Is it actually legal to go 5 mph over the speed limit?

[GaryV]

This might have to do with it being around rivalry week for the Michigan Wolverines and Ohio State Buckeyes. But several years ago Frank Beckmann was Michigan's play by play radio announcer and had a talk show on WJR radio in Detroit so he was pretty well known in the area. He got a ticket in Ohio for going 56 in a 55. I don't know much about the story but I remember that.

It's been a long-standing (conspiracy?) theory that cars with MI plates shouldn't speed at all in OH, lest they be pulled over.

[jeffandnicole]

Ever since I got pulled over near Kerrville, TX back in 2008 for going 83 MPH on an 80 zone (+3 MPH over), I've been nervous and reluctant to push the pointer past the limit (even though I've been tempted to several times) ever since then.  Luckily I wasn't administered a citation, but I was reprimanded by the local police for driving "way too dangerously" and was given a stern warning to slow down.  I was so shaken up by his enraged yelling at me that I didn't let my car anywhere near the posted limit the rest of the drive back home.

The most I got yelled at by a cop was on 95 in Bucks County PA. Cop got on the highway and I was behind him, closely, doing about 16 over the limit. He merged out of my way and signaled me to pull over. He walked up to me irate, yelling why would I be tailgating a cop in a fully marked cop car doing 71 in a 55. He gave me a ticket. I took it to court mostly to plead it down to a no-point violation. It was several months later and he had been promoted by then. Didn't remember me, the speeding or following too closely. He, the procescuter and judge were all in a good mood. They were fine giving me a plea bargain, which was "failure to sign registration"...technically an impossible task for me since my state doesn't have registrations we sign. But, good enough.

None of that scared me to stop speeding though.

[1995hoo]

.... To find someone guilty of a crime, one needs proof beyond a reasonable doubt, and I think any judge or jury on earth would have a reasonable doubt that someone was really going 1 mph over the limit.

....

This sort of thing is why many, probably most (maybe all, I don't know), states don't define minor speeding as a criminal offense. They want to avoid being required to provide the full range of Sixth Amendment protections.

[SP Cook]

According to the National Highway Traffic Safety Administration, speeding is one of the most broken laws in America.

And yet driving on fully limited access roads is among the most safe things one can do.  It is almost as if, people know that the speed limits are set for revenue, and not safety, purposes and they choose to drive safe and fast. 

[1995hoo]

I've noticed that the DOT Prius is usually going 3-4 mph slower than the number shown on the speedometer.  My Accord was similar; the number on the speedometer was ~2 mph faster than what I was actually going.

How do you know the exact speed you were actually going?

With my Accord and Civic, I know the difference between them thanks to a "your speed" sign that used to exist on a road near where I grew up.  I know the Civic because of comparisons to other "your speed" signs as well as timing how long it takes me to travel distances on the Thruway that "should" take an hour given my speed (this is where my rigid behavior with speed limits actually provides a benefit other than satisfying my Aspergian need for consistency; since I always go the same speed in 65 zones unless traffic/weather forces otherwise, I need only see if I actually go 72 miles in one hour, or 36 miles in a half hour).  With the DOT Prius, I did a Thruway test as well when coming back from the last conference I went to, and there's that time my coworker had Google Maps open and we were able to read the speed registered on the GPS.

I might question the accuracy of a single "your speed" sign simply because there's no way to verify that it was properly calibrated. While of course one also can't know whether multiple such signs were properly calibrated, if they all produce the same reading I'll rely on them because it's statistically very unlikely that all of them are miscalibrated and that all of them are miscalibrated by the same amount. Like you, I've looked at the readings from multiple such signs to satisfy myself that the speed the speedometer needle is indicating is accurate.

I'm less rigid than you are about the speed limits, but one thing I figure is that if I'm going 65 mph on the Beltway (speed limit is 55 except in the HO/T lanes), or 70 mph in a 70-mph zone, and the majority of the traffic is passing me, then my speedometer is probably reasonably accurate.

[abefroman329]

This might have to do with it being around rivalry week for the Michigan Wolverines and Ohio State Buckeyes. But several years ago Frank Beckmann was Michigan's play by play radio announcer and had a talk show on WJR radio in Detroit so he was pretty well known in the area. He got a ticket in Ohio for going 56 in a 55. I don't know much about the story but I remember that.

It's been a long-standing (conspiracy?) theory that cars with MI plates shouldn't speed at all in OH, lest they be pulled over.

And I've heard another one that cops are likelier to give tickets to out-of-state drivers, since they probably won't be bothered to come back and fight the ticket in court.

[kphoger]

It's legal unless the cop has it out for you, or people who look like you.

My sorry butt got pulled over in small-town Idaho for going 38 in a 35 that was about to become a 45.

I used to know a guy who was literally chased by another vehicle all the way across Idaho.  He was as white as can be, but his vehicle had National Guard license plates.  His impression was that they were the "WE'RE the national guard around here" type.

And I've heard another one that cops are likelier to give tickets to out-of-state drivers, since they probably won't be bothered to come back and fight the ticket in court.

I grew up close to the Kansas—Nebraska state line, and it was common knowledge that Nebraska cops were more likely to ticked drivers with Kansas tags.  The presumed reason is that it was free money to the state:  the revenue earned from the ticket did not come from a Nebraskan's pocket.

[jeffandnicole]

According to the National Highway Traffic Safety Administration, speeding is one of the most broken laws in America.

And yet driving on fully limited access roads is among the most safe things one can do.  It is almost as if, people know that the speed limits are set for revenue, and not safety, purposes and they choose to drive safe and fast. 

There is a design speed and a posted speed. The design speed is used to determine the engineering of the highway/roadway. Whenever there's a condition that causes the rosd to drop below the design speed, such as a curve, an advisory speed is posted.

The posted speed limit is normally 5 or 10 mph below the design speed.  So automatically, traffic is going to feel comfortable going that 5 or 10 over because that was the actual speed the road was designed for. In some cases, the posted speed is the design speed, or above it, so exceptions do occur.

[1995hoo]

I still think the overwhelming majority of comments in this thread (including several of my own) don't address the question in the original post: "Is it actually legal to go 5 mph over the speed limit?" The question of whether a cop will actually bother to pull you over for it is a completely separate question from whether it's legal. There are plenty of other things in the same category–failing to use your blinker, failing to turn on your headlights in the rain, failing to stop behind the line at a red light, etc.

[kphoger]

I still think the overwhelming majority of comments in this thread (including several of my own) don't address the question in the original post: "Is it actually legal to go 5 mph over the speed limit?" The question of whether a cop will actually bother to pull you over for it is a completely separate question from whether it's legal. There are plenty of other things in the same category–failing to use your blinker, failing to turn on your headlights in the rain, failing to stop behind the line at a red light, etc.

Correct.

Two of us have mentioned that, at least in Kansas and Nevada, driving 5 mph over the posted limit is not considered a moving violation.  So, while it is indeed illegal, it's in the same realm of infractions as a parking infraction or driving with a broken taillight.

[hbelkins]

The only place where I don't feel comfortable driving 5 mph over the limit is Virginia, because of their radar detector ban.

[abefroman329]

I still think the overwhelming majority of comments in this thread (including several of my own) don't address the question in the original post: "Is it actually legal to go 5 mph over the speed limit?" The question of whether a cop will actually bother to pull you over for it is a completely separate question from whether it's legal. There are plenty of other things in the same category–failing to use your blinker, failing to turn on your headlights in the rain, failing to stop behind the line at a red light, etc.

having an air freshener hanging from your rearview mirror, having a clear plastic cover over your license plate, the list goes on and on.

[NWI_Irish96]

My cousin is an Indiana State Trooper. He routinely drives 10-15 mph over the limit and you aren't getting pulled over unless you're dumb enough to pass him.

[TheHighwayMan3561]

Ever since I got pulled over near Kerrville, TX back in 2008 for going 83 MPH on an 80 zone (+3 MPH over), I've been nervous and reluctant to push the pointer past the limit (even though I've been tempted to several times) ever since then.  Luckily I wasn't administered a citation, but I was reprimanded by the local police for driving "way too dangerously" and was given a stern warning to slow down.  I was so shaken up by his enraged yelling at me that I didn't let my car anywhere near the posted limit the rest of the drive back home.

I've heard 80 zones are a different animal, thar almost universally anywhere that has them cops will be quick to stop you for anything over it.

This might have to do with it being around rivalry week for the Michigan Wolverines and Ohio State Buckeyes. But several years ago Frank Beckmann was Michigan's play by play radio announcer and had a talk show on WJR radio in Detroit so he was pretty well known in the area. He got a ticket in Ohio for going 56 in a 55. I don't know much about the story but I remember that.

It's been a long-standing (conspiracy?) theory that cars with MI plates shouldn't speed at all in OH, lest they be pulled over.

And I've heard another one that cops are likelier to give tickets to out-of-state drivers, since they probably won't be bothered to come back and fight the ticket in court.

While speeding was not why I was stopped in either case, after my last two times being pulled over it's hard for me to believe my MN plates were *not* the primary reason for the police interest in me, and both stops were pretty clearly pretext stops to harass me for illegal contraband movements. One was on I-70 in Kansas in 2019 where that officer apparently realized there was nothing going on quickly and with a friendly warning to be careful he let me go. Unfortunately the ones who stopped me in Nebraska back in April were much more hostile and aggressive, bringing a K-9 to get into my car because I refused consent to search. I'm still bitter about it.

[Flint1979]

This might have to do with it being around rivalry week for the Michigan Wolverines and Ohio State Buckeyes. But several years ago Frank Beckmann was Michigan's play by play radio announcer and had a talk show on WJR radio in Detroit so he was pretty well known in the area. He got a ticket in Ohio for going 56 in a 55. I don't know much about the story but I remember that.

It's been a long-standing (conspiracy?) theory that cars with MI plates shouldn't speed at all in OH, lest they be pulled over.

I've always been fine in Ohio.

[Flint1979]

The only place where I don't feel comfortable driving 5 mph over the limit is Virginia, because of their radar detector ban.

That and they consider 15 over the limit to be reckless driving.

[elsmere241]

The only place where I don't feel comfortable driving 5 mph over the limit is Virginia, because of their radar detector ban.

That and they consider 15 over the limit to be reckless driving.

Interesting.  I got pulled over in 2001 on US 13 southbound just north of the CBBT entrance, for supposedly going 74 in a 55.  The trooper claimed that's what his speedometer said, and he was pacing me.  I had been cruising around 70 and I didn't think I was going quite so fast.  (He probably saw the North Carolina license plate and figured I couldn't fight such a ticket.)  Anyway, reckless driving didn't come up in the conversation or on the ticket.

[1995hoo]

The only place where I don't feel comfortable driving 5 mph over the limit is Virginia, because of their radar detector ban.

That and they consider 15 over the limit to be reckless driving.

Interesting.  I got pulled over in 2001 on US 13 southbound just north of the CBBT entrance, for supposedly going 74 in a 55.  The trooper claimed that's what his speedometer said, and he was pacing me.  I had been cruising around 70 and I didn't think I was going quite so fast.  (He probably saw the North Carolina license plate and figured I couldn't fight such a ticket.)  Anyway, reckless driving didn't come up in the conversation or on the ticket.

Flint1979 oversimplified. The statute regarding reckless driving due to speed provides that exceeding the posted speed limit by more than 20 mph, or exceeding 85 mph regardless of the posted speed limit, is grounds for a reckless driving ticket. (Until very recently, the latter part was exceeding 80 mph regardless of the posted speed limit; the statute was amended either last year or the year before.) So 74 in a 55 would not be grounds for a reckless if the sole basis is speed.

That statute is not the only basis for a reckless driving ticket, though. If it were a snowy day and the road were unplowed and you were bombing along at 70 in a 55 zone, a cop might write you a reckless ticket if there is other traffic around and everyone else is going slower than you are.

[Flint1979]

The only place where I don't feel comfortable driving 5 mph over the limit is Virginia, because of their radar detector ban.

That and they consider 15 over the limit to be reckless driving.

Interesting.  I got pulled over in 2001 on US 13 southbound just north of the CBBT entrance, for supposedly going 74 in a 55.  The trooper claimed that's what his speedometer said, and he was pacing me.  I had been cruising around 70 and I didn't think I was going quite so fast.  (He probably saw the North Carolina license plate and figured I couldn't fight such a ticket.)  Anyway, reckless driving didn't come up in the conversation or on the ticket.

Flint1979 oversimplified. The statute regarding reckless driving due to speed provides that exceeding the posted speed limit by more than 20 mph, or exceeding 85 mph regardless of the posted speed limit, is grounds for a reckless driving ticket. (Until very recently, the latter part was exceeding 80 mph regardless of the posted speed limit; the statute was amended either last year or the year before.) So 74 in a 55 would not be grounds for a reckless if the sole basis is speed.

That statute is not the only basis for a reckless driving ticket, though. If it were a snowy day and the road were unplowed and you were bombing along at 70 in a 55 zone, a cop might write you a reckless ticket if there is other traffic around and everyone else is going slower than you are.

I personally know a Saginaw County Sheriff here in Michigan and he told me once that they really only look for people standing out. Like you said with the snowy day example, if the speed limit is 70 and everyone is driving 80 but you get someone going 100 or so through there the guy going 100 is going to stand out but the people going 80 won't.

[frankenroad]

Funny, just yesterday I was driving with a friend between Dayton & Cincinnati, and we had this conversation.  Our conclusion, based purely on observation this day and others, is that speeding alone (at least up to 10 miles over) is not likely to get you pulled over.  At the time, I was going 73 in a 65 zone and passed two cops.  What will get you pulled over is weaving, tailgating, etc. 

I have heard the rumors about Ohio cops pulling over Michigan drivers at a higher rate than other drivers.  Not sure if it's true, but my sense is that, in any state, an out-of-state driver is more likely to be pulled over than an in-state driver.   I have no concrete evidence of this, other than being observant over the 50+ years I have been driving.

[Bruce]

My rule of thumb is to stick to 10% of the speed limit when going over. For a 60 mph freeway, I'd set my cruise control around 66, and be able to generally keep up with the flow of traffic. For a city street, I'd stick more closely to the limit, since going 1 or 2 mph faster is utterly pointless.

[Flint1979]

Seriously the most pulled over out of state vehicles I see have Illinois license plates.

[Scott5114]

Seriously the most pulled over out of state vehicles I see have Illinois license plates.

Probably because they honk so much.

[Brandon]

Seriously the most pulled over out of state vehicles I see have Illinois license plates.

It's probably not just speed.  They're called FIBs, FIP, and FISH for a reason.

[Brandon]

Bolingbrook, Illinois used to have standing orders that no one was to be pulled over for 10 mph over the limit.  Not sure if these orders still exist, but they did under the previous long-term mayor.