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Is there a 5-7mph leway on speed limits?

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  • Is there a 5-7mph leway on speed limits?

    My husband is a retired mp and told me this, he also stated that it also depends if you get pulled over if an officer just "feels" like giving you a ticket.

    I have also been told by others that there is no leway at all?

    which is it?

  • #2
    no, there isn't.
    sigpic

    I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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    • #3
      It would depend upon IL vehicle code.

      I was a CA cop/sgt. before I was a CO cop.

      In CA the law was 22350 CVC exceeding the posted limit...one mile over and you're there. Did I write it? No. Did I stop for one mile over? Never.

      In CO there are separate sections for speed ranging from 1-4 miles over, 5-9 miles over, 10-19 miles over, and 20 miles over. The section for 1-4 miles over the posted speed limit carries no points and no fine.
      "You're never fully dressed without a smile."

      Pain is inevitable, suffering is optional.

      Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

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      • #4
        Originally posted by Kieth M. View Post
        It would depend upon IL vehicle code.

        I was a CA cop/sgt. before I was a CO cop.

        In CA the law was 22350 CVC exceeding the posted limit...one mile over and you're there. Did I write it? No. Did I stop for one mile over? Never.

        In CO there are separate sections for speed ranging from 1-4 miles over, 5-9 miles over, 10-19 miles over, and 20 miles over. The section for 1-4 miles over the posted speed limit carries no points and no fine.
        Kinda defeats the purpose of a ticket huh?
        sigpic

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        • #5
          its also in the words "speed LIMIT"....officers have discretion, however, and use it
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          • #6
            Umm,aahh, Kieth 22350 cvc is the basic speed law. I think you mean, 22351 a cvc, exceeding prima facie (posted) speed limit. Or 22349 a cvc exceeding 65 mph. Or 22356 b cvc, exceeding 70 mph.

            22350 cvc, no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visabilty, the traffic on, and the surface and width of the, the highway, and in no event at a speed which endangers the safety of person or property.

            This is the section we (traffic cops) write and argue in court all the time. As you know, in CA nobody drives the posted speed limit.
            Last edited by 2wheeldep; 10-20-2009, 09:17 PM. Reason: xxxxx

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            • #7
              Originally posted by 2wheeldep View Post
              Umm,aahh, Kieth 22350 cvc is the basic speed law. I think you mean, 22351 a cvc, exceeding prima facie (posted) speed limit. Or 22349 a cvc exceeding 65 mph. Or 22356 b cvc, exceeding 70 mph.

              22350 cvc, no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visabilty, the traffic on, and the surface and width of the, the highway, and in no event at a speed which endangers the safety of person or property. This is the section we (traffic cops) write and argue in court all the time. As you know, in CA nobody drives the posted speed limit.
              Oh God, gone two years and it's happening!

              I'm forgetting my previous life!

              Hey, wait, maybe that's no so bad, eh?
              "You're never fully dressed without a smile."

              Pain is inevitable, suffering is optional.

              Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

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              • #8
                Dude, I take 2 weeks off and they need to retrain me lol.

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                • #9
                  SUBCHAPTER H. SPEED RESTRICTIONS

                  Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

                  (b) An operator:

                  (1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and

                  (2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

                  (c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:

                  (1) the operator is approaching and crossing an intersection or railroad grade crossing;

                  (2) the operator is approaching and going around a curve;

                  (3) the operator is approaching a hill crest;

                  (4) the operator is traveling on a narrow or winding roadway; and

                  (5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.

                  Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.109, eff. Sept. 1, 1997.
                  Education ... has produced a vast population able to read but unable to distinguish what is worth reading.
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                  • #10
                    In GA, the State Patrol can charge you for any speed over the limit. All other LE agencies have to give you 10 mph over the limit. This only applies for using radar.

                    If you driving is hazardous to traffic, no matter the speed, I can stop you at any speed.
                    Due to the Juvenile bickering and annoying trolling committed by members of this forum I have started an igore list. If your name is listed below I can't see you.

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                    • #11
                      Arizona law also states you shall drive at a speed that is "reasonable and prudent." 10mph over the posted speed may not be reasonable and prudent at 3pm with full on traffic, but at 3am with no traffic you can argue that it is reasonable. Generally nobody that I know of writes anything less than 10mph.

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                      • #12
                        Originally posted by Kieth M. View Post

                        In CO there are separate sections for speed ranging from 1-4 miles over, 5-9 miles over, 10-19 miles over, and 20 miles over. The section for 1-4 miles over the posted speed limit carries no points and no fine.
                        Yep....unless I write in the city under the MTC. But that ticket barely pays for the paper I wrote it on...much less the ink.
                        No points though.

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                        • #13
                          Originally posted by karmashot101 View Post
                          I have also been told by others that there is no leway at all?
                          For IL there is actually a 20 mph leeway on the interstate and a 55 mph leeway on other highways. On the interstates the legal leeways are between 45 mph and 65 mph. On other highways the leeways are between 1 mph and 55 mph. The only change to that are places where the speed limits are set below the maximum levels.
                          IL statute sets the maximum speed limits. IL statutes set the maximum speed limit on interstates at 65 mph and other highways at 55 mph. There is nothing in IL law which grants a leeway for over the maximum limit. If they wanted the speed limit to be 72 MPH on the interstate then the statute would read 72 mph.
                          What an individual officer may grant is entire up to their discretion.
                          Last edited by ISPCAPT; 10-21-2009, 07:48 AM.
                          183 FBINA

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                          • #14
                            Actually, 22351 CVC is an administrative, non-punitive section and refers to mandated speed limits in specific locales as listed in 22352 CVC. 22350 CVC is the "Basic Speed Law" and is a punitive section and covers any speed, except the maximum speed limits, that is unreasonable and imprudent for the roadway, weather, etc, etc, etc.

                            Basic Speed Law

                            22350. No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

                            Amended Ch. 252, Stats. 1963. Effective September 20, 1963.

                            Speed Law Violations

                            22351. (a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.

                            (b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.

                            Prima Facie Speed Limits

                            22352. (a) The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof:

                            (1) Fifteen miles per hour:

                            (A) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car.

                            (B) When traversing any intersection of highways if during the last 100 feet of the driver's approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals.

                            (C) On any alley.

                            (2) Twenty-five miles per hour:

                            (A) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code.

                            (B) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds.

                            (C) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority is not required to erect any sign pursuant to this paragraph until donations from private sources covering those costs are received and the local agency makes a determination that the proposed signing should be implemented. A local authority may, however, utilize any other funds available to it to pay for the erection of those signs.

                            (b) This section shall become operative on March 1, 2001.

                            Added Sec. 2, Ch. 421, Stats. 1997. Effective January 1, 1998.
                            Amended Sec. 2, Ch. 521, Stats. 2000. Effective January 1, 2001. Operative March 1, 2001.
                            No where in any California code is there a mandate to allow a specific amount of speed over those codified speed limits.

                            However, an agency's policy and procedures may limit an officer's actions relative to any speed limit. If that is the case, it would be totally inappropriate to discuss in a public forum those set policies and procedures because they may defeat the goals of law enforcement as they apply to speed enforcement.

                            Bottom line, to be safe in CA, do not exceed the speed limit!
                            Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                            [George Washington (1732 - 1799)]

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                            • #15
                              In Indiana the only difference between 1mph over and 24mph over is points, the fine is the same.

                              So, by law there is no leeway. You're unlikely to get stopped and ticketed for 5-7 over though. Personally I don't ticket until 10 over to 15 over, depending on conditions and the road.

                              Also, if you're in the far left lane of a multi-lane highway you can be ticketed for going slower than the posted speed limit. So, by the letter of the law if you're in the far left lane in a 55 you could get a ticket for 54 or for 56. In the other lanes you can go reasonably under the posted limit.
                              I miss you, Dave.
                              http://www.odmp.org/officer/20669-of...david-s.-moore

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