Speeding over 30 miles per hour is a criminal traffic offense in DC that is a misdemeanor. Like with most traffic offenses, the Office of the Attorney General for the District of Columbia prosecutes speed over 30 charges. Unless the person arrested has a pending case or is on probation, most folks get released at the police station with a citation and must appear in court to address the charge.
What is speed over 30 in DC?
Speed over 30 is exactly what it sounds like. In DC, it’s a criminal traffic offense to drive 30 or more miles per hour over the speed limit. Most speeding tickets can lead to a DMV citation but going 30 miles per hour over the limit is a criminal offense that can lead to arrest and prosecution.
What is the maximum penalty for speed over 30?
Speed over 30 carries a maximum penalty of 90 days in jail and/or a $300.00 fine. However, if convicted, the judge could impose a fine or some form of probation.
What evidence will the prosecutor present in a speed over 30 case?
The government typically tries to prove these cases by presenting LIDAR or RADAR evidence to show the person charged was actually going over 30 miles or more over the posted limit. In some cases, the government will simply try to use the police officer’s testimony as enough evidence to prove this crime. Some officers will testify that they had to drive 30 miles over the limit to catch up with the individual arrested.
Is speed over 30 a strict liability offense?
Yes. Strict liability means that it does not matter what the defendant’s knowledge or intent was in committing the crime. The mere physical act of committing it is enough in strict liability offense. In this context, it means the government does not have to prove that the person knew how fast he or she was going at trial.
Does speed over 30 carry driver’s license points with DC DMV?
A conviction for Speed over 30 carries specifically does not carry points with the DC DMV. However, the DMV imposes 5 points for going 21 miles per hour over the posted limit. That means an arrest or conviction for speed over 30 can likely lead the DMV to assess 5 points on the individual’s driver’s license.
Does the prosecutor offer diversion for speed over 30 cases?
Sometimes the OAG’s office will offer diversion for these cases depending on the circumstances. Diversion typically would involve either completing community service or a traffic safety course in exchange for dismissal. A diversion offer usually depends on the severity of the allegations and the defendant’s criminal history. In cases where the prosecutor does not offer diversion, the plea offer usually involves pleading guilty in exchange for the government not opposing unsupervised probation.
Can speed over 30 be expunged?
An arrest or conviction for speed over 30 can be sealed or expunged in DC. However, for an arrest that did not result in conviction, the waiting period is 2 years from the date of dismissal. For convictions, the waiting period is 8 years from the completion of the sentence. If an individual gets arrested for something else before filing the motion, depending on the charge, that could make the speed over 30 charge ineligible for expungement.