No, legally, you cannot go 5 mph over the speed limit in Louisiana. Louisiana's traffic codes do not incorporate any "buffer" or "tolerance" for exceeding the posted speed limit.
Understanding Louisiana Speeding Laws
In Louisiana, the law is clear: any speed above the posted limit is considered an offense. This means that even if you are just one mile per hour over the limit, you are technically speeding and could be subject to a citation. There is no unwritten rule or grace period that allows drivers to exceed the speed limit by a few miles per hour, regardless of common driving practices or the flow of traffic.
The "No Tolerance" Policy
Unlike some other jurisdictions that might have informal thresholds before an officer issues a ticket, Louisiana explicitly operates on a "no tolerance" principle when it comes to speed. This means:
- Zero Buffer: There is no built-in leeway. If the limit is 55 mph, driving 56 mph is legally considered speeding.
- Intent Doesn't Matter: Arguments like "I was just trying to keep up with traffic" or "it was only a little bit over" are not valid defenses against a speeding charge.
- An Offense is an Offense: Exceeding the posted speed, even by a small margin like 5 mph, is classified as a traffic offense.
Consequences of Speeding
Being cited for speeding in Louisiana, even for a minor infraction, can lead to various consequences:
- Fines: The amount of the fine can vary depending on how much you were over the limit and the specific parish where the offense occurred.
- Court Costs: You may also be responsible for additional court fees.
- Points on Your Driving Record: Speeding tickets often result in points being added to your driver's license. Accumulating too many points can lead to increased insurance premiums or even license suspension.
- Increased Insurance Rates: Insurers view speeding violations as an indicator of higher risk, which can cause your auto insurance premiums to rise significantly.
Best Practice for Drivers
To avoid potential legal issues and ensure safety on Louisiana roads, the most prudent approach is always to adhere strictly to the posted speed limits. Even if other vehicles are driving faster, it is advisable to maintain the legal speed to prevent receiving a speeding ticket.
For more detailed information on Louisiana traffic laws, you can refer to the official Louisiana Revised Statutes, particularly those pertaining to traffic regulation, such as Title 32.
