7.705 — CRIMINAL SPEEDING

Violations of "Statute 7.705" results in a Class D Misdemeanor with receiving an additional license point(s) of 4.

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(a) Definitions

Criminal speeding refers to the act of driving at an excessive speed that goes beyond the posted limit and is deemed to be a serious threat to public safety. Criminal speeding typically involves driving at speeds significantly over the legal speed limit, 25 miles per hour or more over the posted limit, or in a manner that demonstrates a reckless disregard for safety.

(b) Elements

To establish the offense of criminal speeding, 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 driving at a speed that exceeded the posted speed limit by 25 miles per hour or more, or engaged in reckless driving behaviors, such as excessive speeding in a residential or high-traffic area.

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

4. The defendant’s actions showed a conscious disregard for the safety of others, making the speeding behavior criminal rather than a simple infraction.

(c) Defenses

Defenses against a charge of criminal speeding may include:

1. The defendant was not exceeding the speed limit by the necessary amount (i.e., less than 25 mph over the limit).

2. The defendant’s speedometer was malfunctioning, and the measured speed was inaccurate.

3. The defendant had a legitimate emergency, such as rushing to a hospital or responding to a personal crisis, which necessitated exceeding the speed limit.

4. The speed measurement was taken improperly, such as from an unreliable or improperly calibrated device.

(d) Aggravating Factors

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

1. The defendant was speeding in an area with high pedestrian traffic, such as near schools, parks, or residential neighborhoods.

2. The defendant was engaging in other reckless behaviors, such as tailgating, changing lanes erratically, or disregarding traffic signals.

3. The defendant has a history of speeding violations or other traffic offenses.

4. The defendant’s speeding caused a significant danger to public safety or resulted in a crash or other negative consequences.