Recently, I blogged about limitations on a judge’s authority to enter a disposition of prayer for judgment continued in speeding cases depending upon the speeding charge. (You can read that post here.) The recent discussion regarding judgments in speeding cases begs the question of why specific speeds are part of the adjudication in the first place. A person can violate the speed restrictions that apply on North Carolina roads in one of three ways: (1) by driving at a speed greater than is reasonable and prudent under existing conditions ; (2) by exceeding maximum speed limits; or (3) by operating a vehicle at less than a minimum posted speed. See G.S. 20-141. Generally speaking, speeding is an infraction -- a noncriminal violation of the law -- punishable by a penalty of not more than $100. Driving on a highway at a speed of more than 15 miles per hour over the speed limit or over 80 miles per hour, however, is a Class 2 misdemeanor, punishable by up to 60 days imprisonment, depending upon the person’s prior record level. A plain reading of the statute reveals that charges involving the second variety of speeding (which is commonly referred to as exceeding the posted speed, though there is no requirement that the speed be posted unless it is higher or lower than the presumptive 35 mph inside municipal corporate limits or 55 mph outside municipal corporate limits) require only a determination of whether the person drove a vehicle on a highway in [...]
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