What is Felony Speeding in Massachusetts?
Speeding is a common traffic violation that can result in serious consequences, including fines, license suspension, and even criminal charges. In Massachusetts, speeding can be charged as a felony offense in certain circumstances. In this article, we will explore what constitutes felony speeding in Massachusetts and the consequences of being convicted.
What is Felony Speeding?
Felony speeding in Massachusetts is typically defined as a violation of Massachusetts General Laws (M.G.L.) chapter 89, section 2. According to this statute, a person can be charged with felony speeding if they are convicted of speeding in excess of 120 miles per hour (mph) on a highway or roadway.
Contents
Key Elements of Felony Speeding
To understand felony speeding in Massachusetts, it is essential to consider the following key elements:
- Speed: The driver must be traveling in excess of 120 mph.
- Highway or roadway: The speeding offense must occur on a highway or roadway, which is defined as a public way or thoroughfare designed and intended for vehicular travel.
- Felony intent: The driver must have intentionally exceeded the speed limit, which is more than 120 mph.
Circumstances that may Lead to Felony Speeding Charges
Felony speeding charges are typically filed in cases where a driver’s reckless behavior has resulted in serious harm to others. Some common circumstances that may lead to felony speeding charges include:
• Serious injury or fatality: If a speeding driver causes a serious injury or fatality to another person, they may face felony speeding charges.
• Multiple speeding violations: If a driver is stopped multiple times for speeding within a short period, they may be charged with felony speeding.
• DUI or drug-related incidents: If a driver is impaired by drugs or alcohol while speeding, they may face felony charges.
• High-speed chases: If a driver engages in a high-speed chase with law enforcement, they may be charged with felony speeding.
Consequences of Felony Speeding in Massachusetts
If convicted of felony speeding in Massachusetts, a driver can face severe penalties, including:
- Criminal charges: Felony speeding is a criminal offense, punishable by up to 2 1/2 years in jail or house of correction, a fine of up to $5,000, or both.
- License suspension: A felony speeding conviction can result in a license suspension for up to 1 year.
- Fines: The fine for felony speeding in Massachusetts can range from $1,000 to $5,000.
- Points on record: A felony speeding conviction can result in 15 points being assessed against a driver’s record, which can lead to increased insurance rates and license suspension.
- Reputation and stigma: A felony conviction can have a significant impact on a person’s reputation and employability.
Defenses against Felony Speeding Charges
While felony speeding charges are serious, there are defenses that a driver can use to contest the charges. Some common defenses include:
• Lack of evidence: If the prosecution lacks sufficient evidence to prove that the driver was speeding, the charges may be dismissed.
• Reasonable doubt: If the driver can raise a reasonable doubt about their guilt, the charges may be dismissed or reduced.
• Unreasonable speed limit: If the speed limit was excessive or unreasonable, the driver may argue that they were not speeding.
• Duress or necessity: If the driver was under duress or felt forced to speed to avoid a dangerous situation, they may argue that they were acting in self-defense.
Conclusion
Felony speeding in Massachusetts is a serious offense that can result in severe penalties, including criminal charges, license suspension, and fines. It is essential for drivers to understand the laws and consequences of speeding in Massachusetts to avoid such charges. If charged with felony speeding, it is crucial to seek legal representation to explore available defenses and minimize the consequences of a conviction.
Table: Felony Speeding in Massachusetts
| Element | Description |
|---|---|
| Speed | Exceeding 120 mph |
| Highway or roadway | Public way or thoroughfare designed and intended for vehicular travel |
| Felony intent | Intentionally exceeding the speed limit |
Bullets: Circumstances that may Lead to Felony Speeding Charges
• Serious injury or fatality
• Multiple speeding violations
• DUI or drug-related incidents
• High-speed chases
