Speeding: State Laws

Speeding tickets are easily the most common ticket issued in the United States. In every state, a traffic ticket can be issued to drivers who violate laws restricting the speed at which a vehicle may travel.

Generally, states have two types of laws related to speed restrictions:

• Laws that set specific maximum speed limits in certain settings. For example, a state may declare different maximum speeds at which a vehicle may be operated on a state highway (65 mph) and in a school zone (25 mph).
• Laws that require drivers to operate their vehicles at a speed that is reasonable under the circumstances. For example, even if the posted maximum speed limit on a rural highway is 65 mph, driving on that highway at 65 mph in a torrential rainstorm at night could result in a speeding ticket.

Absolute, Presumed, and Basic Speed Limits

There are essentially three types of speed limits being enforced around the country: "absolute," "presumed," and "basic" speed limits. As you might imagine, the defenses differ for each one.

1. Absolute speed limits are the most common type of speed law. The sign will clearly state 55 mph, so if you go 56 mph or faster, you have violated the law.
2. Presumed speed-limit violations are more nuanced. In states that use this system (Texas, for example), it's legal to drive over the posted limit as long as you are driving safely. Say, for instance, you are driving 40 mph in a 35-mph zone, you are "presumed" to be speeding. But if it is 7 a.m. on a clear, dry morning with no other cars on a wide, straight road, and you can convince the judge that you were driving safely given those conditions, you could well be acquitted.
3. The basic speed law theory states that you can be charged with speeding by violating the “basic" speed law, even if you were driving below the posted speed limit. An officer must simply decide that you were going faster than you should have been, considering the driving conditions at the time.

See Fight a Speeding Ticket: Is Speeding Always Speeding? to learn more.

State Speeding Laws

Click on the link(s) below to read the statute that corresponds with your state's speeding laws and penalties.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Get Legal Help With a Speeding Ticket

Speeding is the most common traffic ticket in most U.S. jurisdictions, and they typically are paid without incident. However, motorists sometimes face license suspension or other serious sanctions from a speeding ticket, including insurance rate hikes, particularly if the offense is considered "excessive" or the motorist has had prior traffic offenses. If you would like to get the best outcome possible for your speeding ticket, consider speaking with a traffic attorney in your area.