As long as I can remember driving, or having my parents or other people drive me around have always said that it is cool to ride that speedometer 5 mph over the speed limit and you'll be okay. Some people say the same thing with the exception of school zone, stay at the appropriate speed in a school zone.


Other people just simply say to keep a prudent speed and keep up with the flow of traffic, which makes sense.

But, will a police officer disregard their radar gun when they read someone exceeding the speed limit in a particular area? Obviously that's up to the discretion of the officer.

Will someone have a valid argument when pulled over with the "5 mph" thing?


According to Montana statutes that might not be a valid argument out of a moving violation.

There are rules upon driving a prudent speed with traffic that might constitute driving above the speed limit, but that pertains to highway passing on certain types of roads and certain conditions during in-town travel that keeps up with the flow and safety of traffic.

According to, fines in Montana can step up in price as the clocked speed violations go up .

  •  $20 fine for driving 1-10 Miles per hour over the speed limit.
  • $70 in fines for driving 11-20 miles per hour over the speed limit.
  • $120 fine for driving 21-30 miles per hour over the speed limit.
  •  $200 fine if caught driving more than 30 miles per hour over the speed limit.

Many believe in the 5 mile an hour above rule, but maybe think about checking your speed if you're in a rush somewhere, it might end up in a ticket.

Happy motoring.


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