61-8-725. Penalty for violation of speed limits -- no record for certain violations. (1) A person violating the speed limit imposed pursuant to 61-8-303 shall be fined in accordance with the following schedule:
     Amount of Fine MPH in Excess
      of Speed Limit
     $ 20 1 - 10 (daytime)
      20 1 - 10 (nighttime)
      40 11 - 20
      70 21 - 30
      100 31+
     (2) A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the meaning of 3-1-317, 45-2-101, 46-18-236, 61-8-104, and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is exceeded by no more than:
     (a) 10 miles an hour during the daytime; or
     (b) 5 miles an hour during the nighttime.
     (3) The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303.

     History: En. Sec. 3, Ch. 43, L. 1999; amd. Sec. 1, Ch. 4, Sp. L. June 1999.