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Criminal Law FAQ #12

Is driving over the speed limit a crime?

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Traffic violations can be felonies, misdemeanors, or infractions. Felonies and misdemeanors are crimes, but infractions are usually not thought to be part of the criminal justice system. Driving over the speed limit is usually classified as an infraction in those systems that use the infraction category and as a minor misdemeanor in those systems that do not. If driving over the speed limit is classified as a misdemeanor, it is technically a crime, but often such crimes are excluded from consideration in a person's criminal record. Whether speeding is an infraction or a crime, it is usually punished by a fine. A common scheme is for the fine to increase in proportion to the amount over the speed limit for which the ticket is written. Most jurisdictions tell the speeder the amount of the fine right on the ticket and often give instructions for pleading guilty and paying the fine by mail. The offender may have to pay a special fee to get a trial on the ticket and may not be entitled to a jury trial.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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