Is Going 5 MPH Over the Speed Limit Legal? (2024)


Going any amount over the speed limit is illegal—even if it’s only 5 miles per hour (MPH).

You have legal rights if you were injured by a speeding motorist—even if they were only exceeding the speed limit by a small amount.

If you were injured by a driver who was exceeding the speed limit, even if they just went 5 miles over the speed limit, you have legal rights. This means that you might be able to get money from the driver or from their insurance company.

But it can be hard to do this on your own. That’s why it can be helpful to connect with a law firm and engage in an attorney client relationship that could greatly benefit your case. An experienced traffic lawyer can help you figure out what your legal rights are and how to get the money you deserve.

An Experienced Lawyer Can Help

If you were injured by a speeding driver, you may be entitled to compensation for your injuries. An experienced car accident lawyer can help you understand your legal rights and options.

If you hit a driver who was speeding, you may still be able to get compensation for your damages, even if the other driver was partially at fault.

So talking to an experienced Chicago car accident lawyer about your speeding violation case after an accident can be very helpful. They can assess the strengths and weaknesses of your case, give you an estimated value of your case, and answer any questions you may have.

In this Article

  • Illinois Has Laws Against Speeding
  • Do some situations allow for speeding?
  • How does Illinois view negligence?
  • How could a car accident lawyer help you?
  • Call the Attorneys at The Kryder Law Group, LLC Today

Illinois Has Laws Against Speeding

Is Going 5 MPH Over the Speed Limit Legal? (1)

625 ILCS 5/11-211 outlines some of Illinois’ speeding laws. The statute notes that it’s unlawful for a motorist to speed in any public place, including on local streets and highways. Similar statutes go on to say that if you are going more than 26 miles over the speed limit, you could be found guilty of a misdemeanor. But what happens if you’re only going five miles over the speed limit?

It’s up to the discretion of the attending law enforcement officer as to whether to issue a citation. If they do issue a speeding ticket, you could contest this ticket in court. At that point, whether the speeding violation will remain on your record is up to a judge.

Police Monitor Some Places More Closely Than Others

Some areas and traffic conditions are monitored more closely for speeding violations. Some of these areas include construction zones, work zones, school zones, certain areas during school days, or even rural areas. Driving beyond the posted limit could incur speeding tickets with higher fines and other more severe consequences.

Constructions Zones

For example, if a motorist exceeds the maximum speed limit in a construction zone, they could receive a minimum fine of $375—and that’s just for a first-time offense. A second or subsequent violation could lead to heftier fines and license suspension, per the Illinois Department of Transportation (IDOT).

School Zones

Likewise, violating speed limits in areas other than interstate highways such as in school zones is reckless driving and also considered a serious offense. 625 ILCS 5/11-605 notes that drivers cannot exceed 20 mph in a school zone between the hours of 7 a.m. to 4 p.m. Being found guilty of speeding violations such as this could also result in heavy consequences.

Do Some Situations Allow for Speeding?

There is no specific Illinois statute that allows for speeding in special circ*mstances. However, per the Illinois State Bar Association (ISBA), this could be taken into consideration if you’re charged with a crime. Instead of rendering a “guilty” verdict, the judge might instead order that you undergo “supervision.”

Here, the court system keeps an eye on your record for any other traffic violations. It’s like probation, except that it could result in your case’s ultimate dismissal, and you do not have to regularly meet with a probation officer.

How Does Illinois View Negligence?

Illinois operates on a contributory negligence statute. Basically, if you primarily caused an accident, you could be responsible for any subsequent damages. Speeding does not automatically make you liable for an accident, though. Consider the following scenario.

You were going five miles over posted speed limits when you collided with another vehicle. Maybe this party was texting at the time, so they did not stop at a red light. In this instance, even though you were the speeding vehicle, they could be found primarily negligent. In this instance, you may not be financially liable for their expenses.

This will not stop the other party from arguing that you caused the collision, though. In that situation, again, working with our firm can alleviate your stress.

How Could a Car Accident Lawyer Help You?

If you were involved in a collision, our firm can help you seek damages. We will examine the facts of your case and outline a plan of action.

You could recover the following losses:

  • Medical bills, including anticipated care costs
  • Pain and suffering
  • Disability, disfigurement, and scarring
  • Lost income, bonuses, tips, benefits, and commissions
  • Property damage expenses
  • Physical therapy and mental health counseling

Based on the facts of your situation, you could be eligible for other types of losses. Your lawyer will analyze your medical bills, employment records, and property damage invoices to calculate your damages.

We Can File Your Case within the Statute of Limitations

When you have been seriously injured in an accident, you generally have two years from the date of your collision to file a lawsuit. Abiding by this deadline is crucial. If you don’t file within the two-year deadline, you could lose the right to seek damages. You could file your case, and the courts would dismiss it with prejudice–meaning that you can never file it ever again.

We Can Prove the Other Driver’s Negligence

We will investigate your case to determine what caused your accident. We can use the following information to formulate your case’s strategy:

  • The police report
  • Your medical records
  • Traffic camera footage
  • Photos of the accident scene, your vehicle, and your injuries
  • Statements from eyewitnesses, including those in the car with you
  • Testimony from field consultants, like accident reconstruction specialists
  • Black box data (if available)

Our goal is to prove that you were hurt due to negligence. After a car accident, the first thing you should do is call the police. The police officer will come to the scene of the accident and make a report. This report can be used as evidence in your case.

The police report will likely say how fast each driver was going at the time of the accident. It may also say whether or not each driver was driving past the speed limit. If the other driver was speeding, that will be strong evidence that they were at fault for the accident.

If you have any questions about your legal rights after a car accident, we are here to help. Our Chicago car accident lawyers offer free consultations. Call us today to schedule yours.

Call the Attorneys at The Kryder Law Group, LLC Today

It doesn’t matter whether you were hit by a driver who was going 5 mph over the speed limit or 50 mph over the speed limit; speeding is negligence and reckless driving.

To learn more about pursuing compensation with the help of our experienced personal injury law firm, call today for a free consultation.

What to Expect in Your Free Consultation

During your free consultation, we will:

  • Listen to the details of your accident
  • Explain what we think your legal options are
  • Answer any questions you have about your case or our firm
  • Give you an honest assessment of your case and whether we think you should move forward with a lawsuit.

No Fees Unless You Win

There is no obligation, and you will not owe us any fees unless we win your case. Call us today to get started on your free consultation.

Is Going 5 MPH Over the Speed Limit Legal? (2024)

FAQs

Is Going 5 MPH Over the Speed Limit Legal? ›

Going any amount over the speed limit is illegal—even if it's only 5 miles per hour (MPH). You have legal rights if you were injured by a speeding motorist—even if they were only exceeding the speed limit by a small amount.

Is it legal to go 5 over the speed limit in Texas? ›

There are roughly 112,000 speeding tickets issued every day. Speeding has harsh consequences and most Texas drivers are not aware that they are not allowed to drive 5 mph over the speed limit.

Can you go 5 mph over the speed limit in Pennsylvania? ›

There are no points for speeding 5 MPH over the posted limit. Points start when you are convicted of 6 MPH or higher. If the officer writes for 5 MPH, it will save on points, will not affect your insurance and will not go onto your driving record.

Can you go 5 over the speed limit in Ohio? ›

Ohio's point system for driving over the speed limit is easier to follow than its fines. If caught five miles over the speed limit, drivers get two points on their license. Thirty or more miles over the speed limit earns four points on a license.

Can you go 5 over the speed limit in Alabama? ›

Alabama speed violations, infractions and penalties

Here are some examples of penalties for traffic violations: 1-25mph over the limit: 2 points. 26mph or more over the limit: 5 points. Driving on the wrong side of the road: 4 points.

Is it okay to drive 5 below the speed limit? ›

Most state laws do not specify how far below the speed limit is legal. They leave that decision to the highway patrol officer, but a good rule of thumb is that it is illegal to drive at a speed so slow that you hold up the normal traffic flow. Going slow on a higher-speed freeway can increase the risk of a collision.

Can you go 10 mph over speed limit in Texas? ›

In other words, Texas law gives an allowance for drivers to exceed the posted speed limit, so long as they are driving at a safe and reasonable rate. However, if you exceed an established maximum speed by more than 10% or 15 mph (whichever is greater), you could be ticketed and penalized under Texas's speeding laws.

Can you go over 5 mph? ›

Going any amount over the speed limit is illegal—even if it's only 5 miles per hour (MPH).

How fast is too fast on the highway? ›

In California, the maximum speed limit on most highways is 65 mph. In some places, it is as high as 70 mph, and if there is a two-lane undivided highway, the speed limit is usually 55 mph, unless otherwise posted.

What is the fine for 5 over the speed limit in PA? ›

For most speeding violations in Pennsylvania, the fine is $35 in addition to $2 for every mile more than five miles per hour over the limit. However, if the limit is 65 mph or higher, the fine is $42.50 with $2 for every mile more than five miles per hour over the limit.

What is the highest speed limit in the US? ›

The highest speed limit in the country is 85 mph (137 km/h), which is posted on a single stretch of tollway in exurban areas outside Austin, Texas. The lowest maximum speed limit in the country is 30 miles per hour (48 km/h) in American Samoa.

What is the highest speed limit in the world? ›

Poland has the world's highest speed limit which is 140kph on motorways, though the Austrians dabbled with having a 160kph variable limit on motorways in 2006.

Can you go 5 over the speed limit in Nevada? ›

In many states, there is a little bit of wiggle room when it comes to the speed limit. Many times, a police officer won't pull you over if you drive 5 or 10 miles over the speed limit. This is not the case in Nevada. The state of Nevada follows an absolute speed limit law.

Can you get a ticket for going 5 over Florida? ›

Fines and point penalties are listed below: Less than 5 MPH over the speed limit: Usually given a warning, unless in a school zone or construction zone. If cited in a school zone, a driver going less than 5 MPH over the speed limit may face a fine of between $50 and $143 along with three points on their license.

Can you go 5 over the speed limit in Georgia? ›

Unposted Limits

Georgia law allows drivers to travel up to five miles over posted speed limits without being charged with speeding.

Can you go 5 over the speed limit in Minnesota? ›

Speeding violations are not recorded on the motorist's driving record maintained by the Department of Public Safety (DPS), if the driver did not exceed 10 m.p.h. over the speed limit in a 55 m.p.h. zone, or 5 m.p.h. over the limit in a 60 m.p.h. zone.

Should you slow to at least 5 mph below the posted speed limit when entering a curve? ›

Slow to a safe speed before entering a curve, at least 5 mph below the posted speed limit. Slow down as needed, but keep in mind that braking in a curve can be dangerous. It is easier to lock your vehicle's wheels and cause a skid. Never exceed the posted speed limit in a curve.

What is the safest speed limit to drive? ›

When there is no stated speed restriction on the interstate, 55 mph is the safest driving speed on a rural highway. However, a safe speed on residential roads is between 10 and 25 mph. The fastest speed to drive is the posted speed limit.

Why do people go under the speed limit? ›

There are likely as many reasons as people who do this. Some people are nervous, others hold a misinformed belief that driving slower than everyone else makes them safer. What do you make of people who drive in the outer lane of a highway at the posted speed limit?

What state has no speed limit? ›

Only one state, Montana, is left unspoiled with no daytime speed limit.

What state has the highest speed limit? ›

The highest posted speed limit in the country is 85 mph (137 km/h) and can be found only on Texas State Highway 130, a toll road that bypasses the Austin metropolitan area for long-distance traffic.

Can you go 5 over the speed limit in Oklahoma? ›

The severity of your penalty or fine will depend on the amount by which you exceed the speed limit and on your past driving history. In general, the fine for speeding in Oklahoma is as follows: $10 fine for speeding 1 to 10mph over the limit. $20 fine for speeding 11 to 15mph over the limit.

How slow is 5 mph? ›

5 miles per hour is a pretty slow driving speed, but it is by far the fastest way to prevent vehicle-pedestrian accidents. Post one of these signs in a parking lot, driveway, narrow road or school zone to get speedy drivers to drive safer. A sign is a constant reminder that safety is the top priority.

How fast can you stop at 30 mph? ›

Time to Stop Your Car
SpeedPerception/Reaction DistanceOveral Stopping Distance
30 mph44 feet89 feet
40 mph59 feet139 feet
50 mph73 feet198 feet
60 mph88 feet268 feet
2 more rows

How fast can you stop going 20 mph? ›

Although a car traveling at a speed of 20 mph will take about 20 feet to stop once the driver has pushed the brake pedal, a vehicle going 40 mph will require 80 feet of space to be covered before it ceases moving.

Can I drive faster than the speed limit? ›

The Maximum Speed Law may be the most known speed law in California. This law simply states that you cannot exceed the posted speed limit, which applies when you are trying to pass slow drivers. You may not exceed the speed limit or 'go with the traffic flow' because it puts others at risk for potential harm.

Why do people drive so fast? ›

Inattention. Drivers often exceed the speed limit simply because they're not paying attention to their driving speed. Factors such as traffic flow, driving a powerful vehicle, and playing music were cited as contributors to speeding.

What is the highest speed limit in Texas? ›

Texas always does things bigger, and that includes the speed limits. The fastest legal speed limit here in Texas is 85 mph, but you won't find that speed limit posted on just any Texas highway. In fact, Texas State Highway 130 is the only location where you can drive that fast legally.

Can you go 10 over the speed limit pa? ›

In Pennsylvania, it is unlawful to drive over the posted speed limit. If a street or expressway does not have a posted limit, you should use the following guidelines: 25 MPH on residential streets. 35 MPH on non-residential streets.

Should I fight a speeding ticket in PA? ›

In most cases, it's in your best interest to fight your Pennsylvania speeding ticket. It's very easy to accumulate enough points to land you in danger of license suspension, which is reason enough to keep as many points as possible off your license by fighting your ticket.

Can you lose your license for speeding in PA? ›

Speeding tickets in Pennsylvania result in fines and points. Fines can get expensive and with enough points you can be facing a license suspension or revocation. Excessive speeding will result in an instant suspension of your PA driver's license.

What was the fastest speeding ticket ever? ›

The fastest known speeding ticket was issued in May 2003 in Texas. The driver was operating a Koenigseggs CCR, a super sports car made in Sweden, and was allegedly going 242 mph (389 km/hr) in a 75 mph zone.

Can you go 10 over speed limit in USA? ›

Perhaps you've heard that myth that it's fine to drive 10 miles per hour over the speed limit. Unfortunately, this rule of thumb is just that: a myth. It's important to acknowledge that not every police officer will be such a stickler for the rules.

What was the most expensive speeding ticket ever? ›

The largest speeding fine is a reported $290,000 (£180,000) ticket given to an anonymous Swiss motorist who was caught driving 137 km/h (85 mph) in a 80 km/h (50 mph) zone in a village near St. Gallen, Switzerland, in January 2010.

Is there a universal speed limit? ›

When it comes to speed limits, the ultimate one set by the laws of physics themselves is the speed of light. As Albert Einstein first realized, everyone looking at a light ray sees that it appears to move at the same speed, regardless of whether it's moving towards you or away from you.

What country drives the fastest? ›

Germany has to take the top spot in the world's fastest roads, not least because around 45 percent of the country's autobahns have no speed limit, although the advisory speed limit is 81 mph.

What country has a speed limit of 100? ›

In China, the highest speed limit on expressways is 120 km/h. and 100 km/h on city express roads. If you are driving in a city with one lane, then you will have to slow down to 30km/h.

Can you go 5 over the speed limit in Colorado? ›

Under Colorado law, a violation of driving 1 to 24 mph over the posted speed limit is a Class A traffic infraction. A violation of driving 25 mph or more over the posted limit is a Class 2 misdemeanor traffic offense.

How much is a 15 over speeding ticket in Nevada? ›

How much is a speeding ticket in Nevada? A speeding ticket in Nevada results in a fine of $20 for each mile above the posted speed limit. If you are caught driving 11 miles over the speed limit for example, then expect to pay at least a $220 fine.

Can a cop give you a ticket without pulling you over in Nevada? ›

Yes, a police officer has the ability to send a ticket to the registered owner of a vehicle that they detected speeding.

How many mph can you go over in Florida? ›

Florida law includes explicitly driving more than 50 MPH over the posted speed limit as an “additional offense” under the reckless driving law. Florida does not have a specific statute to allow reckless driving charges when you drive over 100 MPH.

Does traffic school reduce ticket cost in Florida? ›

In addition to helping you avoid getting points on your record, the Florida traffic school will reduce the severity of your traffic ticket/citation. You will get a discount on your fine, and you won't have to appear in court or hire an attorney.

How much is a ticket for going 5 over in Las Vegas? ›

5 m.p.h. over the speed limit: $100 fine and 1 points added.

Can you go 5 miles over the speed limit in Oregon? ›

The Basic Rule Law

The basic rule does not allow you to drive over the speed limit. If you drive at a speed that is unsafe for existing conditions in any area, at any time, even if it is slower than the speed limit, you are violating the basic rule.

What is the basic speed law? ›

California has a “Basic Speed Law” that states “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or ...

How much is 10 mph over speed limit in Georgia? ›

This schedule is as follows: 1-4 miles over, $0; 5-10 miles over, $25; 10-14 miles over, $100; 15-18 miles over, $125; 19-23 miles over, $150; and 24-33 miles over, $500.

Can you go 5 over the speed limit in Kentucky? ›

Persons caught driving 10 or more miles per hour over the posted or legal speed limit are guilty of speeding.

Can you go 5 over the speed limit in Iowa? ›

If you're caught and written up by police, going just 5 MPH over the speed limit you could get a ticket and have to pay a $20 fine.

Is 130 mph fast? ›

Make sure you're geared up properly, have a good line of sight (a few miles), it's a straight road with good lighting, weather conditions permit it, and you're experienced. 130mph is fast but north of 180mph is faster. Lay on the throttle and get off at the next exit.

How much can you legally go over the speed limit in Texas? ›

Breaking the speed limit has harsh consequences in the state of Texas. Driving even one mile over the posted speed limit can result in receiving a speeding ticket. A driver that is convicted of speeding in Texas is subject to paying court costs plus a fine ranging from $130 to $300 in the Houston city limits.

How strict are speed limits in Texas? ›

Texas law requires that speed limits on state roadways be set at the state maximum unless traffic and engineering studies show a need to alter a speed limit for safety reasons.

What is the unsafe speed in Texas? ›

Drivers speeding faster than 25 MPH over the posted speed limit risk being also cited for Unsafe Speed or arrested for Reckless Driving in Texas.

Can you go over the speed limit to pass in Texas? ›

Even if you live in Texas or another state with prima facie speed limits, you can get pulled over for speeding to pass another car when it's not necessary.

What is highest speed limit in the world? ›

Poland has the world's highest speed limit which is 140kph on motorways, though the Austrians dabbled with having a 160kph variable limit on motorways in 2006.

What is the fastest speed limit in the US? ›

The highest speed limit in the country is 85 mph (137 km/h), which is posted on a single stretch of tollway in exurban areas outside Austin, Texas. The lowest maximum speed limit in the country is 30 miles per hour (48 km/h) in American Samoa.

Why is the speed limit so fast in Texas? ›

Texas, like many other states around the country, sets speed limits on state roadways using the “85% rule.” Basically, the Department of Transportation comes out to a highway, monitors how fast everyone is going in a speed survey, and sets the new speed limit at the 85th percentile.

Is it illegal to drive too slow in Texas? ›

(a) An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.

Is there a minimum speed in Texas? ›

Unless a minimum speed is posted there is no fixed minimum speed for highway driving. Sometimes weather conditions dictate driving under the posted speed limit to ensure safety. However, you can be cited for obstructing traffic if indeed you are impeding the safe forward progress of other vehicles on the roadways.

Is accelerating fast illegal in Texas? ›

§ 70.03 UNREASONABLE ACCELERATION; RECKLESS DRIVING. (A) Unreasonable acceleration prohibited. No person shall accelerate any motor vehicle with an unnecessary exhibition of speed on any street, driveway or parking lot, whether public or private property, within the city.

Can cops speed in Texas? ›

In operating an authorized emergency vehicle the operator may: (1) park or stand, irrespective of another provision of this subtitle; (2) proceed past a red or stop signal or stop sign, after slowing as necessary for safe operation; (3) exceed a maximum speed limit, except as provided by an ordinance adopted under ...

What speed is unsafe? ›

However, according to the Insurance Institute for Highway Safety (IIHS), tests conclude that driving 50 mph or above is more likely to result in injury or death than driving at speeds below that. Car damage at different speeds can range from minor injuries to fatalities.

How much is 10 over the speed limit in Texas? ›

A speeding ticket in Texas for 10 mph over the limit costs about $223 on average, based on our analysis of ticket costs in large cities in the state.

Is there a 30 mph speed limit in Texas? ›

The speed limit on most city streets is 30 miles per hour because an “urban district" is land adjacent to and including a highway, if the land has structures that are used for business, industry, or residences and the buildings are located at intervals of less than 100 feet for a distance of at least one quarter mile ...

Is it illegal to go slower than the speed limit in Texas? ›

Driving too slowly can result in a traffic citation, particularly on highways, so be aware of this possibility. If a driver is going fifteen miles per hour slower than the posted speed limit in conditions that are ideal for driving, then this may be considered to be obstructing traffic, which is a violation of the law.

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