Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law Enforcement & Police

Can you go 5 over the speed limit and not get a ticket?
Find answers to your legal question.

Can you go 5 over the speed limit and not get a ticket?


It partly depends on how the speed is measured.
If it is from a cop car their speedometers are set to read about 10% slower than they are really going. If they say they clocked you at 60 mph or 100 kph then you were doing at least 66 mph or 110 kph.
There is no sense argueing in court over how fast the cop says you were going.
Stationary radar sets are different but they are normally set to miss by the same 10%. This eliminates the drivers with small speedometer errors or only slight overspeeds.
However if the speedometer in your car is 10% slow and you do 10% over the speed then you are going way to fast and deserve a ticket.

If you are in traffic the best rule is to go with the flow. If the traffic slows to ten miles per hour there is likely a reason.
If it is going at seventy miles an hour there is likely a reason for that as well.

Brian C
Depends on the individual officer. I determine whether to cite based on many different reasons: Location, time of day, density of traffic, if I have a complaint pending, prior record of offender. A lot of it depends on whether the person gives me a hard time when I conduct the stop. Last night I stopped someone for 13 over and had gone back to my car and printed out a courtesy notice for the driver (Written warning). As soon as he saw the paper in my hand he started going off about how I should be out catching 'real criminals' and leaving law abiding citizens like him alone. Without a word, I went back to my car, voided the warning and cited him for speeding. I gave him his citation and also showed him the printed warning he ALMOST got.

Mike R
Yes, you can probably go up to ten miles per hour over the speed limit and not get a ticket. No one is expected to go exactly the speed limit, if you did, the police would probably pull you over because they are suspicious.

technically speaking, no. a cop, if he/she so choosed to do so, could pull you over for doing 1 mph faster than the limit.

See, it's called a speed LIMIT. there's an actual limit.

Now will you get pulled over for 5mph over the limit? possibly, but that would be extremely rare.

Most likely. I've heard many officers of the law say they usually go after those going 10 or more miles over.

Jeffrey F
Usually police will "ALLOW" a certain overage. if on a highway in a 65MPH zone traffic is flowing at 70-75, they will usually allow it unless you are driving like an *** (weeving or tailgating).

I have passed state troopers doing 70 in a 55 without getting pulled over..........

It is the officer's discretion as to whether you get a ticket and they are well within thier right to ticket for 1MPH over the limit

Elizabeth P
This is how I remember it.... You can go 5-9 over the speed limit on a highway, but only 5mph over in a residental area.

Lil Miss Answershine
yes...it is possible... it is possible to GO THE SPEED LIMIT and get a ticket. (its called too fast for conditions)

in some counties in England its a case of 10% of the speed limit your driving in plus 2mph added on top. So you wont get prosecuted for doing 35mph in a 30 limit. Dont use this as a rule though. Forces differ.

Most cops wont usually write someone a ticket for 5 over, but I know guys that write people for 1 mph over. The limit is the limit, but theres also discretion and common sense.

Well, yes. Actually, you could go 50 mph over the speed limit and not get a ticket - - -if you don't pass an officer.

However, if you violate the prima facie speed limit by even 1mph you can get a ticket. Most officers don't stop until at least 5 over, and most speed measuring devices have a small margin of error.

You can still get a ticket for sure. Now the odds are slim as it would be easy for you to contest this in court but still you can get a ticket. And if you are young the judge might decide to cut you some slack.

Thing is when you get used to going a bit over you start going a bit more over later. No one watches the speedometer all of the time. It becomes more of a "feel" kind of thing. Before you know it it will be easy to get busted for going way more than 5 over. Best to try to stay as close to the limit as possible.

nature lover
you sure can if you are lucky.

Question Queen ?
Only if you don't get caught, but yes it's possible.

depends on where you live, in florida it is against the law for 5 or below to get a ticket, but 6 will get you a ticket

Jack S
I go 5 mph (at least) over the limit all the time and I never get pulled over. It's probably mostly luck but you have to know WHERE you can do it. I wouldn't recommend doing it in school zones for police have very little pity if they catch you speeding in these zones.

If you do get pulled over, a cop has to put your speed on the ticket and if he/she does pulled 5 mph over the limit, you can fight this. You have enough to worry about on the road than being so cautious with your gas pedal to keep it perfectly at the speed limit.

Most of the time.

Most of the time you can get by. It depends on the officer and where you live.

Some states have regulations like if its over 30, by law they have to give you a ticket. but i all depends on the officer, and they way you treat him/her.

That would be like getting a 60 on a test and the teacher saying you passed.

leslie S
Depends on tradition in your area and the specific officer. In my jurisdiction we normally do not stop anyone until they are 15 over. If they are driving stupid then it will be 1 over. I got stopped for 11 over in another state. Trooper said that they give warnings unless 15 over for 1st timers.

No. I've gotten a ticket for going 2 mph over the speed limit...I brought it to court and when asked if I was speeding I said only by two miles per hour, the magistrate said then you were speeding, it was like $50 ticket!!

If everyone drove within the speed limit, there would be no concern about speeding tickets, and no need to discuss this. Additionally, traffic accidents due to speeding would decrease, resulting in less numbers of injuries and deaths, less emotional trauma due to the loss of loved ones, less lost work days and lower medical costs. Also, vehicle repair costs would go down along with insurance rates. So, as you can see, staying within the speed limit has many benefits that go unnoticed. ( Sure, traffic accidents will still happen, but I'm specifically talking about those that are attributable to speeding).

Slow down, stay within the speed limit, and we'll all be safer for it.

Todd M
It depends on the officer. Technically an officer can write you a ticket if you're going 1 MPH over the speed limit. Most officers I know, say they won't bother someone until they are going 7 MPH over the speed limit.

Navy Sailor - GAI
Sure until you get caught and get a ticket for speeding. The speed limit is the speed limit. Over the speed limit is speeding and can be ticketed.

You can get a ticket oberying the speed limit on a trumped up charge, if the officer needs to meet his quota.

I spoke to a copper about this and they said that they use 10% +2 rule:-

30+10%+2 =35
40+10%+2 =46
70+10%+2 =79

Anything above those speeds should warrant a ticket.

i was just found guilty in court for going 37 mph in a 35 mph zone, 2 mph above the speed gun, and fined 57 dollars for violating HRS 291C-102 in the great state of Hawaii. Hawaii is one of the most dangerous states for traffic violation; the police officers are essentially fund raisers for the state and not police officers. traffic court is not a real court but a place for ceremonial prosecutions. it would cost five hundred dollars non refundable to appeal this idiotic conviction, so it is not even worth it.

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 Underaged drinking? Help?!?
I'm 17, and the other night my friend threw a bonfire. My friend and I got there around 9- 9:30 and we saw that there was a ton of alcohol and people we didn't know playing beer pong. We ...

 Also, when I got pulled over last night, the cop said to me and I quote "You have no rights"...is this true
It had to do with my asking him for his ID which of course he refused...but is that true?...

 Why do I have 3 different restraining orders against me?
Take a guess.
Additional Details
oh, I'm female, sorry for the confusion....

 Why should I be grateful to the police?
They are public servants.
Additional Details
They are lining there own big fat pockets not doing me no ...

 Is meth against the law to use?

 What do you think about the death penalty?

 Say my bro is growing marijuana illegaly and my parents dont know, i call the cops on him who gets in trouble?
my bro is 21, he has more than 10 marijuana plants my parents have no idea, and i call the cops on him so my parents wont get in trouble? will my parents still be charged or will my brother be ...

 Cops kill Black People. Does that make black cops collaborators?

 Why do we have to abey the police?

 I was stabbed 14 times, what should i do?

Additional Details

 Drunk driving?
a friend of mine got caught drink driving just before christmas he was 3 times over the limit and crashed into 3 parked cars.
he went to court a week later and the case was put of till last week,...

 Can u beleive muslims r aloud to walk through OUR airports wearing a veil covering their face?
Why are they allowed to have their face coverd going through a uk airport?
This is wrong if it was one ov us trying to get through with something covering our face we would be asked to remove it<...

 Is any part of Britain safe enough to leave your car doors open at night? Have you ever done this?

 Should our police stop being traffic wardens and actually do there jobs?
all they want to do is stop cars for speeding, and minor traffic offences, when there are criminals out there that should be dealt with, what are we actually paying for, cos i dont feel safe on the ...

 How much do Cops make?
I want to become a Cop. However...I want to know how much the job pays. I want to be able to support myself and a family. I dont want to "just barley get by", but I dont want to be rich ...

 Why are we not treating illegal immigrants like the criminals they are?
They should be rounded up and put in jail! But instead their being given jobs and allowed to run loose. There's even a bank that allows them to open accounts. Where is our sense of national ...

 Do the police ever get breathalysed before going on duty?
I wondered if say at Christmas do Police officers have to pass a breath test when coming on duty the day after a celebration and before going out in their Police car ?????
and if not why NOT and ...

 Can a person be arrested for the same crime twice?

 How can they enforce gun control "laws" if the constitution clearly say SHALL NOT be infringed?
When I enlisted in the Army,I took an oath to uphold the CONSTITUTION. Are police required to take such an oath and if they are....
Additional Details
AM you are wrong the 2nd amendment ...

 What is the easiest way to get arrested?

Copyright (c) 2009-2013 Wiki Law 3k Saturday, February 13, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links