Can I Be Arrested For a Speeding Traffic Violation?

Speeding is a common traffic violation. If you are caught speeding, generally you will be issued a ticket and allowed to go. You must then pay the ticket or challenge the ticket in court. However in some cases, you can be arrested and sent to jail.

Speeding laws

In some states, if you are caught speeding and even if it is your first offence, you can be arrested and sent to jail. The jail term varies from 24 hours to 90 days. However the police rarely exercise this power in case of first time offenders caught speeding. But again this depends on the speed limit and the speed at which you were caught driving. If you exceed the speed limit by 10 miles per hour, generally you will be let off with a ticket. However if you exceed the speed limit by over 100 miles per hour, chances are that you will be arrested and sent to jail. But the police can exercise their discretion and arrest you even if you exceed the speed limit by 1 mile per hour.

Other factors

Besides the speed at which you were caught and the speed limit, another important factor is the place at which you were caught speeding. If you are caught speeding in a construction zone or near a school or military base, you can be arrested. Your previous driving record can also play an important role. Generally if it is your first offence, you will be allowed to go after you are issued a ticket. However if it is your second offence you can be in trouble. You will definitely be in trouble if you are a repeat offender or who are caught speeding along with another offence such as DUI or driving without a valid driver’s license.

Reckless driving

The definition of reckless driving varies from state to state. Generally reckless driving means driving with willful disregard for the safety of others persons or property. Speeding by itself does not amount to reckless driving. However speeding at extremely high speeds can result a reckless driving charge. In most states you can be arrested for reckless driving and sent to jail for a period ranging from 24 hours to 2 years.

Getting legal help

Never take chances if you have been charged with speeding. Contact an experienced traffic violation attorney in your state. Based on the circumstances of your case, the attorney can help you avoid being arrested for speeding. 

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