7.700 — SPEEDING 1-5MPH OVER POSTED SPEED ZONE

Violations of "Statute 7.700" results in an Infraction

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(a) Definitions

Speeding 1-5 MPH over the posted speed zone refers to the act of driving a motor vehicle at a speed that exceeds the posted speed limit by 1 to 5 miles per hour. This offense applies when a driver operates their vehicle within this range above the legal speed limit on any roadway.

(b) Elements

To establish the offense of speeding 1-5 MPH over the posted speed zone, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was operating a motor vehicle on a roadway subject to a posted speed limit.

2. The defendant was traveling at a speed that exceeded the posted speed limit by no more than 5 miles per hour.

3. The defendant’s speed was measured by a legally recognized speed measurement device or observed by a law enforcement officer.

(c) Defenses

Defenses against a charge of speeding 1-5 MPH over the posted speed zone may include:

1. The defendant was driving at the posted speed limit and there was a mistake in the speed measurement.

2. The speedometer in the vehicle was malfunctioning or inaccurate.

3. The defendant had a reasonable necessity to exceed the speed limit, such as an emergency situation.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The defendant’s driving behavior, such as erratic or reckless driving, that could have increased the risk to others.

2. The violation occurred in a construction zone or a school zone, where special reduced speed limits apply.