Q: Is 25 over reckless driving or is it 26 over that is starts at?
I got pulled over for going 25 mph over on the highway. I know this year they changed the law for speeding.
A:
Hello Asker,
Technically, neither. Reckless driving is a wholly different offense. Suffice it to say, you have to have a DUI level offense or be doing some Dukes of Hazard style driving to land a reckless driving ticket (it's genuinely difficult to do without trying really hard).
For a speeding ticket between 1-25 mph over the limit, it is a much more minor offense. Court supervision is easier to come by. You can resolve the court case with no court appearance (assuming it wasn't a school or construction zone or didn't involve other tickets that require a court appearance). In short, these tickets are distinctly less serious moving violation than the 26-34 mph over and 35 or more over the limit variety.
The 26 mph threshold refers to the point at which a speeding ticket ceases to be a petty offense (punishable by up to $1,000 fine and not a criminal offense) and becomes a misdemeanor (punishable by up to 6-12 months jail and or up to $1,500-$2,500 fine). Additionally, with these violations there are far more restrictions on the availability of court supervision: there is no supervision if you have a previous speeding 26 or more on your record, were in an urban district, or were in a construction zone. Lastly, if you are found guilty, it can give you a criminal record. Because of the seriousness of these tickets, it is common for the courts to encourage drivers to seek representation to protect their driving privileges and/or criminal record.
Hope that helps and let us know if you have any additional questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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