Driving at 85 in a 55—Will Jail Follow?

This situation is all too familiar to many who regularly hit the road at quiet times. You’re driving down the highway with barely a car in sight. Your favorite song comes on, and your foot hits the gas pedal a little harder. Before you know it, the speedometer creeps up past 80, then to 85—and that’s when the red and blue lights appear in your rearview mirror.

In the past, this type of mistake may have just led to a speeding ticket and higher insurance rates. But beginning in October 2025, this type of speeding can lead to criminal charges in Maryland. If you’ve been charged for excessive speeding, do not take on your defense alone. Discuss your case with a speeding violations lawyer by calling Drew Cochran, Attorney At Law.

Why 85 in a 55 crosses the line

To understand why this type of speeding could result in jail time in Maryland, you have to know the state’s recently passed Sergeant Patrick Kepp Act. Prior to the passage of this law, speeding alone in Maryland—no matter how far above the limit you were traveling—would likely result in a ticket, not criminal charges.

But in mid-2025, Maryland passed the Sergeant Patrick Kepp Act. Under this law, driving 30 MPH or more over the limit is reckless driving, which is a misdemeanor. This isn’t something you can pay off online by entering your ticket number. This means going in front of a judge, pleading guilty or not guilty, and facing the possibility of a criminal record.

Possible penalties

If you are convicted of reckless driving in Maryland, you could face the following penalties:

• Up to 60 days in jail
• A fine as high as $1,000
• Six points on your license
• A criminal record that can affect your career, where you live, and your reputation

These are the maximum penalties, so for most people, 60 days in jail and a $1,000 fine aren’t likely outcomes. However, even if you don’t go to jail, the fallout of a misdemeanor conviction is serious. If you get too many points on your license, you could get it suspended. You should also expect your insurance rates to go up, and in some cases, you could even lose your insurance. You may consider it just speeding, but you could end up with a criminal record that shows up on background checks.

Factors that influence jail time

Not every driver caught at 85 MPH in a 55 MPH zone will end up in jail. The court has significant discretion when deciding how offenders are sentenced, and your speeding violations attorney will advocate for you to be treated fairly during sentencing. Some of the factors that may come into play include:

• How many previous offenses you have: If this is your first time getting arrested and you’ve clearly been scared straight by the entire situation, the judge is likely to view you a lot more favorably than they’d view someone who’s been arrested for the same offense multiple times before. If they think you haven’t learned your lesson—and having multiple speeding offenses may be solid evidence of that—they may come down on you harder.
• Driving behavior: This is where the details of your driving come into play. For example, going 85 in a 55 in bottleneck traffic is a completely different scenario than going 85 in a 55 when there are no other vehicles on the road. Yes, it’s illegal and dangerous in both cases, but the danger level is different. Additionally, the court will look at any issues that make your case If you were speeding that much in a construction zone, the court may view that as egregiously putting construction workers in harm’s way—and decide on a harsher sentence for you.
• Judges’ discretion: Every judge rules in a different way and considers different factors in their decisions. Where you’re located and what court handles your case can play a big role in the consequences you face.
• Your defense: The strength of your defense is a factor that can’t be ignored, which is why having a criminal defense lawyer is so important. If your attorney can present compelling mitigating circumstances and convince the court that you’ve learned your lesson from your arrest, you may have a more favorable outcome.

Why “everyone speeds” isn’t a defense

One of the most common excuses that drivers give a judge is that “everyone speeds” and they were “going with the flow of traffic.” The harsh truth is that the law doesn’t care what everyone else is doing—you were the one who got caught, and the moment you hit 30 MPH over the speed limit, you are in criminal offense territory. Prosecutors don’t need to prove that you were intentionally driving dangerously, drag racing, or driving aggressively. The speed alone will be enough to convict you.

Furthermore, using this defense in front of a judge doesn’t do a lot to show that you’ve learned the error of your ways and won’t make the same mistakes in the future. Taking accountability in a way that does not expose you to unnecessary legal risk may help the judge look more kindly on you and recognize your arrest for what it is: a one-time error that you do not want to repeat.

Defend yourself against speeding charges with Drew Cochran, Attorney At Law

If you’ve been arrested after getting a little too comfortable speeding on the highway, you don’t have to go through this process alone. With our team, you can fight to protect your future. Get in touch with us online or call us to get the defense you deserve.