In Texas, most speeding tickets are civil violations, resulting in fines and points on your record, without criminal charges. However, certain situations, such as excessive speed or reckless driving, can elevate a speeding ticket to a misdemeanor.
Factors like speeding in school zones or causing accidents can lead to criminal charges. If you face a misdemeanor, consulting a Houston car accident lawyer can help you navigate the legal process and minimize potential penalties.
Speeding Violations vs. Misdemeanors
In Texas, speeding tickets are generally infractions, not criminal offenses. An infraction is a violation of traffic laws, but does not result in a criminal record. Typically, these violations come with fines and points on your driving record. On the other hand, a misdemeanor is a criminal offense and comes with more serious consequences, such as:
- Higher fines
- Possible jail time
- License suspension
- Permanent criminal record
While most speeding violations are infractions, certain conditions, such as excessive speed or reckless behavior, can elevate the violation to a misdemeanor with lasting consequences.
When Does Speeding Become a Misdemeanor?
The majority of speeding violations in Texas are treated as civil infractions, but there are certain situations where speeding can escalate into a misdemeanor. Below are the most common scenarios that can turn a simple speeding violation into a criminal offense.
1. Excessive Speed
In Texas, driving 25 mph or more over the speed limit is considered excessive speeding and can result in a misdemeanor. For instance:
- Driving over 85 mph on a highway with a lower speed limit
- Going 15 mph over in areas with lower speed limits, such as urban or residential zones
Excessive speeding is treated as a criminal offense because of the heightened risk to public safety.
2. Reckless Driving
Reckless driving is another factor that can turn a speeding ticket into a misdemeanor. If your speeding is combined with dangerous behaviors, such as:
- Tailgating
- Weaving in and out of traffic
- Ignoring traffic signals
This suggests a willful disregard for safety, which is classified as reckless driving and can result in criminal penalties.
3. Speeding in School or Construction Zones
School zones and construction zones are treated with heightened concern because of the increased risk to children and workers. Even if you’re speeding slightly in these areas, the violation can become a misdemeanor:
- Higher fines
- Mandatory court appearances
- Increased penalties
Texas law imposes stricter penalties in these areas to protect vulnerable pedestrians and workers.
4. Repeat Speeding Offenses
If you have multiple speeding violations in a short period, this may show a pattern of ignoring traffic laws. Habitual offenders are more likely to face misdemeanor charges for subsequent violations, even if they are not excessively speeding.
5. Accidents Resulting from Speeding
Speeding that leads to accidents, especially those causing injuries or property damage, can lead to misdemeanor or even felony charges, depending on the severity of the incident. Texas law treats these situations seriously, especially if public safety is endangered.
Penalties for Misdemeanor Speeding
When a speeding violation becomes a misdemeanor in Texas, the penalties are more serious than a simple infraction. Here’s a quick overview of what you might face:
- Fines: Misdemeanor speeding violations in Texas come with fines, which can range from a few hundred to over $1,000, depending on how much over the speed limit you were driving. School zone and construction zone violations often carry higher fines (up to $1,000) under Texas Transportation Code §472.022.
- Jail Time: While rare, jail time is possible for misdemeanor speeding violations, especially in cases involving reckless driving or accidents. Texas Penal Code §12.23 allows up to 180 days in jail for Class B misdemeanors.
- License Suspension: A misdemeanor speeding violation could lead to license suspension under Texas Transportation Code §521.291 if you accumulate 12 or more points on your driving record within 12 months, or if the offense involves reckless driving.
- Insurance Consequences: Insurance premiums often rise after a misdemeanor speeding charge. Under Texas Insurance Code §1952.101, insurers can increase rates based on points on your record or a criminal conviction.
- Criminal Record: A misdemeanor speeding violation could result in a criminal record under Texas Penal Code §12.21, which may impact employment, housing, and travel opportunities.
Speeding and Insurance Impact
Even if your speeding ticket doesn’t result in a misdemeanor, it can still affect your insurance premiums. Insurance companies use points on your driver’s license to assess risk. The more points you accumulate, the higher your rates may become.
If you receive multiple speeding tickets or have a history of reckless driving, your insurer may categorize you as a high-risk driver, significantly increasing your monthly premiums.
Misdemeanor Speeding: Next Steps
If you are charged with misdemeanor speeding in Texas, acting promptly can help reduce the severity of the penalties. Here’s what you should do:
- Address the Ticket Promptly: Ignoring the ticket can result in additional legal issues, like arrest warrants.
- Get Legal Help: A Houston car accident lawyer can assess the case, find flaws in the evidence, and work out a favorable deal with the prosecution.
- Look Into Defensive Driving: Completing a defensive driving course might help reduce the fine or prevent points from being added to your record.
Protect Your Record
While most speeding tickets are treated as infractions, certain situations, such as excessive speed, reckless driving, school or construction zone violations, repeat offenses, or accidents- can elevate a ticket to a misdemeanor with serious legal and financial consequences.
If you are facing penalties or a speeding charge that may rise to a misdemeanor, Lakhani & McGrath can help. Our team works to protect your driving record, challenge criminal charges when possible, and pursue reduced fines, points, or other penalties under Texas law.
