Did you know that speeding is a factor in roughly 26% of all traffic deaths? Reckless speeding is dangerous and should be avoided. However, what about a little bit of speeding?
Many people drive a few miles per hour over or under the speed limit. Surely, this isn’t endangering people’s lives. So exactly how much over the speeding limit is considered speeding?
If you’re wondering the answer to that question, then you’re in the right place. This article tackles the complicated subject of lower-limit speeding. Let’s get started!
The 10 MPH Myth (Why It’s Wrong)
Perhaps you’ve heard that myth that it’s fine to drive 10 miles per hour over the speed limit. Unfortunately, this rule of thumb is just that: a myth. Not every police officer will be such a stickler for the rules, but some will.
A police officer will pull you over for speeding that looks unsafe to those around you, and it’s very easy for ten MPH over to look unsafe. Ultimately, it depends on the officer you get and the state you reside in.
At the end of the day, an officer is within their rights to pull you over for going one mile over. The final call depends on the officer and the force’s policy. In some cases, it can also depend on circumstances.
Every police force has variations on how they treat speeding. Some police may be more strict during certain times of the day.
For example, 3 PM near a school may be a more dangerous time to speed than other parts of the day. You also need to consider state speed laws and different limits. We’ll cover these areas next.
How Much Over The Speed Limit Is Considered Speeding?
The answer to the question is complicated. Why? Because it depends on the specific speeding laws in the state you live in. Each state uses one of three types of speed limits.
The most popular type of speed limit is the absolute speed limit. However, there are also basic speed limits and presumed speed limits to consider. It’s important to know which type of speed limit your state imposes.
Why? This type of information helps you form your defense in any speed-limit violations. You can find out which speed limit your state uses by using this guide.
Absolute Speed Limits
An absolute speed limit is pretty easy to understand: if you go one mile over the speed limit, then you’ve broken the law. In these cases, it doesn’t matter how safely you were driving. This will not be taken into your defense.
All that matters is your recorded speed limit. If that speed was over the line, then you would almost always be guilty of speeding, at least to some degree.
Presumed Speed Limits
Presumed speed limits are a little more complicated than absolute speed limits. With these types of laws, the judge of your case will presume that you went over the speed limit. However, you will be given the option to fight this verdict.
You can do this by proving that the conditions you drove in were safe. For example, imagine you got caught going 68 MPH on a 65 MPH highway. Typically this would be illegal.
But, you may be able to convince the judge that there was little traffic and the weather was clear. These would be safe conditions for going a little over. This is one consideration you should keep in mind when deciding whether to fight a speeding ticket.
These types of cases are much easier to win with a good attorney and evidence.
Basic Speed Limits
Basic speed limits are generally more lenient than presumed speed limits. They don’t presume right off the bat that you were speeding or involve any specific speed limits. Instead, they look at whether you were driving safely.
This can depend on a variety of factors. For example, the amount of traffic, the weather, the terrain, the speed, and the presence of pedestrians can all affect the outcome.
With basic speed limits, it’s not just speeding that’s convictable. It’s unsafe conditions in general. As such, going below the speed limit can also be against the law in states with these laws
The Upper and Lower Limits of Speeding
As we mentioned, a police officer is within their rights to pull you over for going even one MPH over the speed limit. However, this doesn’t happen very often. Why is that? Because officers are advised to give drivers a little leeway in the form of upper and lower limits.
You can learn these thresholds by doing a little bit of simple math. Let’s start with the lower limit. This is the limit that police will typically leave you alone at. You can find it by taking the speed limit, adding 10% to it, and then adding two MPH.
So if you were in a 60 MPH lane, then the lower limit would be 68 MPH. This means that you could get away with going 65, 66, or even 67 MPH. Next is the upper limit. If you approach the speed of the upper limit, then you’re likely to get pulled over.
However, you may be able to avoid a fine by taking a speed awareness course. You can find the upper limit by adding 10% to it and then adding nine MPH.
Need Help With Your Speeding Ticket? Contact Louisiana Speeding Ticket Attorneys
We hope this article helped you answer the question, How much over the speeding limit is considered speeding? As you can see, there are many shades of grade to the answer.
However, ultimately a strict officer has the right to pull you over for going even one MPH over the limit. So what should you do if you’re facing unfair speeding charges? Contact a reliable attorney, like louisianaspeedingticket.com.
We’ve defended over a thousand clients against speed violations; we can help you. Get in touch with us immediately to get the best chance of reducing your charges.
