Speeding

The Reasonable and Prudent driving speed standards are set out in Code of Alabama (1975) § 32-5A-170. These standards require all drivers to maintain a reasonable and prudent speed when driving on the road. The speed in this statute is determined on a case-by-case basis. Call our Birmingham Speeding Ticket Defense Attorney today at (205) 823-7233.

What is Reasonable and Prudent Speed?

Reasonable and Prudent speed standards are determined at the time of the speeding on a case-by-case basis. It essentially means that the driver must be driving safely for conditions. Various conditions are listed in the statute and include:

• Weather conditions (rain, fog, etc.)
• Conditions of the road itself
• Curviness of the road
• Intersections
• Railroad crossings
• Presence of other vehicles or pedestrians
• Visibility over hills and around curves

A driver must drive no faster than a reasonable and prudent person would safely drive given the above listed conditions. This is different from Code of Alabama (1975) § 32-5A-171 which mandates the maximum speed limit on county and state roads when not specifically posted.

Speed enforcement on the interstate highway system  is restricted to municipalities of 19,000 population or greater. Code of Alabama, 1975, section 32-5A-171(8): “8) A law enforcement officer or a peace officer of any incorporated municipality or town which has less than 19,000 inhabitants according to the most recent federal decennial census shall not enforce this section on any interstate highway.”

There is no restriction of speed enforcement (other than the interstate system) inside the corporate limits of the municipality. See, Code section 32-5A-171(9): “(9) Any speed limit set pursuant to this section shall be enforced by any municipality or any law enforcement officer of a municipality only within the corporate limits of the municipality and not within the police jurisdiction of the municipality.” However, a speeding citation written outside the corporate limits is questionable.

If you have been ticketed in violation of this statute, our experienced and qualified firm can help you. Contact The Stoves Law Firm today for your free consultation or call us today at (205) 823-7233. Call our Birmingham Speeding Ticket Defense Attorney today at (205) 823-7233.