Q I’ve been told that the cops won’t stop you unless you’re going at least 10 mph over the speed limit. Is that true?
A No, it is not true. Not entirely. Many agencies do allow some “tolerance,” but it’s not always a set number over the speed limit, and it depends on traffic conditions, potential hazards, and of course, the officer’s discretion. For instance, on a given highway where conditions are favorable, motorists might be allowed a 5-10 mph tolerance, but in a residential area where kids are playing and cars parked along the street compromise visibility, that tolerance might be less. Weather can also play a big part – on ice covered streets, there might be no tolerance at all.
People make mistakes, and little ones can be forgiven. Your speedometer might be off. You might be late for school and pushing the limit. You might be singing to the radio and don’t notice your speed creeping up as you’re belting out some Bon Jovi. A couple of mph over the limit is forgivable – that’s why we have tolerances.
Relying on these tolerances can be hazardous to your driving record, however, not to mention your safety. Let’s say that you routinely drive 8-9 mph over the limit because you assume that there’s a 10 mph tolerance. One day you get a new set of tires and, unbeknownst to you, it’s thrown your speedometer off. The next day, you’re in a rush because you are late for work, but you don’t notice it because the speed feels “normal”. Suddenly, you see the red lights in your mirror and five minutes later, the officer is handing you a speeding ticket – for 16 mph over the limit! What happened? You abused that little bit of tolerance and when you really needed it, it wasn’t there.
You can’t assume anything about tolerances. You might be driving well over the speed limit as you pass a police car, yet the officer does not pursue and stop you. Don’t get the idea that it is okay to drive “X” mph over the limit – there may be other reasons the officer did not take action. For example, the officer may have been watching for a specific vehicle, such as one just involved in a robbery, or they may have an assignment other than working traffic. An officer driving the opposite direction may have been responding to a priority call and was forced to ignore speeding motorists.
The bottom line: driving over the speed limit is against the law. Period. Don’t encroach into whatever tolerance you believe there is. Play it safe, pay attention to the speed limit, and don’t exceed it. This also makes driving less stressful – when you see that police officer up ahead, you don’t have to panic brake. You can just smile and wave as you pass by.
Doug Dickey is a retired Carthage police officer, and is currently serving with another local department. Answers to questions here are general in nature and may not pertain to all agencies, nor should they be interpreted as legal advice. Contact your local agency or an attorney if you have specific questions regarding law enforcement or legal matters.
