What are the elements of a speeding charge?
A. It depends on whether your state bases its speeding laws on “absolute/fixed maximum limits” or “prima facie limits.” It is a violation to exceed a fixed maximum limit regardless of the circumstances at any time. On the other hand, prima facie limits allow drivers to justify the speed at which they were driving by considering traffic and road conditions and visibility. Q. Does the type of speed limit change the nature of the complaint against me? A. Yes. The complaint and notice or summons to appear for a fixed maximum violation will specify both your alleged speed and the maximum speed allowable within the locality. In contrast, in prima facie jurisdictions, driving above the posted speed limit is not the offense. The police must charge you with driving above a speed that was reasonable and proper given the existing conditions. One example might be driving fifty miles per hour in a school zone. Speeding laws vary greatly from state to state. Therefore, it is a good idea, for legal a
