Speed Limit Laws in Newport News

Due to the severity with which speeding cases are treated in Newport News and the rest of Virginia, it is important that you are aware of the speeding laws and what to do if cited for speeding. Below, a Newport News reckless driving lawyer discusses what you need to know and how a defense can potentially be built. To learn more call and schedule a consultation today.

Newport News Speed Limit Information

The speed limit is what Newport News has determined to be the maximum safest speed that you should be going on any given stretch of road. You do have to follow the speed limit, and any speed over the speed limit is technically a ticketable offense.

Newport News follows what Virginia follows which is absolute and basic speed limit laws which means that it’s illegal to drive at any speed over whatever the posted speed limit is. If the posted speed limit is 25 miles per hour, for example, then it’s going to be illegal to drive 26 miles per hour or more. Most states follow absolute speed limit laws, however, a handful of states follow presumed limits, and every single state follows basic speed limit laws.

Defenses For Speeding

The defenses for exceeding the speed limit generally include more mitigating defenses rather than an overall defense, for why someone was going at the alleged speed. The best defense for someone going over the speed limit, is an emergency situation, but apart from that, there aren’t very many excuses.

The better avenue to take instead of trying to prove that the speeding didn’t occur, is to try to introduce evidence to support having the charge reduced even though the defendant was going at that speed. Defenses like this include a speedometer calibration that shows that the speedometer of the driver wasn’t calibrated properly, and therefore the driver’s high speed was due to faulty equipment rather than a disregard of the law.

Another one is having the defendant takes a driver improvement class to show the judge that he’s being proactive in improving his driving and preventing further incidents. Another good defense presents itself if the defendant has a clean record, because then it’s easier to persuade a charge that this was a one-time mistake that should be forgiven.

Is Going With The Flow Of Traffic a Defense?

Going with the flow of traffic is generally not a good speeding defense. It’s probably the most commonly alleged defense in court by people who don’t have an attorney, but it fails nearly every time it is used. You’re better off speaking with a lawyer to determine what defenses are available in your situation and what you can do to help your case. Each case is different, and an attorney is in the best position to help you fight your charge effectively.

What If There is No Sign Posted?

If there is no posted sign, then the speed limit defaults in different areas to different speeds. In business and residential areas, the speed limit default is 25 miles per hour. On secondary road, the limits are 45 miles per hour for trucks and 55 miles per hour for other vehicles. For unpaved roads, the speed limit default is 35 miles per hour.