Can a Cop Write a Ticket for 1 MPH Over the Speed Limit?

Is it really necessary for law enforcement to issue a ticket for driving just 1 mile per hour over the speed limit? While theoretically, the strict letter of the law might hold, the spirit of the law and practical considerations render this unlikely in most scenarios.

The Letter of the Law vs. the Spirit of the Law

There is a nuanced distinction between the letter of the law and the spirit of the law that impacts how laws are enforced. From a technical standpoint, an officer in Maine, for instance, could issue a ticket for driving over 70 mph on the Maine Turnpike, which is technically 10 mph over the posted limit, even if the majority of drivers are pushing the 80 mph speed. This observation is especially relevant when considering cars from out-of-state drivers.

However, the spirit of the law is often more lenient and practical. Most judges would not uphold a conviction for such a minor infractions. Typically, police officers follow a more reasonable interpretation of speed laws rather than strict technical adherence. For example, an officer may let someone go 10 to 15 mph over the posted speed limit if the overall flow of traffic is similar.

Practical Considerations

Several practical factors come into play when deciding to issue a ticket. First, stopping every single car that exceeds the speed limit would be impractical and dangerous. Law enforcement officers cannot safely pull over every vehicle, especially if they are driving on a major highway or interstate. Notably, there is an increased risk of accidents when vehicles are frequently pulled over on the side of the road, posing a hazard to both the officers and the public.

Police Discretion

Police discretion plays a crucial role in how speed laws are enforced. Officers often allow drivers to exceed the posted speed limit by a few miles per hour, depending on the flow and nature of traffic. For instance, if the speed limit is 65 mph, an officer might choose not to ticket a driver traveling at 75 mph, as long as they aren't posing a significant danger to other motorists. Factors such as weaving, erratic behavior, or drastically exceeding the limit may prompt a ticket.

There is also a human element to this discretion. Officers generally understand that most people experience occasional higher speeds, especially during rush hour or when traffic is flowing fast. Consequently, they are more likely to focus on vehicles that show a disregard for safety or those that pose a danger to other drivers.

Conclusion: The Spirit and Practicality of Law

Ultimately, the enforcement of speed laws is not a mechanical process but a carefully balanced judgment call made by officers. The spirit of the law, aimed at preventing accidents and saving lives, must be the guiding principle. Ticketing every driver going just 1 mph over the limit is not practical or beneficial. Instead, officers focus on drivers who exhibit reckless behavior, ignoring clear safety concerns, and those who significantly endanger themselves and others on the road.