What is Felony Speeding in Texas?
In the state of Texas, speeding is a serious offense that can lead to severe consequences, including fines, license suspension, and even imprisonment. While most speeding tickets are classified as misdemeanors, felony speeding is a more severe offense that can result in a prison sentence of up to 10 years.
What is Felony Speeding?
Felony speeding in Texas is defined as a violation of Section 38.04(a)(2) of the Texas Penal Code, which states that a person commits an offense if they operate a vehicle at a speed that is 15 miles per hour or more above the maximum speed limit in a school zone, 25 miles per hour or more above the maximum speed limit on a two-lane highway, or 30 miles per hour or more above the maximum speed limit on any other highway.
Elements of Felony Speeding
To prove felony speeding, the prosecution must establish the following elements:
- The defendant operated a vehicle
- The defendant did so at a speed that was 15 miles per hour or more above the maximum speed limit in a school zone, 25 miles per hour or more above the maximum speed limit on a two-lane highway, or 30 miles per hour or more above the maximum speed limit on any other highway
- The defendant’s conduct caused the death of another person
Consequences of Felony Speeding
Felony speeding is a second-degree felony, which carries a sentence of 2 to 10 years in prison and a fine of up to $10,000. Additionally, the defendant may also face:
- License suspension: The defendant’s driver’s license may be suspended for a period of up to 2 years
- Community supervision: The defendant may be placed on community supervision, which requires them to comply with certain conditions, such as reporting to a probation officer and paying fines
- Restitution: The defendant may be required to pay restitution to the victim or their family
Examples of Felony Speeding
Here are some examples of situations that may constitute felony speeding in Texas:
- A driver is traveling at 80 miles per hour in a 65-mile-per-hour zone and causes a fatal accident
- A driver is traveling at 90 miles per hour in a 70-mile-per-hour zone on a two-lane highway and causes a fatal accident
- A driver is traveling at 100 miles per hour in a 75-mile-per-hour zone on a highway and causes a fatal accident
Defenses to Felony Speeding
While felony speeding is a serious offense, there are some defenses that may be available to the defendant. These include:
- Reasonable speed: The defendant may argue that their speed was reasonable under the circumstances, such as in a situation where the road was clear and there were no obstacles
- Emergency situation: The defendant may argue that they were operating their vehicle in an emergency situation, such as a medical emergency, and that their speed was necessary to respond to the situation
- Lack of proof: The prosecution may not have sufficient evidence to prove that the defendant was operating their vehicle at a speed that was 15 miles per hour or more above the maximum speed limit
Table: Maximum Speed Limits in Texas
| Road Type | Maximum Speed Limit |
|---|---|
| Highway | 75-85 miles per hour |
| Two-Lane Highway | 65-75 miles per hour |
| School Zone | 20-30 miles per hour |
Conclusion
Felony speeding is a serious offense in Texas that can result in severe consequences, including imprisonment. It is important for drivers to be aware of the maximum speed limits on the roads they travel and to operate their vehicles at a safe and reasonable speed. If you have been charged with felony speeding, it is important to seek the advice of an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
