Failure to Control Speed Law & Legal Definition


Failure to control speed is a traffic violation. A person should not drive a vehicle at a speed greater than is reasonable and prudent. The driver should control the speed of the vehicle as necessary to avoid colliding with another person or vehicle.

In Texas, an officer may lawfully stop and detain a person for a traffic violation, including speeding and failure to control speed.[Sanchez v. State, 2008 Tex. App. LEXIS 9881 (Tex. App. 2008)]

The following is an example of a State Statute ( Texas) on Speed Requirements:

Tex. Transp. Code § 545.351. Maximum Speed Requirement

(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

(b) An operator:

(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and

(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:

(1) the operator is approaching and crossing an intersection or railroad grade crossing;

(2) the operator is approaching and going around a curve;

(3) the operator is approaching a hill crest;

(4) the operator is traveling on a narrow or winding roadway; and

(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.