7.701 — SPEEDING 6-10MPH OVER POSTED SPEED ZONE

Violations of "Statute 7.701" results in an Infraction with receiving an additional license point(s) of 3.

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(a) Definitions

Speeding 6-10 MPH over the posted speed zone refers to driving a motor vehicle at a speed that exceeds the posted speed limit by 6 to 10 miles per hour. This offense is typically considered a minor traffic violation but can be subject to increased penalties.

(b) Elements

To establish the offense of speeding 6-10 MPH over the posted speed zone, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was driving a vehicle on a roadway with a posted speed limit.

2. The defendant was traveling at a speed that exceeded the posted limit by more than 5 miles per hour but not more than 10 miles per hour.

3. The defendant's speed was measured by a radar gun, speed camera, or confirmed by an officer's observation.

(c) Defenses

Defenses against a charge of speeding 6-10 MPH over the posted speed zone may include:

1. The defendant was not exceeding the posted speed limit, and the speed measurement was incorrect.

2. The vehicle’s speedometer was malfunctioning, leading to a misreading of the vehicle’s actual speed.

(d) Aggravating Factors

The court may consider the following aggravating factors:

1. The speeding occurred in a high-traffic area, or near areas with pedestrian activity, increasing the risk of an accident.

2. The driver was also committing other violations, such as tailgating or distracted driving.