§291C-105  Excessive speeding.  (a)  No
person shall drive a motor vehicle at a speed exceeding:



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



(2)  Eighty miles per hour or more irrespective of the
applicable 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 county
ordinance;



(2)  The maximum speed limit established by official
signs placed by the director of transportation on highways under the director's
jurisdiction; or



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



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



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



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



(B)  Thirty-day prompt suspension of license
and privilege to operate a vehicle during the suspension period, or the court
may impose, in lieu of the thirty-day prompt suspension of license, a minimum
fifteen-day prompt suspension of license with absolute prohibition from
operating a vehicle and, for the remainder of the thirty-day period, a
restriction on the license that allows the person to drive for limited work-related
purposes;



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



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



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



(F)  An assessment for driver education
pursuant 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 not
more than five days of imprisonment;



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



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



(B)  Prompt suspension of license and privilege
to operate a vehicle for a period of thirty days with an absolute prohibition
from operating a vehicle during the suspension period;



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



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



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



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



(G)  Either one of the following:



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



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



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



(A)  A fine of $1,000;



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



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



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



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



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



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