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What speed is a felony in California?

What Speed is a Felony in California?

In California, the speed at which a driver can be charged with a felony is typically 65 miles per hour or higher in a school zone or 80 miles per hour or higher on a freeway or other highway. However, it’s important to note that the specific speed limits and penalties can vary depending on the circumstances of the case.

California Vehicle Code Section 22350

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The California Vehicle Code Section 22350 states that a person who drives a vehicle at a speed that is more than 65 miles per hour in a school zone, or more than 80 miles per hour on a freeway or other highway, is guilty of a misdemeanor offense. This section also provides that a person who drives a vehicle at a speed that is more than 85 miles per hour on a freeway or other highway is guilty of a felony offense.

School Zone Speed Limits

In California, school zones are typically marked with yellow flashing lights or speed limit signs that indicate a lower speed limit, usually 25 miles per hour or 35 miles per hour. When driving through a school zone, drivers are required to slow down and be cautious, as children may be present.

Freeway and Highway Speed Limits

On California freeways and highways, the default speed limit is 65 miles per hour, unless otherwise posted. However, drivers are expected to adjust their speed based on road conditions, traffic, and weather.

Felony Speeding in California

If a driver is charged with felony speeding in California, they can face up to 3 years in prison, as well as fines and penalties. The specific penalties will depend on the circumstances of the case and the driver’s prior record.

Other Factors that Can Increase Penalties

In addition to the speed at which a driver is traveling, there are several other factors that can increase the penalties for speeding in California. These include:

  • Multiple speeding violations: If a driver has multiple speeding violations on their record, they can face increased penalties and fines.
  • Reckless driving: If a driver is charged with reckless driving, they can face up to 1 year in prison, as well as fines and penalties.
  • Injury or death: If a driver’s speeding causes an injury or death, they can face more severe penalties, including felony charges.
  • Prior criminal record: If a driver has a prior criminal record, they can face increased penalties and fines for speeding.

Defenses to Felony Speeding Charges

If a driver is charged with felony speeding in California, there are several defenses that they can use to challenge the charges. These include:

  • Lack of evidence: If the prosecution cannot provide sufficient evidence to prove that the driver was speeding, the charges can be dismissed.
  • Speed limit sign was not visible: If the driver was not aware of the speed limit sign, they may be able to argue that they were not speeding.
  • Emergency circumstances: If the driver was in an emergency situation and had to speed to avoid a hazard, they may be able to argue that they were not speeding recklessly.
  • Police misconduct: If the police officer who issued the ticket or arrested the driver engaged in misconduct, the charges can be dismissed.

Conclusion

In California, the speed at which a driver can be charged with a felony is typically 65 miles per hour or higher in a school zone or 80 miles per hour or higher on a freeway or other highway. However, the specific speed limits and penalties can vary depending on the circumstances of the case. Drivers who are charged with felony speeding can face up to 3 years in prison, as well as fines and penalties. It is important for drivers to be aware of the speed limits and to adjust their speed based on road conditions, traffic, and weather.

Table: California Speed Limits

LocationSpeed Limit
School Zone25-35 mph
Freeway/Highway65 mph (default)
School Zone (65-85 mph)Misdemeanor
School Zone (85+ mph)Felony
Freeway/Highway (80-85 mph)Misdemeanor
Freeway/Highway (85+ mph)Felony

Bullets: Key Points

• The speed at which a driver can be charged with a felony in California is typically 65 miles per hour or higher in a school zone or 80 miles per hour or higher on a freeway or other highway.
• School zones are typically marked with yellow flashing lights or speed limit signs that indicate a lower speed limit.
• On California freeways and highways, the default speed limit is 65 miles per hour, unless otherwise posted.
• Drivers who are charged with felony speeding can face up to 3 years in prison, as well as fines and penalties.
• Other factors that can increase penalties for speeding in California include multiple speeding violations, reckless driving, injury or death, and prior criminal record.

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