Is going over 100 mph a felony in California?
Going over 100mph can be a serious and dangerous offense, not just because of the risk it poses to the driver themselves, but also to the lives of others on the road. In California, exceeding the speed limit, even by a small amount, can result in consequences that range from fines and penalties to criminal charges, including felonies. This article will explore the situation and provide a direct answer to the question: Is going over 100mph a felony in California?
California Exceeding Speed Limit Ordinance
In California, the speed limit varies across different roads and highways, ranging from 25 mph in urban areas to up to 85 mph in certain rural areas. Pursuant to California Vehicle Code (CVC)§23152, a driver is guilty of misdemeanor reckless driving if they drive at such a speed or in a manner as to indicate willful or wanton disregard for the safety of human life or property._
Table: California Speed Limits
| Road Type | Standard Speed Limit |
| 25 mph | Urban Residential |
| 35-55 mph | Urban or rural roads |
| Up to 85 mph | Rural highways only |
Felony for Reckless Driving Due to Excessive Speed (Penal Code 236)
However, speed is not the only determinant of reckless driving. Additional factors, such as damage caused, injuries, fatalities, or the driver’s criminal history, can further enhance the offense to make it a f elony.
Pursuant to Californias Penal Code (Cal. Pen. Code)section 236, a perpetrator of reckless driving can _face up to four years in state prison, a fine of$1000 to $20,000, and five years of probation****, if the reckless behavior is deemed to have demonstrated "a reckless and wanton disregard for life, and the means whereby [the] offense caused injury or death"_
To illustrate this, it’s essential to understand:
Reckless Conduct Causing Injury or Fatalities (Penal Code 192)
Felony reckless driving charges related to excessive speed may only be applied for accidents resulting in either injury or death. Here are the specific scenarios wherein an individual can be tried under this section:
Reckless Conduct Causing Injury or Fatalities Statutory Provisions:
Cause: Injuries or Serious Injuries: When your actions, including reckless speed, result in the destruction or damage of property;
or, Cause: Grievous Bodily Harm: When your actions trigger serious physical contact with another person(serious bodily injury or bodily injury resulting in significant disagreement); or
or, Cause: Death: Results from your reckless behavior.
Is speeding 100mph a crime in California?
In summary, and directly answering your question, NO, going over 100mph is not automatically a felony under California law_, although it can still yield criminal charges and penalties_, _depending on circumstances**, e.g., the driver; injuries or fatalities caused. As previously mentioned, going above the speed limit becomes reckless driving, and enhancement is only possible if damages are caused, injuries have been sustained, or persons are killed.
A Speeding Ticket is no Light Matter
Remember,
Going over 100 miles per hour in California should be taken seriously, bearing in mind the potential consequence for reckless driving, should circumstances dictate. In certain circumstances, speeding can transform from a simple infraction to a criminal offense,
including a felony, emphasizing the importance of being responsibly conscious of your speed_ and driving choices.
