What is Felony Speeding in California?
Speeding is a common traffic violation that can have severe consequences, including fines, points on your driver’s license, and even suspension or revocation of your license. However, in California, speeding can become a felony offense in certain circumstances. In this article, we will delve into the world of felony speeding in California and answer the question: what is felony speeding in California?
What is Speeding in California?
In California, speeding is defined as driving faster than the posted speed limit or driving at a speed that is greater than 100 miles per hour. California Vehicle Code Section 22350 states that "no person shall drive a vehicle upon a highway at a speed greater than 55 miles per hour upon any portion of a highway where the speed limit has not been established." This section also provides that a driver can be issued a ticket for speeding if they exceed the posted speed limit, regardless of the location or type of road.
What is Felony Speeding in California?
Felony speeding in California is a criminal offense that is typically committed in conjunction with other criminal offenses, such as Reckless Driving, Drunk Driving, or Vehicular Manslaughter. Felony speeding is defined as a serious violation of California traffic laws that can result in significant harm to people or property.
Factors That Contribute to Felony Speeding in California
The following factors can contribute to a speeding charge being elevated to a felony offense:
- The Speed at Which the Driver is Traveling: Speeds above 90 miles per hour can lead to a felony speeding charge.
- The Road Conditions: Speeding on a road with hazardous conditions, such as wet roads, fog, or roadwork, can contribute to a felony speeding charge.
- The Time of Day: Speeding at times when there is increased pedestrian or child traffic, such as school zones or rush hour, can contribute to a felony speeding charge.
- Prior Speeding Convictions: A driver with prior speeding convictions may be more likely to be charged with felony speeding.
Examples of Felony Speeding in California
The following examples illustrate the types of circumstances that can lead to a felony speeding charge in California:
- A driver traveling at 125 miles per hour on the highway and causing an accident that results in serious injuries to multiple people.
- A driver traveling at 95 miles per hour in a school zone and striking a pedestrian, causing fatal injuries.
- A driver traveling at 100 miles per hour in a construction zone and causing an accident that results in multiple injuries.
Penalties for Felony Speeding in California
Felony speeding in California carries severe penalties, including:
- Fines: Fines can range from $10,000 to $20,000 or more, depending on the circumstances of the case.
- Jail Time: A felony speeding conviction can result in a minimum sentence of one year in prison.
- Driver’s License Suspension: A driver’s license can be suspended or revoked for a minimum of one year.
- Restitution: Victims of the speeding accident may be entitled to restitution, including compensation for medical expenses, lost wages, and property damage.
Conclusion
Felony speeding in California is a serious offense that can result in severe consequences. Drivers who speed and cause harm to people or property can face significant penalties, including fines, jail time, and loss of their driver’s license. If you have been charged with felony speeding in California, it is essential to seek the advice of a qualified criminal defense attorney to ensure that your rights are protected and your case is defended vigorously.
Additional Resources
- California Vehicle Code Section 22350: Speed Limit
- California Vehicle Code Section 22351: Excessive Speed
- California Jury Instructions: Felony Speeding (CALCRIM No. 2423)
- California Rules of Court: Felony Speeding (Rule 4.402)
Table: Penalties for Felony Speeding in California
| Penalty | Minimum to Maximum |
|---|---|
| Fines | $10,000 – $20,000 or more |
| Jail Time | 1 year to multiple years |
| Driver’s License Suspension | 1 year to life |
| Restitution | Unspecified |
Bullets List: Factors That Contribute to Felony Speeding in California
• Speeds above 90 miles per hour
• Road conditions, such as wet roads, fog, or roadwork
• Time of day, such as school zones or rush hour
• Prior speeding convictions
• Driver’s license suspension or revocation
• Injuries or fatalities to people or property
• Criminal charges, such as reckless driving or drunk driving
