Speeding Tickets in Iowa
Fighting a Speeding Ticket in Iowa
Iowa Points – Fines – Reciprocity and Other Issues
Speeding laws are generally separated into two categories: absolute speed limits and presumed speed limits. Absolute speed limits are strict liability law; meaning that a traffic violation occurs when you drives over the posted speed limit. Absolute speed limits make no distinction if the violation was one mile over the speed limit or one hundred over the speed limit; both are sufficient for a speeding ticket. Furthermore, absolute speed limits need no showing of intent to speed. In Iowa, unless otherwise provided by statute or speed signs, the speed limit for all motor vehicle is 55 miles per hour. By statute, however, a motor vehicle may only drive at
- 20 miles per hour in business districts,
- 25 miles per hour in any residential or school district,
- 45 miles per hour at suburban districts,
- 55 miles per hour between sunrise and sunset on secondary roads not paved by concrete or asphalt,
- 70 miles per hour on any interstate highway, and
- 65 miles per hour on any multilane highways that is not part of the interstate highway system.
Presumed speed limits create a presumption that the driver was breaking the law by going above or below the posted speed limit. In a normal hearing, the prosecutor is required to show that you were driving above or below a speed by clear and convincing evidence. Presumed speed limit laws allow you to rebut this presumption by showing that she was driving at a relatively safe speed. Iowa has a minimum presumed speed limit. Under Iowa law, you are not allowed to drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. Unless there is an emergency, you will be fined for blocking or slowing down traffic.
Speed limits of certain vehicle.
As a generally rule, every vehicle on an Iowan highway cannot exceed 55 miles per hour; except where provided. Iowa does not distinguish between different types of vehicles; all vehicles must obey the same exact law as stated above.
Elements of Speeding in Iowa
Certain elements are required before a speeding conviction attaches. Normally, the government has to show the description, ownership, driver, location, specific law, and the speed of the vehicle. The identity means what did the vehicle that violated the law look like. Ownership refers to who owns the vehicle. Did the driver drive the vehicle or someone else? Accordingly, the government has to prove the driver of the vehicle. Is the driver of the speeding vehicle the same person in this hearing? If the government cannot show that you drove the vehicle, then a speeding conviction is inappropriate. Furthermore, the government has to show the location refers to where the violation took place. Different highways have different speed limits, violation of one does not mean violation of another (i.e. some highways have a 55 miles per mile while others have a 70 miles per hour). Moreover, if the speeding violation occurred somewhere outside Iowa (i.e. Pennsylvania), Iowan courts have no right to punish you. The prosecutor is also required to show the specific law that was broken and the speed of the vehicle. The prosecutor has to show that Iowa set a maximum speed at this location and that you, by driving at an “X” miles per hour, violated that statute.
Under Iowa law, you are not guilty of speeding unless the prosecutor can show by clear and convincing evidence, which is more likely than not or that there is a 51% chance that you sped.