Excessive Speed (30+ Over) — TA Section 21‑801.1
Speeding 30 or more miles per hour above the posted limit is treated seriously in Maryland and can lead to a stacked citation set (speeding plus reckless or negligent driving) along with meaningful points and insurance consequences. The good news: speed cases are often defensible, and even when liability is not contested, a smart mitigation plan can avoid the worst outcomes.
The statute and proof
TA Section 21‑801.1 prohibits driving a vehicle on a highway at a speed exceeding the posted limit. For 30+ over, officers typically use:
- LIDAR or RADAR measurement with device and operator certifications
- Pace/clock methods (following speed by a calibrated patrol car)
- VASCAR or time‑distance calculations in some jurisdictions
We examine whether the device and operator records are available, whether the testing and usage met policy, and whether terrain, curvature, or traffic compromised the measurement.
Points and penalties
Excessive speed is a moving violation that can carry points, and 30+ over is also a common basis for a companion reckless charge. Our goal is to keep points off your record through dismissal, reduction to a lower tier of speed, or PBJ where appropriate.
Defense themes
- Device operation and records
- We verify the presence of current certifications, calibration logs, and proper usage. Missing or outdated records can warrant dismissal.
- Interference and terrain
- Curves, grades, multiple targets, and reflective surfaces can produce false readings. Cross‑exam and visuals help demonstrate doubt.
- Pacing accuracy
- With pace/clock methods, following distance, speedometer calibration, and time observed matter. Short intervals create reasonable doubt.
- Identification of the target vehicle
- In traffic, misidentification is a real risk. We highlight line‑of‑sight issues and target acquisition.
Mitigation when a trial isn’t optimal
When we recommend a mitigation‑first path, we focus on driver improvement, speed‑related education, clean record documentation, and need‑based proof (employment, family logistics). That plan often secures a reduction to a lower speed tier, avoidance of a reckless add‑on, or a PBJ to keep points off your record.
Practical steps
- Do not pay online—paying accepts points. Set a trial date.
- Note roadway features (curves, hills, merges) and traffic density at the time.
- If the officer used LIDAR or RADAR, write down the device type from the ticket if listed.
- Bring your driving history and proof of need as part of a mitigation back‑up.
For a comprehensive approach to avoiding points on Maryland tickets, see our Maryland Traffic Lawyers page.