Licensing Action:
Type of Licensing Action
(Susp/Rev): I.Suspension or Revocation-For offenses committed
under §14-219. §14-111b
II. Suspension under either the Point System or for Unsafe Vehicle Operation for other speeding
violations.5 §14-111 and RCSA §§14-137-
82, 14-137a-5 & 14-137a-8
Term of License Withdrawal
(Days, Months, Years, etc.): I. For offenses committed under §14-219: 1st, 2nd or 3rd offense-Not more than 30 days (but only if the court recommends suspension or revocation). §14-111b(a) 4th offense (within 2 years)-Not more than 30 days. 5th offense (within 2 years)- Not more than 60 days.
Subsequent offense (within 2 years)- 6 months. §14-111b(b) & (c)
II. For Other Speeding Violations: 30 days if the requisite number of points have been accumulated.
Mandatory Minimum Term of
Withdrawal: The above licensing actions may be mandatory.
Miscellaneous Sanctions
Not Included Elsewhere: N/A
Other Criminal Actions Related to Speeding :
Racing on Highway6: Misdemeanor. §§14-224(c) & (g) and 53a-26(a)
Sanctions:
Criminal Sanction:
Imprisonment (Term): 1st offense or subsequent offense (within 10 years)-Not more than 1 year. §§14-1(a)(69) & 14-224(g)
Mandatory Minimum Term: None
Fine ($ Range): 1st offense-$75 to $600. Subsequent offense (within 10 years)- $100 to $1,000. §§14-1(a)(69) & 14-224(g)
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension under either the Point System or for Unsafe Vehicle Operation. §14-111 and RCSA §§14-137-82, 14-137a-5 & 14-137a-8
Length of Term of
Licensing Withdrawal: 30 days if the requisite number of points have been accumulated.
Mandatory Action‑‑Minimum
Length of License
Withdrawal: The above licensing actions may be mandatory.
Other: N/A
Reckless Driving : 70 Misdemeano7r §§14-222 & 53a-26(a)
Sanction:
Criminal:
Imprisonment (Term): 1st offense- Not more than 30 days. 2nd or subsequent offense- Not more than 1 year. §14-222(b)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): 1st offense- $100 to $300. 2nd or subsequent offense- not more than $600. §14-222(b)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
(Susp/Rev): Suspension. §14-111(b)
Length of Term of License
Withdrawal Action: 1st offense-30 to 90 days. Subsequent offense- Not less than 90 days. §14-111(b)
Mandatory Term of License
Withdrawal Action: 1st offense-30 days. Subsequent offense- 90 days. §14-111(b) Note: Given the wording in §14-111(b), these suspensions appear to be mandatory.
Other: N/A
Commercial Motor Vehicle (CMV) Operator8s 71 :
Grounds for Disqualification : A person is disqualified from operating a CMV if while
driving such a vehicle he/she (1) commits 2 "serious traffic violations9" 72 within a 3 - year period or (2) commits 3 such violations within a 3 - year period. §14-44k(h)
Period of Disqualification : 2 serious violations (within 3 years)-Not less than 60 days. 3 serious violations (within 3 years)- Not less than 120 days. §14-44k(h)
Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days. 3 serious violations (within 3 years)- 120 days. §14-44k(h)
1 "[D]iffering limits may be established for different types of vehicles...." In addition, any speed in excess of this limit is prima facie evidence that such speed was not reasonable. §14-218a(a) Note: Local governments may establish speed limits on the streets under their jurisdiction. However, such speed limits must be approved by the State Traffic Commission. §14-218a(a)
2 This minimum speed does not apply either (1) to highway maintenance vehicles or (2) to certain types commercial vehicles on grades. §14-220(a)
3 For offenses committed under §14-219, the fine sanctions to be imposed are established by the superior court via a fine schedule. This schedule consists of a sliding fine scale which must be based upon the severity of the violation. §51-164m
4 A truck is defined as "every motor vehicle designed, used or maintained primarily for the transportation of property." §14-260n(4)
5 Point System. I. If a person accumulates 10 points within a 24-month period, his/her license is suspended for 30 days. After such suspension if a person again commits an offense (within 5 years from the beginning of the 30-day suspension period) that raises the point accumulation above 10, his/her license is suspended until the point total is £ 10. Points remain on the driver's record for 24 months from the date of assessment. II. The following points are assessed for speeding violations: One (1) point either for operating at an unreasonable speed under §14-218a, for violating §14-219 or for failing to drive in right-hand lane; two (2) points for driving at such a slow speed as to impede traffic under §14-220; four (4) points for racing on the highways under §14-224(c); and, five (5) points for operating a school bus at an excessive speed under §14-281a. RCSA §§14-137a-5, 14-137a-6 & 14-137-8. History of Unsafe Operation. If a person has had 4 unsafe moving traffic convictions within 2 years, his/her license is subject to a 30-day suspension. Such convictions include most speeding offenses and other rules of the road violations. §14-111(a) & RCSA §14-137-82
6 Under §14-224(c), "[n]o person shall operate a motor vehicle upon any public highway for a wager or for any race or for the purpose of making a speed contest."
7 Reckless driving is defined as operating a motor vehicle either (1) recklessly, having regard to the width, traffic and use of such highway, road , school property or parking area, the intersection of streets and the weather conditions, (2) at a rate of speed as to endanger the life of any person (other the vehicle operator), or (3) at a rate of speed >85 MPH. §14-222(a)
8 A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of ³ 26,001 lbs., is designed to transport 16 or more persons, is designed to transport 10 or more persons and is used to carry students under the age of 21, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §14-1(a)(11)
9 A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §14-1(a)(71)
JURISDICTION: DISTRICT OF COLUMBIA
This chapter summarizes D.C. statutes and regulations related to speed.
General References: D.C. Code and Weil’s Code of D.C. Municipal Regulations (CDCR)
Basis for a Speed Law Violation :
Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. D.C. Code §50-2201.04(a) and CDCR 18-22-2200.3
Statutory Speed Limit: 25 MPH on all streets & highways unless otherwise designated D.C. Code §§50-2201.04(a) and CDCR 18-22- 2200.6
15 MPH in alleys. D.C. Code §50-2201.04(a) and CDCR 18-22-2200.7
15 MPH in streets adjacent to school buildings or playgrounds when indicated by official sign, during recess or when children are going to or leaving school. D.C. Code §50-2201.04(a) and CDCR 18-22-2200.8 & 18-22-2200.9
Posted (Maximum) Speed Limit: Based upon engineering and traffic investigations, the statutory speed limits may be increased or decreased on any highway. D.C. Code §50-2201.03 and CDCR 18-22-2200.2 Note: D.C. law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.
Minimum Speed Limit: I. No person shall drive a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. CDCR 18-22-2200.10
II. A person driving at less than the normal speed of traffic shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway. CDCR 18-22-2201.2
Posted (Minimum) Speed Limit: None
Other:
Adjudication of Speed Law Violations :
Civil/Criminal Adjudication of Violation: Except as Noted Under Miscellaneous Sanctions, All Speed Law Violations are Civil Offenses (Infractions). D.C. Code §50-2201.04 and CDCR 18-22-2200.11
Other:
Sanctions Following an Adjudication of a Speed Law Violation :
Criminal Sanctions:
Imprisonment:
Term (Day, Month, Years,
Etc.): None
Mandatory Minimum Term:
Fine:
Amount (& Range): Violation of Basic Speed Rule-$25. CDCR 18-26-600.1
Violation of the Minimum Speed Rule (Driving at Such a Slow Speed as to Impede or Block Traffic)- $15.1 CDCR 18-26-2600.1
Speed Limit Violations -$30 to $200. The fine imposed depends upon either the extent or type of the speeding offense.2 CDCR 18-26-2600.1
Mandatory Min. Fine ($): None
Other Penalties: None
Administrative Licensing Action:
Type of Licensing Action
(Susp/Rev): Suspension or Revocation via the Point System3 D.C. Code §40-302 and CDCR 18-3-303.1 & 18-3-303.3
Term of License Withdrawal
(Days, Months, Years, etc.): I. Suspension may be from 2 to 90 days depending upon the seriousness of the offense. CDCR 18-3-306.1
II. Revocation-6 months. Note: For subsequent offenses, a longer revocation period is possible. However, such period must for a definite period of time. CDCR 18-3-306.4
Mandatory Minimum Term of
Withdrawal: None
Miscellaneous Sanctions
Not Included Elsewhere: Criminal Offense. Persons are subject to criminal
prosecution if they commit a traffic infraction and have
already accumulated 12 or more points on their driving records within previous 18 months. Under such circumstances, they are subject to a jail term of not more than 10 days and/or a fine of not more than $300. D.C. Code §50-2302.03(a)
Other Criminal Actions Related to Speeding :
Exceeding Speed Limit by 30 MPH :
Sanctions:
Criminal Sanction:
Imprisonment (Term): Not more than 90 days. CDCR 18-22-32200.12
Mandatory Minimum Term: None
Fine ($ Range): Not more than $300. CDCR 18-22-2200.12
Mandatory Minimum Fine: None
Administrative Licensing Action:
Licensing Authorized and
Type of Action: Suspension or Revocation.4 D.C. Code §50-1403.01 & CDCR 18-3- 302.3
Length of Term of
Licensing Withdrawal: I. Suspension-2 to 90 days depending upon the seriousness of the offense. CDCR 18-3-306.1
II. Revocation-6 months. Note: For subsequent offenses, a longer revocation period is possible. However, such period must be for a definite period of time. CDCR 18-3-306.4
III. Five (5) points are assessed against a person's driving record. CDCR 18-3-303.2(f)
Mandatory Action‑‑Minimum
Length of License
Withdrawal: None
Other: Assessment. Serious traffic law offenders are required to pay an assessment of $50 (mandatory) to $250 that is used to finance the Crime Victim’s Compensation Fund. D.C. Code §4-516(a) & Parrish v. District of Columbia, 718 A.2d 133 (D.C. 1998)
Reckless Driving5 :
Sanction:
Criminal:
Imprisonment (Term): 1st offense-Not more than 3 months. Subsequent offense (within 2 years)- Not more than 1 year. D.C. Code §50-2201.04(c)
Mandatory Minimum Term
of Imprisonment: None
Fine ($ Range): 1st offense-Not more than $250. Subsequent offense (within 2 years)- Not more than $1,000. D.C. Code §50-2201.04(c)
Mandatory Minimum Fine: None
Administrative Licensing Actions:
Type of Licensing Action
Reckless Driving
(continued \
(Susp/Rev): Revocation. D.C. Code §50-1403.01 & CDCR 18-3-301.1(d)
Reckless Driving : (continued)
Length of Term of License
Withdrawal Action: 1st offense-6 months. 2nd offense- 1 year. Subsequent offense- 2 years. D.C. Code §50-1403.01(b) & CDCR 18-3-306.5
Mandatory Term of License
Withdrawal Action: 1st offense- 6 months. 2nd offense- 1 year. Subsequent offense- 2 years. D.C. Code §50-1403.01(b) & CDCR 18-3-306.5
Other: I. A person is also assessed 12 points against his/her driving record. See Footnote No. 3. CDCR 18-3-303.2(j)
II.