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How fast do you have to be speeding to be arrested instead of getting a ticket?

In other words, if you are pulled over for speeding, how fast can you go and still get a ticket? Is there a set line as in if a person is going over X mph, they have to legally be arrested?

In my state, they have the right to confiscate your license on the spot for 20 over the limit. I have never heard of it actually happening though.

As for "going over X mph, they have to legally be arrested," if you are going too fast, the officer may choose to arrest you for reckless endangerment or a similar offense, but I doubt that is mandatory in most states. There are not a lot of laws requiring mandatory immediate arrest with no discretion for the officer. Some places have this type of law for domestic violence complaints, but that is because of the long history of sweeping such incidents under the rug.

15 Responses to “How fast do you have to be speeding to be arrested instead of getting a ticket?”

  1. kosmo Says:

    double the speed limit
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  2. Rich Says:

    No, don’t do that ever, you will get jailed time and heavier fine, Just stupid to run over from cops if they aleady see you.
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  3. Heatherr Says:

    no there isnt an x ammount i dont think. just the faster your going the higher ur fine.
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  4. Pfo Says:

    I think if you are 30 mph over the speed limit you must be arrested.
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  5. brian o Says:

    when i was pulled over going 92 in a 55 the cop said i could be taken to jail for reckless endangerment. So like 30 i would guess.
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  6. Deborah M Says:

    Twenty miles over the speed limit is a federal offense. But you could be going slower and get arrested if you have a bad attitude.
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  7. Problem Child Says:

    you can be arrested for any ticket.
    A summons is always issued in lieu of arrest.
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  8. NYPD.Hwy. Retired Says:

    You may be arrested for going a mile over the speed limit. A summons is in lieu of arrest, this is at the officer’s discretion, which in most cases you are given a summons.

    In all my years I never arrested anyone for any speed over the limit. I wrote a woman for 125 in a 50 on the West Shore Expressway in Staten Island, and I just gave her a summons. That’s 75 over.

    The one who states federal offense doesn’t know what they are talking about – there is no such CFR or VTL law that they mention.
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    Retired NYPD Highway Patrol

  9. MO & LO Says:

    anything over 20 mph over the speed limit is not only speeding it is considered careless driving so you can go to jail (FL). Check with your individual state.
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    EX- LEO

  10. Cindy Says:

    I’ve never heard of any one getting arrested for speeding.

    I have however heard that in Calif. if your going over a 100 miles an hour they can pull you over, ticked you and take your car away from you. Since that is reckless endangerment. That is what I have heard, since I don’t speed and take chances I wouldn’t know.
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    Self, Retired Federal Bureau of Prisons, Correctional Officer.

  11. miss.danielle9 Says:

    If you are going double the speed limit they are obligated to take your license away… and yes, you get arrested.
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  12. Lionheadz Says:

    In my state double the posted speed limit or 100Mph on any public way is an automatic loss of license, vehicle gets towed

    and yes arrested on the spot.
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  13. reallypablo Says:

    In my state, they have the right to confiscate your license on the spot for 20 over the limit. I have never heard of it actually happening though.

    As for "going over X mph, they have to legally be arrested," if you are going too fast, the officer may choose to arrest you for reckless endangerment or a similar offense, but I doubt that is mandatory in most states. There are not a lot of laws requiring mandatory immediate arrest with no discretion for the officer. Some places have this type of law for domestic violence complaints, but that is because of the long history of sweeping such incidents under the rug.
    References :

  14. Darth Bane Says:

    I never stop, never been caught
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  15. James B Says:

    30 mph over the posted speed limit in Wash, DC is a summary arrest. On speed alone, everything else is a civil fine. Regardless of speed, a demonstrated driving behavior showing disregard of the safety or property of others can get you a Reckless Driving arrest even under the speed limit….
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