Legal Definition of Speed Limits and Police Discretion in Ticketing

Speed limits are a critical aspect of road safety, designed to ensure that all drivers adhere to a safe and reasonable speed for the conditions of the road. In the United States, speed limits are typically posted at the side of the road and serve as the legal maximum speed at which a vehicle can travel safely. However, questions often arise regarding buffer zones and the discretion of law enforcement officers in issuing speeding tickets. This article delves into these issues and provides clarity on the legal landscape.

Understanding Legal Speed Limits

Speed limits are enforced as posted, meaning that any speed above the limit, regardless of the specific amount by which the limit is exceeded, can be subject to a ticket. For example, in a 60 mph speed zone, driving 61, 62, or even 67 mph technically allows the police to issue a speeding citation. This is because the law does not provide a buffer zone for minor infractions. The legal speed limit is a fixed amount, and anything over it is a violation, no matter how slight the excess.

Police Discretion in Ticketing

While the law stipulates that any speed over the limit is a violation, law enforcement officers often exercise discretion when deciding whether to issue a ticket or not. This discretion can be influenced by several factors:

Drivers' Intent and Safety: Officers may consider whether the driver was showing signs of reckless driving or if the speed was a minor, non-dangerous breach. Traffic Conditions: The local traffic and weather conditions are often taken into account. For instance, in heavy traffic or poor weather, drivers might be more lenient. Local Enforcement Policies: Different jurisdictions may have varying practices. Some jurisdictions might be more strict, while others may opt for a more lenient approach.

As a result, while technically any speed over the limit can result in a citation, many officers choose not to issue them for minor infractions. This informal understanding among drivers can create a kind of de facto buffer zone, but it is important to remember that this is not a legal defense.

Ticketing for Higher Speeds

It is within the legal and ethical purview of law enforcement to ticket drivers for even small breaches of the speed limit, especially when the driver is significantly over the limit. For example, driving 67 mph in a 60 mph zone could lead to a speeding ticket.

The likelihood of receiving a ticket often depends on the officer's judgment. However, judges and magistrates generally dismiss violations that are merely minor. In my own experience, I have never written a citation for a speed violation less than a 5 mph over the limit, and most judges would dismiss such violations. Nevertheless, the law still technically permits the issuance of a ticket for any speed over the limit.

Historical Context and Policies

In some states or localities, there may be a history or policy that influences the likelihood of ticketing. For example, about 30 to 40 years ago, the Governor of Florida gave a directive to the Florida State Highway Patrol not to ticket anyone unless they were going more than 7 mph over the posted speed. This particular policy may no longer be in effect, but it illustrates how policies can sometimes shape enforcement practices.

It is also worth noting that such policies are not written into statute. A state law cannot legally state that it is permissible to break the speed limit as long as the amount is under a certain threshold. There are practical challenges in proving small infractions in court, which can make it difficult to enforce such a policy effectively.

Conclusion

While the concept of a buffer zone may exist in practice, it is important to emphasize that legally, any speed over the posted limit can result in a citation. Adhering to the posted speed limits is the safest and most consistent approach to avoid potential penalties and ensure road safety.

Remember, while traffic violations are certainly more likely to be overlooked for minor infractions, the law is always taken seriously. Being aware of the posted speed limits and driving accordingly is the best course of action.