If you’ve received a speeding ticket in Texas, you may wonder whether it’s more than just a traffic violation. While most speeding tickets are classified as minor offenses, certain factors, such as excessive speed, reckless behavior, or repeat violations, can raise the charge to a misdemeanor. These cases carry more serious penalties, including higher fines, license points, and possible jail time.
Speeding becomes even more serious when it leads to a car accident that results in injuries or property damage. In these situations, a misdemeanor charge can complicate insurance claims and legal responsibility. An experienced car accident attorney Houston drivers trust can help you understand your options, protect your rights, and navigate the legal process effectively.
What Is a Speeding Ticket?
In Texas, speeding violations are generally classified as civil infractions rather than criminal offenses. These violations typically result in a fine and are recorded on your driving history. However, a speeding ticket may become a misdemeanor in certain situations, depending on the speed at which you were traveling and the circumstances surrounding the violation.
Texas Transportation Code
Texas law defines the maximum allowable speed limits for various types of roads under the Texas Transportation Code, Section 545.351. Exceeding these limits typically results in a fine, but it can escalate to a misdemeanor under certain conditions, such as excessive speeding or reckless driving.
- Section 545.351 establishes the speed limits for highways, urban streets, and rural roads.
- Section 545.352 provides penalties for exceeding the speed limit in specific areas like school zones or construction zones.
Are All Speeding Tickets Misdemeanors?
The majority of speeding violations in Texas are not classified as misdemeanors. Instead, they are considered civil violations that result in a fine. These tickets typically do not carry the potential for jail time or criminal records. However, under certain circumstances, a speeding ticket can become a misdemeanor.
When Does a Speeding Ticket Become a Misdemeanor?
A speeding ticket in Texas can become a misdemeanor under certain circumstances. The Texas Penal Code and Texas Transportation Code outline specific conditions that escalate a simple speeding ticket to a more serious offense. Here’s when a speeding ticket may become a misdemeanor:
Excessive Speeding
When a driver exceeds the speed limit by 25 mph or more, the offense may be classified as a misdemeanor under Texas Transportation Code §545.351. This is especially true if the speed creates a potential danger to other drivers or pedestrians. In these cases, the penalties become more severe, and the charge could result in a class B misdemeanor, which carries higher fines and potential jail time.
Speeding Combined with Reckless Driving
If speeding is combined with reckless driving behavior, such as tailgating, weaving through traffic, or running red lights, the violation may be charged as a class B misdemeanor. Reckless driving in Texas is governed by Texas Penal Code §545.401, which considers it a criminal offense to drive with a willful disregard for public safety. A combination of speeding and reckless driving significantly increases the severity of the penalty.
Speeding in School Zones or Construction Zones
Speeding in school zones or construction zones carries heightened penalties due to the increased risk to children, pedestrians, and workers. Texas Transportation Code §472.022 imposes stricter fines for violations in these zones. If you’re caught speeding in one of these areas, the fine may be doubled, and the ticket may escalate to a misdemeanor if the violation is deemed severe enough.
Accidents Caused by Speeding
If speeding leads to an accident involving injuries, fatalities, or significant property damage, the driver may face misdemeanor charges or felony charges, depending on the severity of the incident. Even if the speeding violation itself would typically be classified as a class C misdemeanor, the involvement in an accident can escalate the charges to a class B misdemeanor or more serious criminal offenses.
Consequences of a Misdemeanor
If your speeding ticket is classified as a misdemeanor, the legal consequences can be much more serious than a simple fine. These penalties can include higher fines, potential jail time, license suspension, and a criminal record. Here’s a breakdown of what to expect:
Fines for a Misdemeanor
Misdemeanor speeding violations are generally subject to higher fines than civil traffic violations. Depending on the severity of the offense, fines can range from $500 to $2,000 or more. Speeding in construction zones or school zones will result in even higher fines.
Jail Time for a Misdemeanor
While class C misdemeanor speeding tickets typically do not result in jail time, violations that are classified as class B misdemeanors may carry a penalty of up to 180 days in jail. This is especially true in cases involving reckless driving or accidents that cause significant harm.
License Suspension
A misdemeanor speeding offense may lead to the suspension of your driver’s license, especially if you have multiple violations on your record. In some cases, the court may require you to attend a defensive driving course or complete community service before your driving privileges are reinstated.
Criminal Record
Unlike a civil speeding violation, a misdemeanor speeding ticket results in a criminal record. This record can have long-term consequences, such as difficulties obtaining certain jobs or securing housing. It is important to take a misdemeanor speeding violation seriously and seek legal advice if you are facing charges.
Increased Insurance Rates
A misdemeanor speeding ticket can significantly increase your auto insurance premiums. Insurance companies often view drivers with criminal violations as high-risk, and your premiums may skyrocket as a result. In some cases, your insurance provider may even cancel your policy.
When to Contact a Lawyer
If your speeding ticket could escalate to a misdemeanor or involves an accident, it’s important to contact our team as soon as possible. Our experienced Houston personal injury attorney can protect your rights, guide you through the legal process, and work to reduce fines or penalties, especially if the violation involves reckless driving, school or construction zones, or results in property damage or injuries. When you contact us, we use a range of proven strategies to defend clients:
- Challenge the Accuracy: Question the reliability of radar or laser guns if there’s any doubt about calibration or accuracy, which can lead to reduced charges or dismissal.
- Question the Officer’s Conduct: Review whether proper procedures were followed during the traffic stop to identify procedural errors that could lower or dismiss charges.
- Present Mitigating Circumstances: Highlight factors such as a clean driving record or emergencies to argue for lesser charges or even ticket dismissal.
- Defensive Driving Course: Guide eligible clients through defensive driving programs to prevent points on the license and potentially dismiss the ticket.
By contacting our team early, we maximize your chances of a favorable outcome, protect your driving record, and navigate any complexities arising from speeding violations or related accidents.
Facing a Speeding Ticket? Contact Our Traffic Lawyers
In Texas, a speeding ticket is usually a class C misdemeanor, but certain situations, such as excessive speeding, reckless driving, or violations in school or construction zones, can elevate it to a more serious offense, including felony charges if an accident occurs. If you’ve received a speeding ticket and are concerned about the potential consequences, contact The Law Office of Michael Bates. Our experienced traffic attorneys can help you understand your rights, navigate the legal process, and work to reduce or even dismiss the charges, protecting both your record and your peace of mind.