CHARLOTTE, N.C. — When it comes to speeding, there’s an old saying attributed to traffic-enforcement officers: “Nine over, you’re fine. Ten over, you’re mine.”
This reflects a feeling among many drivers that there’s some leeway if you’re slightly over the speed limit. But there’s an online claim saying you could get pulled over if you’re going just 1 mph over the posted speed limit.
THE QUESTION
Can you get a ticket for going 1 mph the speed limit in North Carolina?
THE ANSWER
Yes, you can get a ticket for just going 1 mph over the speed limit. That's because North Carolina has what's known as an absolute speed limit. This means any time you're going over the posted speed limit, you can be ticketed.
THE SOURCES
WHAT WE FOUND
"North Carolina general statute does state that it has an absolute speed law," Aycock said.
The Uniform Vehicle Code states that there are maximum speed limits and "no person shall drive a vehicle at a speed in excess of such maximum limits."
The law also spells out default speed limits for various areas. For example, within a municipality, city or town, unless otherwise posted, the maximum speed limit is 35 mph. This notice is often posed on city limit signs if there's no speed limit signage on the road or highway.
So what happens if a driver exceeds the maximum limit?
"If it's 45 mph, if you're caught going 46 mph, technically, you are violating that law," Aycock explained.
But what if you’re just following the flow of traffic? Aycock said it doesn’t matter. In fact, under some extreme weather conditions, you could get a ticket for driving at or below the speed limit.
“In addition to the absolute speed law, there's a 'safe conditions terms' within that speed law, where if you're going too fast for the conditions — you could be going the speed limit, but if it's icy conditions or too much traffic congestion — there could also be a violation within that statute that you're going too fast even if it's the speed limit," Aycock said.
The main takeaway? Aycock said just follow the posted speed limit. It’s there for your own safety.
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