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The Five Over Myth and Debunking It

The Five Over Speeding Myth

The “five over speeding myth” refers to a commonly held belief that it is generally safe to drive up to five miles per hour over the posted speed limit without risking a speeding ticket or enforcement action. However, it’s important to note that this is not a legal defense or a universally recognized rule.

In reality, the enforcement of speed limits and the tolerance for exceeding them can vary by jurisdiction and the discretion of law enforcement officers. While some officers may exercise leniency for minor speed infractions, it does not guarantee immunity from a ticket. In many places, exceeding the posted speed limit, even by a small margin, can still result in a citation.

It’s crucial to remember that speed limits are established to promote safety and account for factors such as road conditions, traffic flow, and pedestrian safety. Adhering to the posted speed limits and driving at a safe and reasonable speed is the best practice to ensure your safety and that of others on the road.

If you receive a speeding ticket, it’s advisable to consult local traffic laws, review the specific circumstances of your violation, and consider available legal options, such as contesting the ticket or seeking legal advice from a qualified attorney. They can provide guidance based on the laws and regulations of your jurisdiction.

No Five Over Grace For Texas Drivers

While some jurisdictions or law enforcement officers may exercise some discretion regarding minor speed infractions, it is not an official policy or a legal defense.

In Texas, exceeding the posted speed limit, even by a small margin, can result in a speeding ticket or other enforcement actions. It’s essential to adhere to the posted speed limits and drive at a safe and reasonable speed to ensure your safety and comply with the law.

If you receive a speeding ticket in Texas, it’s advisable to consult the specific traffic laws and regulations of the jurisdiction where the violation occurred. Additionally, you may consider available legal options such as contesting the ticket or seeking guidance from a qualified attorney familiar with Texas traffic laws. They can provide you with accurate information and advice based on the latest regulations and procedures.

When Can I Break the Speed Limit In Texas?

In Texas, you are generally expected to obey posted speed limits and drive at a safe and reasonable speed. However, there are a few circumstances where you may be allowed to exceed the posted speed limit under certain conditions. These situations include:

Passing: Texas law permits exceeding the posted speed limit temporarily while passing another vehicle on a two-lane road or a highway with two or more lanes in the same direction. The passing maneuver should be done safely and without endangering other drivers or property.

Minimum Speed Limits: If you are driving below the posted speed limit and impeding the normal and reasonable flow of traffic, you may be required to increase your speed to reach the minimum limit posted on certain roads. This ensures that traffic moves smoothly and avoids potential hazards due to slow-moving vehicles.

Emergency Situations: If you are faced with an emergency situation where there is an immediate threat to your safety or the safety of others, such as to avoid a collision or respond to a medical emergency, Texas law allows you to exceed the speed limit. However, it’s crucial to exercise caution and prioritize safety even in these situations.

Designated Areas: Some areas, such as certain rural highways or tollways, may have higher posted speed limits. If you are driving in such areas, you can legally travel at the posted speed limit, which may be higher than the standard limits on other roads.

It’s important to note that while these circumstances may allow you to exceed the speed limit under specific conditions, it is always advisable to drive at a safe and responsible speed, considering the road conditions, traffic, weather, and the safety of yourself and others on the road. Additionally, it’s essential to be aware of any local ordinances or regulations that may affect speed limits in specific areas.

How Texas Driving Laws Differ From Other States

Speed limit laws can vary across states, and they can be categorized into three main types: basic, absolute, and presumed. Here’s how these speed limit laws differ and how they may apply in Texas compared to other states:

Basic Speed Limit Laws: Under basic speed limit laws, drivers must always operate their vehicles at a speed that is safe and reasonable for the given conditions, regardless of the posted speed limit. This means that even if the posted speed limit is higher, drivers are expected to adjust their speed if factors such as weather, traffic, or road conditions require it. Texas, like many other states, follows basic speed limit laws. This means that drivers in Texas must consider the conditions and adjust their speed accordingly, even if it is below the posted limit.

Absolute Speed Limit Laws: Absolute speed limit laws set a specific numerical limit that drivers must not exceed under any circumstances. If a driver exceeds the posted speed limit, they are in violation of the law, regardless of the road and traffic conditions. Many states have absolute speed limit laws, where drivers must strictly adhere to the posted speed limits. It’s important to note that within absolute speed limit states, certain exemptions may exist for specific situations such as passing or emergency responses.

Presumed Speed Limit Laws: Presumed speed limit laws establish a prima facie speed limit, which means that drivers are presumed to be in violation if they exceed the posted speed limit, but they can present evidence to the contrary in court. In states with presumed speed limit laws, drivers may be able to argue that they were driving safely even if they exceeded the posted limit. This places the burden of proof on the driver to demonstrate that their speed was reasonable given the conditions. However, it’s important to note that Texas does not have presumed speed limit laws, and drivers are expected to adhere to the posted speed limits without the ability to present evidence to the contrary.

It’s worth mentioning that speed limit laws can be further nuanced and may vary within each category across states. Additionally, specific circumstances, such as school zones or work zones, may have different speed limit regulations. To ensure compliance with speed limit laws, it is always advisable to refer to the specific laws and regulations of the state or locality in which you are driving.

Speed Ticket Prices

The cost of a speeding ticket, including fines and associated fees, can vary depending on the jurisdiction where the ticket was issued. Additionally, factors such as the speed at which you were caught, the specific circumstances of the violation, and any previous offenses can also impact the price of a speeding ticket.

An example of the price tickets in Houston, Texas can be as low as $164 in fines for only 5 miles per hour above the speed limit. Up to $304 in fines for an excess of 30 miles per hour over the limit.

In San Antonio the estimate for tickets can start from $173 for 10 mile per hour over the speed limit and an additional $5 for every 1 mile per hour over the 10 mile per hour.

In Dallas there is a base fine for speeding anywhere between 1-10 miles over the limit is $97 and anything above 20 miles per hour above the speed limit is $200 fine.

It’s important to remember that paying a speeding ticket may result in points being added to your driving record, which can have consequences such as increased insurance rates or potential license suspension. In some cases, you may have the option to contest the ticket or attend traffic school to mitigate the impact on your driving record. Consulting with a traffic attorney or seeking legal advice can be beneficial in understanding your options and potential consequences.

Need Help? Call Us Now!

Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side to help you build the best defense case for you. We will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you. We can explain everything you need to know about your trial and how to defend your case best. We can help you step by step through the criminal process.

Therefore, do not hesitate to call us if you find yourself or someone you know that is facing criminal charges unsure about the court system. We will work with you to give you the best type of defense that can help you solve your case. It is vital to have someone explain the result of the charge to you and guide you in the best possible way.

Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you.

Also, here at the Law Office of Bryan Fagan, you are given a free consultation at your convenience. You may choose to have your appointment via Zoom, google meet, email, or an in-person appointment; and we will provide you with as much advice and information as possible so you can have the best possible result in your case.

Call us now at (281) 810-9760.

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Five Over Myth FAQs

No, there is no official “five over” grace for Texas drivers. Exceeding the posted speed limit, even by a small margin, can result in a speeding ticket or other enforcement actions.
While some law enforcement officers may exercise discretion for minor speed infractions, it is not an official policy or a legal defense in Texas.
Texas drivers should always adhere to the posted speed limits and drive at a safe and reasonable speed to ensure their safety and comply with the law.
If you receive a speeding ticket in Texas, you should review the specific traffic laws and regulations of the jurisdiction where the violation occurred. You may consider available legal options, such as contesting the ticket or seeking guidance from a qualified attorney familiar with Texas traffic laws.
For accurate information regarding speeding tickets in Texas, you should contact the relevant traffic court or the Texas Department of Public Safety (DPS) for guidance.

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