Two Types of Speeding Offences by Dick Zinia
in Law / Trademarks (submitted 2010-11-15)
We've all been there. You are driving down the road and not paying particular attention to your vehicle speed. Or you are in a hurry and are driving faster than the posted speed limit.
Next thing you know those flashing blue lights are in your rearview mirror and you get that sinking feeling in the pit of your stomach. It's the police and they are motioning for you to pull over.
Chances are very good that you are being stopped for a one of several different types of traffic speeding offences.
The most common traffic speeding offences is known as violating the prima facie speed limit. Discarding the legal Latin, and more simply stated, you were driving in excess of the posted speed limit.
A secondary and less enforced type of speeding offences is called "Violation of the Basic Speed Law". Although this definition varies by locality, basically what this means is that you were driving at a speed that was not safe and prudent for the totality of conditions at the time. For instance, if the road is icy and you are driving 50 mph in a 55mph zone it might be unsafe to drive that speed even though it is below the posted speed limit. A basic speed law violation is subjective and at the discretion of the police officer.
Generally speaking, you are far more likely to be stopped for a prima facie speed violation than a basic speed law violation. The obvious reason is that a prima facie speed violation is an objective measurement against a fixed requirement. No subjectivity is necessary on the part of the police officer.
Certain jurisdictions may have other laws relating to traffic speeding offences. It's always best to check with your local police agency for details on what violations might exist in your area. It's also a good idea to investigate whether police in your area have a tendency toward a traffic ticket quota.
Happy motoring!
