ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Speeding and Other Offenses

Does the type of speed limit change the nature of the complaint against me?

Yes. The complaint and notice or summons to appear for a fixed maximum violation will specify both your alleged speed and the maximum speed allowable within the locality. In contrast, in prima facie jurisdictions, driving above the posted speed limit is not the offense. The police must charge you with driving above a speed that was reasonable and proper given the existing conditions. One example might be driving fifty miles per hour in a school zone.

Speeding laws vary greatly from state to state. Therefore, it is a good idea, for legal and safety reasons, to get into the habit of reducing your driving speed whenever you approach a railway crossing or intersection, drive around a curve, or encounter special hazards, such as severe weather.