How Much over the Speed limit is a Felony in Texas?

In Texas, if speeding endangers public safety, such as during a high-speed chase or a severe crash, it may lead to felony charges. For instance, driving 20–30 MPH over the limit is an extreme speed violation.

Speeding is a traffic offense that may lead to fines, license points, and even suspension. Under Section 545.401 of the Texas Transportation Code, reckless driving may result in jail time. Texas Penal Code Section 49.08 describes causing a death while driving intoxicated as intoxication manslaughter.

In Texas, the Municipal Court has original jurisdiction over cases related to speeding tickets and other traffic offenses committed within the city limits. During these court hearings, Texas traffic court records are created.

Is Speeding a Felony in Texas?

In Texas, speeding alone is typically not a felony. Depending on how much over the limit the speed is, it is usually deemed an infraction or misdemeanor. However, certain aggravating factors may elevate a speeding offense to a felony. These factors include endangerment, injury or death, evading law enforcement, and previous convictions.

Moreover, a speeding ticket is typically not a crime in Texas. For example, drivers are handed a typical speeding ticket when they exceed the posted speed limit. They are often fined at most, depending on how much over the limit they were moving. Under Texas Transportation Code § 521.292, a driver's license may be suspended if the driver is a violator. This implies they have four or more moving violations in 12 months, or seven or more in 24 months. There is no jail term involved.

Can a Speeding Ticket Become a Felony in Texas?

In Texas, speeding is usually an infraction or misdemeanor. Speeding becomes felonious in severe cases like high-speed chases, vehicular homicide, DUI, or repeat offenses. If prosecutors prove a driver was criminally negligent, such as having a blood alcohol level (BAC) over 0.08 or a prior DUI conviction, they may face felony charges.

Types of Speeding Tickets in Texas: Infraction, Misdemeanor, or Felony

In Texas, speeding tickets are categorized based on how far over the limit the driver was moving, the impact caused, and where it happened. Extreme speeding, such as hot pursuit or evading law enforcement, attracts higher fines. Also, violations in school zones carry even harsher penalties.

In Texas, speeding offenses are categorized as misdemeanors or felonies. By law, there are legal implications and penalties attached to each category.

Class C Misdemeanor: Most speeding violations in Texas are classified as Class C misdemeanors. They are not criminal unless tied to aggravating factors. The only penalty is a fine, usually between $150 and $300, depending on how many miles per hour over the limit the driver was moving. There is no jail time involved. An example of this is driving 10 mph over the posted limit in normal traffic conditions.

Class B and Class A Misdemeanors are more serious moving violations with harsher penalties. Speeding may become a Class B or A misdemeanor if it is tied to reckless driving, such as driving at 20 to 30 MPH above the speed limit or participating in street racing. A Class B misdemeanor could attract up to 180 days in jail and a fine of up to $2,000, while a Class A misdemeanor attracts up to 1 year in prison and a fine of up to $4,000.

Felonies: Speeding alone rarely results in a felony in Texas. However, an individual may be charged with a felony if speeding leads to serious bodily injury or death. Under Texas Penal Code § 19.04, this is known as vehicular manslaughter. It attracts between two and twenty years in prison and fines up to $10,000.

Penalties for Felony Speeding Tickets in Texas

Felony speeding offenses are among the most serious traffic violations. They carry a minimum penalty of 180 days in state jail. For example, a Third-Degree Felony may result in two to ten years in prison and a fine of up to $10,000. In addition to a lengthy jail sentence, the offender may also be required to face probation with stringent conditions. The punishment may also include some form of community service.

Moreover, the consequences of speeding violations go beyond the base fine. Speeding tickets may result in higher insurance premiums. In addition, the motorist's license may be suspended, and they will get a permanent criminal record. This would trail them throughout their lives, impacting their job prospects, travel opportunities, and accommodation.

How Long Does a Speeding Ticket Stay on Your Record in Texas?

In Texas, speeding offenses remain on record for three years from the date of the conviction. A motorist getting consistent speeding tickets may affect their driving record. Interested individuals may find traffic offenses listed in Texas traffic court records, particularly when they result in convictions.

Speeding offenses have direct and indirect consequences for the individual. For instance, according to Texas Transportation Code § 521.292, if a motorist accumulates too many points quickly, their license could be suspended. Speeding tickets often come with fines and higher insurance premiums. However, individuals may qualify to have the offense expunged from their driving records.

Can a Speeding Ticket Be Expunged from Your Record in Texas?

In Texas, expungement refers to the legal procedure in which a conviction is cleared from an individual's criminal record. On the other hand, sealing effectively limits the release or disclosure of the record to authorized individuals or individuals with a court order. Texas treats traffic violations as criminal offenses. Therefore, traffic violations, including speeding tickets, may be expunged or sealed.

Article 55.01 of the Texas Code of Criminal Procedure guides the expunction of criminal records. According to the article, speeding tickets may be expunged after the mandatory waiting period. For most felonies, the required waiting period is three years. For Class A and B misdemeanors, the wait is one year, and for Class C misdemeanor traffic violations, records may be expunged after 180 days have elapsed.

For certain traffic offenses in Texas, motorists may get a ticket dismissal through either traffic school or deferred disposition/adjudication. Article 45.0511 of the Texas Code of Criminal Procedure makes provision for ticket dismissal through a driving safety course. It is available for Class C moving violations.

To be eligible for this provision:

• The motorist was at a speed less than 25 MPH over the limit
• The violation was not in a construction zone, school bus area, or for serious offenses
• The requester has not taken a defensive driving course in the past 12 months
• The requester is not a commercial driver

The state also allows traffic ticket dismissal through deferred disposition and adjudication. Under these provisions, requesters may plead guilty or no contest while agreeing to certain conditions. Deferred disposition applies to Class C misdemeanors, which are mostly minor traffic tickets. Deferred adjudication is similar but for more serious Class B misdemeanors.

Typically, the requester pays a fine upfront and avoids new violations. During the probation period of 60 to 180 days, they may also complete a defensive driving course. The ticket is dismissed if all conditions are met, and no conviction appears on the individual's record. However, as defined in Texas Government Code Section 411.076, the records remain accessible to authorized individuals but unavailable to the public.