Michigan Criminal Lawyer, Josh Jones

Michigan Basic Speed Law Explained

Michigan Basic Speed Law Outlined & Explained

Here in the State of Michigan, as in all other states, there are specific speeds that individuals must operate their motor vehicle depending upon the posted speed limits signs. There is also a basic speed law, which becomes effective when the ability to travel or operate a motor vehicle at the posted speed is limited and requires more due care and caution. MCL 257.627 and 257.628 are the controlling statutes for Michigan’s basic speed law.

Because of the way the Statute is written and enforced, the basic speed law does not always apply, and rather it requires some decrease in speed as compared to the posted speed limit within the area in question. An easier way to explain this is to look at the definition within the statue. First, it is necessary to understand that a person shall not operate a vehicle upon a highway at a speed greater than that which will permit a stop within the assured, clear distance ahead. Instead, an individual is required to operate his or her vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition existing at the time.

As you read thru the definition of following the basic speed law, you will see where the key language lies, which is the circumstances surrounding the highway you are traveling on. Therefore, you will essentially always follow the speed limit signs; however, the basic speed law can and will become effective depending upon the conditions and circumstances of the roadway or highway that is being traveled. It is always prudent to travel at safe speeds, which is the idea behind the basic speed law and why it is in effect. Whenever you receive a civil infraction for speeding or any other traffic violation you should always seek the assistance and counsel of an attorney. Even basic speed law violations can impact your insurance, driving record, and ability to drive.

In the end, you never want to rely on this website or any other website when you are attempting to represent, defend or articulate legalese on behalf of yourself within any court here in the State of Michigan.