7.704 — SPEEDING 20+ MPH OVER POSTED SPEED ZONE

Violations of "Statute 7.704" results in an Infraction with receiving an additional license point(s) of 3.

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(a) Definitions

Speeding 20+ MPH over the posted speed zone is when a driver exceeds the posted speed limit by more than 20 miles per hour. This violation is considered a major infraction and is subject to substantial penalties due to the significant risk posed to public safety.

(b) Elements

To establish the offense of speeding 20+ MPH over the posted speed zone, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was operating a vehicle on a road with a posted speed limit.

2. The defendant was driving at a speed that exceeded the posted speed limit by more than 20 miles per hour.

3. The defendant’s speed was measured using an accurate speed-measuring device or confirmed by law enforcement through direct observation.

(c) Defenses

Defenses against a charge of speeding 20+ MPH over the posted speed zone may include:

1. The defendant’s vehicle was not speeding, and the speed measurement was erroneous.

2. The defendant had a legitimate emergency requiring them to exceed the speed limit.

3. The speed limit signs were not clearly visible or were incorrectly posted.

(d) Aggravating Factors

The court may consider the following aggravating factors:

1. The speeding occurred in a high-traffic area or a residential area where people and pedestrians are frequently present.

2. The defendant has a history of speeding offenses or reckless driving.

3. The defendant’s actions demonstrated a flagrant disregard for public safety, such as racing or excessive speeding in hazardous conditions.