Can You Be Pulled Over for Speeding from a Stop?

Many drivers wonder if they can be pulled over for speeding from a stop, especially if they accelerate slowly to just below the speed limit. This article delves into the legalities and potential citations, examining different driving conditions and laws across various jurisdictions.

Speeding at Unsafe Conditions

While it is technically possible to be cited for speeding from a stop under certain conditions, it is exceedingly rare. Nonetheless, in states like California, if road conditions drastically change, such as a highway being iced over, even going 1 mph below the limit could result in a citation if it is deemed unsafe. This is because the law often considers the driver's ability to safely stop within the distance of their reaction and braking capabilities.

What Constitutes Reasonable Stopping Distance?

When determining if a driver is speeding, many laws include the phrase "reasonable." This makes the assessment largely subjective, relying on the interpretation of a judge or jury. If a driver is unable to stop safely for any reason, such as icy road conditions, they may be considered to be driving at an unsafe speed. Likewise, if a driver is accelerating quickly or 'flooding' the engine before the speed limit, a police officer might consider this unsafe.

Exhibition of Speed

Unless you are speeding beyond the posted limit or creating a hazardous situation, you may still face a citation for "exhibition of speed." This term generally refers to driving behavior that is intentionally aggressive or reckless. For example, chirping the tires for a short burst might be overlooked, but a full launch with spinning tires could result in a significant citation. Similarly, driving away with a very fast acceleration could lead to a reckless driving citation if other cars or pedestrians are in the vicinity.

Legal Implications

The specific laws and potential violations can vary widely. For instance, in California, 'exhibition of speed' can be charged as a misdemeanor or even a felony, depending on the circumstances. A police officer can cite you for this even if you do not exceed the posted speed limit, simply for the "eyesore" of your driving behavior. Additionally, you could also be cited for reckless driving or other traffic violations based on the specific conditions of the situation. In some areas, 'prima facie speed limit laws' might be applicable, which means you cannot drive faster than what is considered safe for the given conditions, regardless of the posted limit.

Challenging Prima Facie Speed Limit Allegations

When faced with a prima facie speed limit citation, the onus is often on the driver to prove that the speed was reasonable for the conditions. This can be challenging, especially if the citing officer feels the road was unsafe at higher speeds. If you believe the conditions did not warrant a citation, it is advisable to seek legal counsel to build a defense based on the specific facts of the case.

Conclusion

The practice of being pulled over for speeding from a stop is more about the behavior and the prevailing conditions rather than a strict numerical limit. Drivers should always be aware of their surroundings and ensure they can safely stop in an emergency. If in doubt, erring on the side of caution is the best approach to avoid potential legal issues.