Relating to operating a motor vehicle at excessive speeds, providing penalties, and making penalties applicable

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. Under current law, the department of transportation (DOT) is authorized to establish rules providing for the suspension of the driver’s license of an operator upon 30 days’ notice under certain circumstances. This bill requires the DOT to suspend the driver’s license of a person who is convicted of exceeding a speed limit with a detected speed of 100 miles per hour (MPH) or more without the 30 days’ notice. The DOT must promptly notify the person of a license suspension under the bill. Pursuant to current law, the DOT is prohibited from suspending the license for more than one year. When used in Code chapter 321 (motor vehicles and law of the road), “conviction” is defined to mean a final conviction, including but not limited to a plea of guilty or nolo contendere accepted by the court, a final administrative ruling or determination, or an unvacated forfeiture of bail or collateral deposited to secure a person’s appearance in court.277. A person convicted of reckless driving commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. The bill provides that operating a vehicle at a speed of 100 MPH or more is reckless driving.6A —— homicide or serious injury by vehicle).6A also applies if a person, other than a member of a public safety agency, exceeds the posted speed limit by 25 MPH or more and unintentionally causes death or serious injury, if the speeding violation is the proximate cause of the death or injury. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.36 (state parks and preserves) commits a simple misdemeanor punishable by a scheduled fine that varies depending on the excessive speed. The fine ranges from $30 for a speed in excess of the limit by not more than 5 MPH to $135 plus $5 for each MPH of excessive speed over 20 MPH over the limit. The bill creates a new scheduled fine for exceeding a speed limit with a detected speed of 100 MPH or more. The fine is $500 plus $5 for each MPH of excessive speed over 20 MPH over the limit. The peace officer who detected the speed in excess of 100 MPH is authorized to impound the motor vehicle after issuing a citation. A court is prohibited from accepting a plea to a charge for reduced excessive speed under 100 MPH that would be punishable pursuant to current law.295), which is $70 under current law, is subject to the new scheduled fine. The bill does not change the punishment for excessive speed by a school bus of more than 10 miles per hour in excess of the limit, or excessive speed in any amount in conjunction with drag racing, both of which are simple misdemeanors that are not scheduled violations. The bill also does not change the applicability of scheduled fines for speeding in road work zones, the maximum fine for which is $1,285 for speed greater than 25 MPH over the posted speed limit. Current law authorizes a defendant, in scheduled violation cases, to sign the admission of violation on the citation and complaint and deliver the citation and complaint, or a copy of such, with the minimum fine, plus court costs, to a scheduled violations office in the county before the time specified in the citation and complaint for appearance before the court. The bill instead requires a defendant to appear in person when the violation charged involved a person operating a motor vehicle in excess of 110 MPH, or in excess of 50 MPH over the speed limit. Pursuant to current law, a person who willfully fails to appear in court commits a simple misdemeanor, and the court is required to issue an arrest warrant for the offense of failure to appear.