# Can you get ticketed for going 1 mph over the speed limit? **URL:** \ **Category:** Factual Questions\ **Created:** [December 10, 2002, 1:25pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754 "2002-12-10T13:25:53Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Spoke](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@Spoke](https://boards.straightdope.com/u/Spoke)\ **Post date:** [December 11, 2002, 3:10pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/41 "2002-12-11T15:10:29Z")
> [@](#): > > \*Originally posted by amarone \* > **I’d also heard that in Geargia the cop with the radar had to be visible for a certain number of feet - 500, I think. Can anyone confirm or correct that?** Yes, that’s [true](http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/14/7). There are several other restrictions on use of radar by local cops (as apposed to the State Patrol). The idea is to prevent small towns from setting up unfair speed traps as revenue-generating devices. More restrictions [here](http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/14/6), [here](http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/14/9), and [here](http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/14/11). The latter code section provides for suspension of a locality’s permit to use radar devices if it is using them for revenue-generating purposes rather than to promote public safety. With regard to the OP’s question, [here’s the code section](http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/14/8) governing how much margin for error local cops in Georgia must give when using radar. As I mentioned before, the State Patrol is not governed by these restrictions. Only local cops. > [@](#): > > \*\*I got a ticket for 9mph over in GA, but it was a state cop (79 in a 70). \*\* Unusual. Were you actually going 79, or were you maybe going a little faster, and the cop did you a favor and wrote your speed down a bit? Usually they won’t stop you on the interstate unless you’re at least 10 mph over the limit (or unless they’re looking for an excuse to stop a “suspicious” vehicle). ---
**Author:** ![amarone](https://avatars.discourse-cdn.com/v4/letter/a/e0b2c6/32.png) [@amarone](https://boards.straightdope.com/u/amarone)\ **Post date:** [December 11, 2002, 11:21pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/42 "2002-12-11T23:21:19Z")
> [@](#): > > \*Originally posted by spoke- \* > \*\*Yes, that’s [true](http://gnsun1.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/40/14/7). > Unusual. Were you actually going 79, or were you maybe going a little faster, and the cop did you a favor and wrote your speed down a bit? Usually they won’t stop you on the interstate unless you’re at least 10 mph over the limit (or unless they’re looking for an excuse to stop a “suspicious” vehicle). \*\* I believe that the 79 was accurate. I normally try stay within 10 of the limit and set the cruise control at 9mph over. I can’t remember whether I’d set it that time or not - it was 5 years ago. The weather was good and the road was quiet. Maybe the cop needed to give more tickets to make his quota. I was certainly very surprised to be stopped. ---
**Author:** ![redvett](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@redvett](https://boards.straightdope.com/u/redvett)\ **Post date:** [August 11, 2017, 7:24pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/43 "2017-08-11T19:24:49Z")
No you cannot. Vehicle MFR’s in the USA are required by Federal law to be within ± 7 MPH when manufactured. You may be written up BUT you can fight and beat anything under 7 MPH. ---
**Author:** ![markn\_1](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@markn\_1](https://boards.straightdope.com/u/markn_1)\ **Post date:** [August 11, 2017, 7:47pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/44 "2017-08-11T19:47:02Z")
Zombies can be ticketed for driving at any speed. However, [nolo.com](http://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter5-1.html) entirely disagrees with you: > [@](#): > > In short, an officer can still ticket you for driving at or below the posted limit, if it is unsafe to do so. This is true in all states. Emphasis added. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [August 11, 2017, 7:49pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/45 "2017-08-11T19:49:39Z")
You can fight and beat a ticket for going 30 over. It won’t often work, but you can try. The only true answer to the GQ is that yes, you can get a ticket for any measurable amount over the limit. ---
**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\ **Post date:** [August 11, 2017, 8:19pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/46 "2017-08-11T20:19:34Z")
> [@redvett](#): > > No you cannot. Vehicle MFR’s in the USA are required by Federal law to be within ± 7 MPH when manufactured. You may be written up BUT you can fight and beat anything under 7 MPH. First, this is [not factually correct](https://www.thrillist.com/cars/your-speedometer-is-wrong-speed-calibration-inaccuracy-in-german-american-and-japanese-cars). > [@](#): > > For ordinary passenger vehicles, there’s no law in the U.S. that regulates speedometers, but U.S. manufacturers (and most Japanese as well) subscribe to a standard called SAE J1226. Your speedometer reading must be within a range of plus or minus four percent off, but that’s four percent over the entire range of the speedometer, and that range can then be shifted in what’s called a bias. Commercial vehicles are [required to be accurate](https://www.law.cornell.edu/cfr/text/49/393.82) within 5 MPH at 50 MPH (10% at 50 MPH). Second, you can’t be assured of beating a speeding ticket based solely on the accuracy of your speedometer. Having an inaccurate speedometer does not relieve you from having to obey the law. Maybe some judges would dismiss it, but it’s far from certain. ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [August 11, 2017, 8:37pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/47 "2017-08-11T20:37:54Z")
I can say with complete confidence that _if you admit in a court of law that you were 1 mph over the lawful speed limit_ … you will be found guilty of driving over the lawful speed limit … please don’t ask how I know that … [ashamed look] … ---
**Author:** ![SamuelA](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@SamuelA](https://boards.straightdope.com/u/SamuelA)\ **Post date:** [August 11, 2017, 9:06pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/48 "2017-08-11T21:06:09Z")
You can get a ticket even if you weren’t traveling over the limit and no measurement was taken. [Visual speed estimates by police are guesses with no formula, just practice, to guide them - cleveland.com](http://blog.cleveland.com/metro/2010/06/visual_speed_estimates_by_poli.html) ---
**Author:** ![purplehearingaid](https://avatars.discourse-cdn.com/v4/letter/p/7bcc69/32.png) [@purplehearingaid](https://boards.straightdope.com/u/purplehearingaid)\ **Post date:** [August 11, 2017, 9:10pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/49 "2017-08-11T21:10:11Z")
I heard of someone getting a speeding ticket for going one mile over the limit. I know someone that got 3 speeding tickets with a few months and he had to go to anger management classes. The police told the class if a police has to get out of their car in the rain or snow b/c someone is speeding they’ll be pissed off and most likely give a person a ticket no matter how many miles they were over the limit. ---
**Author:** ![Maeganspop](https://avatars.discourse-cdn.com/v4/letter/m/e56c9b/32.png) [@Maeganspop](https://boards.straightdope.com/u/Maeganspop)\ **Post date:** [August 11, 2017, 9:30pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/50 "2017-08-11T21:30:40Z")
I was once given a warning for going 31 in a 30. Should I have refused the warning and asked to be ticketed instead? My thinking now is that the ticket would have been beaten easily. Maybe a week later after the warning I get clocked at 10mph over the limit. Since I have the warning on record, I may be less likely to get a warning for the 10mph over. Can you even asked to be ticketed instead of receiving a warning? ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [August 11, 2017, 9:31pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/51 "2017-08-11T21:31:56Z")
Not in Florida. You can get pulled over and warned, but the penalty for less than 5 over is a warning per statute. ---
**Author:** ![anomalous1](https://avatars.discourse-cdn.com/v4/letter/a/e56c9b/32.png) [@anomalous1](https://boards.straightdope.com/u/anomalous1)\ **Post date:** [August 11, 2017, 9:31pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/52 "2017-08-11T21:31:58Z")
Speed limit on the highways and expressways here are often limited to the 50-65 range in and around Chicago… everybody does 70-75. Streets the limit is usually 20-35. Everyone drives 35-40. Either the cops have better things to do, or they can’t pull everyone over. God forbid I drive 30, people always pass me and I have had cops passing me (illegally/bike lanes) as well. Never heard of anyone being pulled over for doing 1mph. Even the speed traps here only give out a warning unless its 6-11 mph over the limit. I suppose it all depends on how bored the cops are too. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [August 11, 2017, 9:38pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/53 "2017-08-11T21:38:13Z")
> [@redvett](#): > > No you cannot. Vehicle MFR’s in the USA are required by Federal law to be within ± 7 MPH when manufactured. You may be written up BUT you can fight and beat anything under 7 MPH. I got a speeding ticket, had my speedometer checked, and it was off. The judge simply changed the charge from speeding to “non-working equipment.” That kept me from getting points on my license, but I still had to pay the fine. ---
**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\ **Post date:** [August 11, 2017, 10:07pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/54 "2017-08-11T22:07:27Z")
There are a few wrong statements about UK speeding law above: Technically 1mph over is breaking the law, but the National Police Chiefs’ Council (NPCC) suggests police forces don’t prosecute until drivers exceed a margin of error of 10 per cent of the speed limit to take into account driver concentration, plus 2mph for speedometer error. This is NOT law, but a guideline that will mostly be followed if speeding is the only offence. You will not suffer an instant loss of a licence, even if you are doing 100 plus in a 70 zone. There are three levels of penalty - Band A is 3 points on your licence and a fine of around 50% of your weekly income. Band B means 4 to 6 points on your licence, or disqualification for between 7 and 28 days, plus a fine of 100% of your weekly income. (but only after a court hearing), and Band C – This is for the most egregious speeding. Band C means 6 points on your licence or disqualification for between 7 and 56 days, as well as a fine of 150% of your weekly income (court again). For Band A offences a speed awareness course may be offered instead of points and a fine. All drivers who get 12 or more active penalty points are disqualified at court for at least 6 months. Oh - and the emergency telephones are not exactly one mile apart, only approximately. No good for speedometer calibration. ---
**Author:** ![Doug\_K](https://avatars.discourse-cdn.com/v4/letter/d/b5ac83/32.png) [@Doug\_K](https://boards.straightdope.com/u/Doug_K)\ **Post date:** [August 11, 2017, 11:32pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/55 "2017-08-11T23:32:39Z")
I’ll feed the zombie by saying that I was given a written warning in Oklahoma for going 56 in a 55 some years ago. It was on a 4 lane highway (not an interstate), I had an out of state tag (no, he did not say “You ain’t from around heah, boy”), and I had the cruise control set. My speedometer read 55 on the dot, and the trooper was going just a little slower than me. I maintained my speed and passed him (very slowly). He turned on his lights right after i pulled back into the right lane. He said I was going 56 and that there was zero tolerance for speed. I told him I had my cruise set at 55. He said my speedometer must be off and gave me a written warning. Some years later when I got a GPS receiver I discovered that the speedometer is off, but the other way. When it says 55 I’m actually going 50. I have to set it at 66 to be really going 55. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [August 12, 2017, 12:34pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/56 "2017-08-12T12:34:04Z")
In my state: Local cops cannot ticket you unless you are going over at 5 mph over the limit. This is to deter small town speed traps a tiny bit. State Patrol can nail you for 1 over. But … No penalties kick in until you go at least 5 over. So you can get a ticket that is effectively a warning. In addition, most forces have a “slop” allowance of 5 mph. So you can go almost 10 over on local roads. All assuming otherwise average conditions, not a school zone, etc. YMMV. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [August 12, 2017, 1:17pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/57 "2017-08-12T13:17:33Z")
> [@watchwolf49](#): > > I can say with complete confidence that _if you admit in a court of law that you were 1 mph over the lawful speed limit_ … you will be found guilty of driving over the lawful speed limit … please don’t ask how I know that … [ashamed look] … Oh yeah I’ve seen that played out in court. “Your honor there is no way I was doing 40 in a 25. I looked down at my speedometer and it said 30.” “So you’re defense is that you were speeding but not too much?” “Yes?” “Guilty.” > [@purplehearingaid](#): > > I heard of someone getting a speeding ticket for going one mile over the limit. > > I know someone that got 3 speeding tickets with a few months and he had to go to anger management classes. The police told the class if a police has to get out of their car in the rain or snow b/c someone is speeding they’ll be pissed off and most likely give a person a ticket no matter how many miles they were over the limit. It’s not possible to get out of the car for speeding while it’s raining if you never turn on the radar unit. Rookies. > [@Maeganspop](#): > > I was once given a warning for going 31 in a 30. Should I have refused the warning and asked to be ticketed instead? > > My thinking now is that the ticket would have been beaten easily. Maybe a week later after the warning I get clocked at 10mph over the limit. Since I have the warning on record, I may be less likely to get a warning for the 10mph over. > > Can you even asked to be ticketed instead of receiving a warning? You can always talk yourself into a ticket. It depends on your state whether a warning is put on your record or if it available to another officer. ---
**Author:** ![SamuelA](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@SamuelA](https://boards.straightdope.com/u/SamuelA)\ **Post date:** [August 12, 2017, 1:42pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/58 "2017-08-12T13:42:53Z")
> [@Maeganspop](#): > > I was once given a warning for going 31 in a 30. Should I have refused the warning and asked to be ticketed instead? > > My thinking now is that the ticket would have been beaten easily. Maybe a week later after the warning I get clocked at 10mph over the limit. Since I have the warning on record, I may be less likely to get a warning for the 10mph over. > > Can you even asked to be ticketed instead of receiving a warning? Umm, what negative consequence did you face for the warning? Obviously the interaction was logged by the police officer, but it would have been logged even if you had gotten a ticket and then gotten the ticket dismissed. As a side note, I’ve gotten a ticket dismissed, and not only did it cost me an attorney’s fee ($120), but also I still had to pay court costs ($80). So $200 - if I had paid the ticket immediately for a discount, it would have cost me less. (although it would have now been on my record and cost me higher insurance rates) ---
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [August 12, 2017, 6:06pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/59 "2017-08-12T18:06:09Z")
In CA I believe you have to not only be over the limit, but in the judgement of the officer, you have to be going so fast as to be hazardous to others. I think the intent is to prevent speed traps, and ticky-tack 1 mile over tickets. ---
**Author:** ![CC](https://avatars.discourse-cdn.com/v4/letter/c/f1d935/32.png) [@CC](https://boards.straightdope.com/u/CC)\ **Post date:** [August 13, 2017, 12:18pm UTC](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754/60 "2017-08-13T12:18:52Z")
> [@watchwolf49](#): > > I can say with complete confidence that _if you admit in a court of law that you were 1 mph over the lawful speed limit_ … you will be found guilty of driving over the lawful speed limit … please don’t ask how I know that … [ashamed look] … Anecdote: While waiting in traffic court for my turn, I observed a young man pleading his speeding case. He had swerved and sped up to get around some sudden impediment and said that he “just barely” went over the speed limit for a moment. The judge said, “Ok, so you say you were speeding, and the policeman says you were speeding, and you want me to say you weren’t speeding? Guilty.” [Previous page](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754.md?page=2) [Next page](https://boards.straightdope.com/t/can-you-get-ticketed-for-going-1-mph-over-the-speed-limit/141754.md?page=4)