Is 15 Over the Speed Limit a Felony? A Legal Analysis
In recent years, there has been growing concern about the criminalization of minor traffic violations. One question that arises frequently is whether exceeding the speed limit by 15 mph is a felony offense. In this article, we will delve into the complexities of traffic law to provide a clear answer.
Contents
**Felony vs. Misdemeanor Offenses in Traffic Law**
Before we discuss specific speed limit violations, it is essential to understand the distinction between felony and misdemeanor offenses in traffic law.
- Felony: A felony is typically characterized by more severe punishments, including imprisonment for over a year, fines exceeding $1,000, and/or both. Common felony traffic offenses include drunken driving, reckless endangerment, and vehicular manslaughter.
- Misdemeanor: A misdemeanor is a less severe criminal offense, usually punishable by up to one year’s imprisonment, fines of less than $1,000, or both.
It’s crucial to note that even if a traffic offense is considered a misdemeanor, the consequences can still have long-lasting impacts on individuals’ lives, such as the loss of driving privileges, increased insurance rates, and even employment and reputation consequences.
**Speed Limit Violations in the United States**
Federal, state, and local jurisdictions set speed limits in various parts of the United States. Speed limits usually fall into three categories:
- Maximum speed limits (in km/h):
* Expressway/highway: **95-130**
* City/urban area: **40-80**
* School zones: **30-40**
Table: Sample Speed Limits in Major U.S. Cities (in mph)
| City | Expressway Highway (mph) | Urban/City (mph) |
|---|---|---|
| Los Angeles | 70 | 35 |
| Chicago | 65 | 35 |
| New York | 65 | 35 |
| Miami | 70 | 25 |
| San Francisco | 65 | 20 |
**What Happens if I Drive 15 Over the Speed Limit?**
If an individual exceeds the speed limit by 15 mph in any of the categories above, they will likely commit a misdemeanor offense. Let’s explore the possible scenarios and penalties:
- In a city or urban area, exceeding the 20-40 mph limits by 15 mph puts an individual at risk of incurring a fine (minimum $50-$250, maximum $500).
- On an expressway or highway exceeding the 65-70 mph limits by 15 mph could result in misdemeanor citations (fine $75-$250) with some jurisdictions considering it reckless or negligent driving.
- If the violation occurs near a school zone where the speed limit is enforced, a 15-mph excess might escalate the offense to petit theft or larceny (fine of up to $1,000).
**Is 15 Over the Speed Limit a Felony in Any State?**
Generally, no. Exceeding the speed limit by 15 mph is almost never considered a felony. According to various state jurisdictions:
- Alabama, California, Colorado, Massachusetts, Michigan, and several other states: No
- New York and Minnesota: 15+ over may be considered a minor or petty offense (Fine or misdemeanor)
**Exceptions and Outlying Cases**
There may be certain circumstances where exceeding the speed limit by 15 mph could be considered a felony in extremely rare cases:
- Reckless endangerment with a deadly weapon or instrument (e.g., using a vehicle to avoid accident)
- Gross misconduct related to traffic safety regulations or traffic laws
- Extensive history of disregard for traffic laws
For the most part, in such cases, the law regards more drastic violative of rules as criminal conduct under 18 U.S. C § 355, whereas less serious breaches that the traffic regulations of some law enforcement jurisdictions can bring serious penalties.
