Can Police Officers Ticket Drivers for a Few Miles Over the Speed Limit?

Every driver has experienced the frustration and confusion of receiving a speeding ticket. One of the most common questions is whether a police officer can issue a ticket for driving just a few miles over the speed limit. This article aims to elucidate the legal and practical considerations involved in such situations, drawing from both American and UK experiences.

Additional Factors Influencing Speed Limit Enforcement

Interestingly, a personal experience from Austin, TX, in 1964, illustrates this issue well. I was ticketed for ‘excessive speed’ while driving only 15 mph in a residential area, barely a half-block to a stoplight. The court upheld the ticket, highlighting a more severe stance against college students. The legal system at that time reflected a more lenient view towards the exact speed, but recent advancements in technology have changed this approach.

Modern Speed Enforcement Techniques

In today's world, modern radar units have advanced significantly. Unlike the early radar guns that often gave false readings due to the needle jumping up momentarily, today's digital units do not suffer from such inaccuracies. This led to a shift in legal interpretations toward a 'zero tolerance' policy. Even in conditions that significantly affect driving, such as ice and snow, if the vehicle is moving and the enforcement officer deems it unsafe, they may issue a ticket.

Legal Judgments and Police Discretion

A judge upheld the ticket in the scenario mentioned. This is due to the flexibility in legal judgments and police discretion. However, it's critical to understand that once a ticket is given, the driver is unlikely to win through argument. Recent trends in the American legal system have adopted a more stringent approach, aligning more closely with the digital accuracy of modern devices.

UK Speed Enforcement Practices

In the United Kingdom, the rules are quite specific. Drunk driving is illegal, and driving at 21 mph in a 20 mph zone is considered a criminal offense. The authorities have a strict approach, often stopping and fining those who exceed this limit. However, there is a general tolerance level, usually allowing for a few miles over the limit as long as the limit is at least 30 mph. The '10 plus 20' rule explains this further:

24 mph in a 20 mph zone 35 mph in a 30 mph zone 46 mph in a 40 mph zone 57 mph in a 50 mph zone 68 mph on roads with a 60 mph limit 79 mph on motorways with a 70 mph limit

However, it's important to note that vans, lorries, and vehicles towing trailers should adhere to specific speed limits lower than these general guidelines. Despite stringent rules, one often sees vans, especially, exceeding posted speed limits. It is a legal requirement for vans to drive at 70 mph on motorways only. Elsewhere, regardless of the road conditions or number of lanes, vans are subject to the same speed limits as regular vehicles.

Conclusion

Police officers do have the authority to ticket drivers for even minor speed infractions, especially under conditions that make safe driving challenging. Legal judgments and enforcement practices are increasingly stringent, aligning with more accurate modern speed enforcement techniques. Understanding local laws and enforcing these guidelines helps ensure safe driving conditions and fosters community trust in law enforcement.

Keywords

speeding tickets speed limit enforcement zero tolerance