Speeding Tickets in Kentucky
Fighting a Speeding Ticket in Kentucky
Kentucky Points – Fines – Reciprocity and Other Issues
There are two regarded definitions of speed limit that states use; absolute and presumed. An absolute speed limit is when the posted limit is the absolute maximum speed that a driver can go. Going over the limit by one mile an hour is considered illegal, regardless of road conditions. A majority of states follow an absolute speed limit law. In contrast to absolute speed limits, there is a presumed speed limit. This is where the driver is presumed to be breaking the law by going above the posted speed limit, and it is the driver’s burden to prove they were going at a safe speed for road and traffic conditions. There are a minority of states that observe this type of limit because it is subjective and can be argued by either the driver or the ticketing officer. Since it leaves too much wiggle room for interpretation, most jurisdictions prefer the absolute method where it is clearly defined if the driver was speeding or not. Kentucky follows the presumed method, as its statute stipulates that a driver of a vehicle shall not drive at a greater speed than is reasonable and prudent, having regard for the traffic and for the condition and use of the highway. This is where the driver does need to take the conditions of the road and environment into consideration. Although there may be posted speed limits, it is not required that a driver go that exact speed. It is a posted maximum, not a minimum.
However, a driver may be ticketed for going to slow, depending on the weather conditions and traffic. The state of Kentucky does have posted speed limits in their statues. Those limits are: Sixty-five (65) miles per hour on interstate highways and parkways; Fifty-five (55) miles per hour on all other state highways; and Thirty-five (35) miles per hour in a business or residential district. However, effective June 8, 2011, House Bill 289 was passed and it creates higher fines for anyone caught speeding in one of the thirteen 70 mile-per-hour zones.
Elements of a speeding charge in Kentucky
The elements of a speeding charge are the necessary requirements for a driver to be convicted of speeding. These requirements in Kentucky are that a person must be driving a vehicle that is under his control, and that while driving the vehicle, the driver exceeded the posted speed limit. This means that the person that is given the ticket for speeding must be the person who was driving the car at the time it is pulled over. Additionally, the car must have been clocked going faster than the posted speed limit and it must also be the vehicle that was speeding at the time. However, since Kentucky follows the presumed speed limit law, it is possible that the driver could be cited for speeding even though he was going the posted speed limit, depending on weather and traffic conditions.
Speeding laws for commercial vehicles in Kentucky
Kentucky does not have different speeding laws for commercial land non commercial vehicles. Since Kentucky operates under the presumed speeding law, a commercial driver could be going the posted speed limit and still be ticketed because of the conditions of the road and what would be considered reasonable under the circumstances. In most cases in would be prudent for drivers of commercial vehicles to go no faster than the posted speed limits, and in some cases to go slower, depending on what is being transported.