§291C-105  Excessive speeding.  (a)  Noperson shall drive a motor vehicle at a speed exceeding:

(1)  The applicable state or county speed limit bythirty miles per hour or more; or

(2)  Eighty miles per hour or more irrespective of theapplicable state or county speed limit.

(b)  For the purposes of this section,"the applicable state or county speed limit" means:

(1)  The maximum speed limit established by countyordinance;

(2)  The maximum speed limit established by officialsigns placed by the director of transportation on highways under the director'sjurisdiction; or

(3)  The maximum speed limit established pursuant tosection 291C-104 by the director of transportation or the counties for schoolzones and construction areas in their respective jurisdictions.

(c)  Any person who violates this section shallbe guilty of a petty misdemeanor and shall be sentenced as follows without thepossibility of probation or suspension of sentence:

(1)  For a first offense not preceded by a priorconviction for an offense under this section in the preceding five years:

(A)  A fine of not less than $500 and not morethan $1,000;

(B)  Thirty-day prompt suspension of licenseand privilege to operate a vehicle during the suspension period, or the courtmay impose, in lieu of the thirty-day prompt suspension of license, a minimumfifteen-day prompt suspension of license with absolute prohibition fromoperating a vehicle and, for the remainder of the thirty-day period, arestriction on the license that allows the person to drive for limited work-relatedpurposes;

(C)  Attendance in a course of instruction indriver retraining;

(D)  A surcharge of $25 to be deposited intothe neurotrauma special fund;

(E)  May be charged a surcharge of up to $100to be deposited into the trauma system special fund if the court so orders;

(F)  An assessment for driver educationpursuant to section 286G-3; and

(G)  Either one of the following:

(i)  Thirty-six hours of community service work;or

(ii)  Not less than forty-eight hours and notmore than five days of imprisonment;

(2)  For an offense that occurs within five years of aprior conviction for an offense under this section, by:

(A)  A fine of not less than $750 and not morethan $1,000;

(B)  Prompt suspension of license and privilegeto operate a vehicle for a period of thirty days with an absolute prohibitionfrom operating a vehicle during the suspension period;

(C)  Attendance in a course of instruction indriver retraining;

(D)  A surcharge of $25 to be deposited into theneurotrauma special fund;

(E)  May be charged a surcharge of up to $100to be deposited into the trauma system special fund if the court so orders;

(F)  An assessment for driver educationpursuant to section 286G-3; and

(G)  Either one of the following:

(i)  Not less than one hundred twenty hours ofcommunity service work; or

(ii)  Not less than five days but not more thanfourteen days of imprisonment of which at least forty-eight hours shall beserved consecutively; and

(3)  For an offense that occurs within five years oftwo prior convictions for offenses under this section, by:

(A)  A fine of $1,000;

(B)  Revocation of license and privilege tooperate a vehicle for a period of not less than ninety days but not more thanone year;

(C)  Attendance in a course of instruction indriver retraining;

(D)  No fewer than ten days but no more thanthirty days of imprisonment of which at least forty-eight hours shall be servedconsecutively;

(E)  A surcharge of $25 to be deposited intothe neurotrauma special fund;

(F)  May be charged a surcharge of up to $100to be deposited into the trauma system special fund if the court so orders; and

(G)  An assessment for driver educationpursuant to section 286G-3. [L 2006, c 129, §1; am L 2008, c 231, §16]