What is Criminal Speed in Texas?
In the state of Texas, criminal speed refers to the act of driving a vehicle at a speed that is considered unsafe or reckless, posing a significant risk to the driver, passengers, or other road users. In Texas, criminal speed is governed by Chapter 545 of the Texas Transportation Code, which defines the various speeding offenses and their corresponding penalties.
What are the Different Types of Speeding Offenses in Texas?
In Texas, there are three main types of speeding offenses:
- Reckless Driving (Section 545.401 of the Texas Transportation Code): This offense is committed when a person drives a vehicle in a manner that endangers the life, limb, or property of another person. Reckless driving is considered a more serious offense than speeding and can result in harsher penalties, including fines, imprisonment, and a suspended or revoked driver’s license.
- Speeding (Section 542.401 of the Texas Transportation Code): This offense is committed when a person drives a vehicle at a speed that is greater than the posted speed limit. The posted speed limit is the maximum speed limit established by the state or local authorities for a particular stretch of road.
- Excessive Speed (Section 542.401 of the Texas Transportation Code): This offense is committed when a person drives a vehicle at a speed that is significantly higher than the posted speed limit. Excessive speed is considered a more serious offense than speeding and can result in harsher penalties, including fines, imprisonment, and a suspended or revoked driver’s license.
What are the Penalties for Speeding in Texas?
The penalties for speeding in Texas vary depending on the severity of the offense and the driver’s prior record. Here are some of the common penalties for speeding in Texas:
- Class C Misdemeanor: This is the most common penalty for speeding in Texas. A Class C misdemeanor is punishable by a fine of up to $500 and/or up to 30 days in jail.
- Class B Misdemeanor: This is a more serious penalty for speeding in Texas. A Class B misdemeanor is punishable by a fine of up to $2,000 and/or up to 180 days in jail.
- Felony: In extreme cases, speeding can be charged as a felony. A felony is punishable by a fine of up to $10,000 and/or up to 10 years in prison.
How is Speeding Measured in Texas?
In Texas, speeding is measured using radar guns, laser guns, and pace cars. These devices are calibrated and certified by the Texas Department of Public Safety to ensure accuracy.
How Can I Defend Against a Speeding Charge in Texas?
If you are charged with speeding in Texas, there are several defenses that you can use to fight the charge:
- Challenge the Speed Measurement: You can challenge the speed measurement used to determine your speed. This can include challenging the calibration and certification of the radar or laser gun used to measure your speed.
- Claim that the Officer Made an Error: You can claim that the officer made an error in determining your speed. This can include claiming that the officer misread the radar or laser gun reading or that the device was malfunctioning.
- Show that You Were Not Driving the Vehicle: You can show that you were not driving the vehicle at the time of the alleged speeding. This can include showing that someone else was driving the vehicle or that you were not in the vehicle at all.
Conclusion
In conclusion, criminal speed in Texas is a serious offense that can result in harsh penalties, including fines, imprisonment, and a suspended or revoked driver’s license. It is important to understand the different types of speeding offenses in Texas and the penalties that apply to each. If you are charged with speeding in Texas, it is important to work with a qualified attorney to defend against the charge and minimize the penalties.
Table: Speeding Penalties in Texas
| Offense | Penalty |
|---|---|
| Class C Misdemeanor | Fine of up to $500 and/or up to 30 days in jail |
| Class B Misdemeanor | Fine of up to $2,000 and/or up to 180 days in jail |
| Felony | Fine of up to $10,000 and/or up to 10 years in prison |
Bullets: Common Defenses to Speeding Charges in Texas
• Challenge the speed measurement
• Claim that the officer made an error
• Show that you were not driving the vehicle
• Show that you were not in the vehicle at the time of the alleged speeding
