Speeding Violations

Speeding violations are among the most frequent traffic citations issued in the US. The National Transportation Safety Board (NTSB) estimates that speeding causes approximately 10,000 fatal auto accidents each year. New data from the National Highway Traffic Safety Administration (NHTSA) states that fatalities increased by 8% from 2020 to 2021, with 12,330 souls losing their lives in 2021. Speeding was responsible for almost 30 percent of all deadly traffic accidents, an increase of 7%.

A driver is considered to be "speeding" when traveling above the posted speed limit or at a speed that makes operating a motor vehicle unsafe for given road conditions. Unsafe speed leads to dangerous consequences like:

• Losing control of the vehicle.
• Reducing the motorist’s reaction time.
• Decreasing the efficiency of the passengers’ protection features.
• Increasing the distance needed to safely stop a moving car.
• ramatically intensifying the severity of a car crash and the resulting damages or injuries.

All of the above conditions are aggravated when driving through extreme weather or on hazardous roadways. Most speeding violations are considered infractions rather than criminal offenses. These infractions usually carry a fine or may impact the driver's ability to obtain a driver's license and could increase car insurance rates. However, under normal circumstances they rarely result in jail time or criminal prosecution.

Types of Speed Limit

State and local governments are given the responsibility for setting speed limits in their jurisdictions. According to the Federal Highway Administration, each state provides a basic speed statute requiring every driver to operate their vehicle at a speed that is reasonable and prudent for the conditions.

Most states have a speed limit range consisting of Basic, Prima Facie, and Maximum.

• Basic or absolute speed rules require drivers to operate their vehicles at the posted speed limit. Driving above the limit is illegal. Drivers must control their vehicles prudently and reasonably for the conditions. Drivers can be cited for operating their vehicle under the stated speed if the officer deems the speed is unsafe for the conditions.
• Prima facie or presumed speed limits are in every state’s traffic code. The speed rules depend on location and highway type, such as residential or business districts. A presumed speed limit allows drivers to exceed the posted speed as long as the conditions are ideal and the driver is controlling the vehicle safely.
• Maximum speed laws state that drivers cannot exceed the posted limits in normal traffic flow or pass slower vehicles if doing so puts other drivers at risk. A common myth with this type of speed is officers using speed traps to control a driver’s speed. However, a speed trap is calculated when a driver accelerates between two points to determine how fast the driver is traveling.
• Conditional
• Variable
• Advisory

State legislatures establish speed limits for specific types of roads. These statutory laws are enforceable even if no signs are posted

Legal Consequences of Speeding Violations

America has a deep-seated obsession with speeding and the term "Are we there yet", is ingrained into everyone from birth. However, as vehicles have gotten faster and heavier, speeding violations have increased along with fatality rates.

Speeding tickets can stay on a driver’s record for up to seven years, and in some states, it is a permanent violation mark.

Actions speak volumes:

Speeding Tickets and Punishments (Highest and Lowest Speeding Penalties)

Among the states with the highest speeding ticket values are Virginia, Georgia, and New Jersey:

• Virginia has one of the strictest laws on speeding - exceeding the 80 mph limit could force a driver to pay a $2500 fine and send him to prison for one year.
• Georgia doesn’t hesitate to jail reluctant drivers and impose a $1000 speeding penalty for first-time offenders.
• New Jersey, known for collecting around $30,000 per mile in fees, could issue a speeding ticket limited to $420. However, as soon as someone exceeds the admitted limit by 10 mph, it’s classified as "racing", and the fine is doubled.

On the opposite side, the states with the lowest speeding ticket amounts are North Dakota, Montana, Colorado, Tennessee, and Idaho, where:

• Speeders are fined from $20 to $100 (or $230 in Colorado) and an extra $10 for going 10 mph over the limit.
• Drag racing still gets higher punishments and potentially jail time (in Tennessee).
• First-timers have the highest speeding penalties of up to $600.
• Extra charges also apply for speeding near schools or construction sites.

Points On The Driver’s License

Most states have a driver’s license point system to punish drivers for traffic violations; however, each state differs in how it assigns the points and how long they remain on record. All states are cracking down on speeding violations due to irresponsible driving and rising statistics. Speeding has been the reason for nearly one-third of all vehicle fatalities.

Speeding tickets have dire consequences over time. Points are added to the driving record, which can mean higher insurance rates, loss of driving privileges, and suspension of your license. Insurance rates keep rising for as long as the violation stays on record.

If a driver continues to collect points on their record, insurance companies continue to raise their rates no matter if there has been a speeding violation or not. Over time, if license points are not reduced and continue to accumulate, authorities will categorize the driver as "High-risk", which again has dire consequences.

Potential for Increased Insurance Rates

Depending on several factors, speeding violations can increase a driver's insurance rate by 20% to 30%.

• Location is a prime factor in deciding the consequences of a moving violation. Regulations vary by state and region with some areas having an increase as little as 10%. In other states, cities, and towns, insurance may balloon to as much as 50%.
• Another factor is the insurer itself, which may have a policy of no increase after the first violation or after the second infraction.
• Every company examines a driver's past record to determine if an increase in rates is warranted. The number of accumulated points and any other prior violations are also considered closely to determine future rate increases.
• Each insurance company has its own rules and foundations for evaluating a driving record. Some companies consider age and marital status, while others use the details of the vehicle to determine its rates.

Impact on Driving Record

Speeding infractions always have long-term consequences on a driver’s record. Depending on the precise infraction, most states add points to a driver's record on a sliding scale. For a charge of speeding, the following points may be added:

• Less than 10 mph 2 points are added
• 11 to 24 mph over the limit, 4 points
• 25 mph over the limit, 6 points or more

Speeding violations can have severe short-term effects on a person’s driving habits or a long-term nagging violation that is hard to remove from your record. Most states keep a speeding violation on record for a minimum of 3 to 5 years and up to 7. Some states allow a person to take a defensive driving course and have the violation dismissed entirely.

If a driver accumulates more than twelve points on their record, a license is automatically suspended. In today’s information-rich society, it is entirely possible that driving records and other similar information are considered when a company is hiring.

Is a Speeding Ticket a Misdemeanor or Felony?

The majority of states classify speeding violations as infractions, which is the least serious offense. Driving-related offenses are usually categorized as infractions, misdemeanors, or felonies and penalized according to the state’s jurisdiction, the offender's prior record, and whether the offense involved death or property damage. A traffic infraction is the least severe offense and is usually defined as an act or omission but is not defined as a crime.

A traffic violation can be considered a crime if the punishment is jail time. Whether a moving violation is considered a felony or misdemeanor is determined by jurisdiction. Some criminal offenses are automatically categorized as felonies when considering the circumstances, while other infractions can be classified as misdemeanors.

Driving-related infractions can be elevated from a misdemeanor to a felony if the driver is a repeat offender, such as multiple DUI arrests, or if the infraction involves death or property damage.

When a Speeding Ticket is Considered a Misdemeanor

Each state has its criteria for determining felony or misdemeanor crimes. In some states, speeding is considered a misdemeanor if the driver travels 15 to 35 mph over the limit. If a driver is traveling at a specific speed, such as 100 mph, the crime is a misdemeanor. If the speeding violation has no other factors to add on, the penalties remain the same.

When a Speeding Violation Can Escalate to a Felony

Speeding infractions escalate to a higher charge if other circumstances are added, such as property damage, injury, or death. Every state has its guidelines for a speeding infraction, such as if the driver is operating the vehicle under the influence of alcohol or drugs.

Penalties can be severe if the driver is speeding in certain restricted zones or speeding by a substantial margin. Punishment can mean jail time, suspended driver’s license, and probation.

Speed Limits State-By-State

In the United States, speed limits are individually set by each state and typically vary from an urban low of 25 miles per hour to a rural high of 85 miles per hour. They’re usually posted in multiples of 5 mph, occasionally with minimum limits or lower limits for trucks and nighttime. The average maximum speed limit in the country is 69.8 mph. Some jurisdictions force a minimum speed limit of 40 mph to secure a safe flow of traffic on freeways.

"Criminal" or "Excessive" Speeding

To qualify as "Criminal Speeding", any of the following circumstances must occur:

This offense (also known as "Excessive speeding") can jail drivers for 30 days, force them to pay up to $500 in fines, and strip them of the privilege of driving.