Felony Speeding in California: Legal Limits Every Driver Must Know

Speeding is one of the most common traffic offenses in California. Most of the time, it results in nothing more than a ticket or a fine. However, in certain situations, excessive speed can escalate into a felony offense, carrying severe penalties including jail time and a permanent criminal record.

Understanding the circumstances under which speeding can become a felony is critical for drivers. This article will explain what felony speeding is, the legal limits in California, potential penalties, common scenarios that lead to felony charges, and how legal representation can help protect your rights.

What Is Felony Speeding in California?

In California, there is no specific law that defines a set speed as automatically a felony. Typically, speeding violations are civil infractions. This means that while speeding can result in fines, points on your driver’s license, and higher insurance rates, it usually does not result in criminal charges.

However, speeding can escalate into a felony when it is associated with certain dangerous conduct, such as:

• Causing serious injury or death while speeding

• Engaging in reckless driving or street racing that results in harm

• Combining excessive speed with other criminal acts, such as evading police or driving under the influence

It’s important to note that it’s not just the speed itself that makes the act a felony; the surrounding circumstances and consequences of the speeding play a critical role.

California Speeding Laws: Infractions vs. Criminal Charges

1. Standard Speeding Infractions

Most speeding violations fall under the category of infractions. These include:

• Exceeding posted speed limits

• Driving at an unsafe speed for road or weather conditions

Infractions generally result in a fine, points on the driver’s license, and increased insurance rates. Jail time is not typically involved.

2. Misdemeanor-Level Speeding

Certain types of speeding violations are considered more serious and may be charged as misdemeanors, including:

• Reckless driving: Operating a vehicle with willful disregard for the safety of others

• Excessive speeding over 100 mph: While still often an infraction, the fines are significantly higher and the risk of additional penalties increases

• Street racing or speed contests: Engaging in organized racing on public roads, especially if the activity creates danger to others

3. When Speeding Becomes a Felony

Speeding may be elevated to a felony when it leads to serious consequences, such as:

• Serious injury or death: Causing an accident with severe injuries can trigger felony charges like vehicular manslaughter

• Grossly negligent or reckless behavior: Actions showing a disregard for human life may result in felony charges

• Crimes connected to speed: Evading police or committing a DUI while driving excessively fast may result in felony charges

The distinction between infractions, misdemeanors, and felonies depends on the level of harm caused, the intent or recklessness of the driver, and whether the speeding is tied to other criminal acts.

Defining “Serious Injury” in California

The severity of injuries caused by speeding can influence whether charges are elevated. In California, “serious injury” typically includes:

• Bone fractures or broken limbs

• Prolonged impairment of a body part or organ

• Loss of consciousness

• Severe lacerations requiring multiple stitches

• Significant disfigurement

When serious injury occurs due to speeding, prosecutors may pursue felony charges even if the driver did not intend to cause harm.

Penalties for Felony Speeding-Related Charges

Felony Reckless Driving Causing Injury

If a driver is charged with felony reckless driving resulting in injury, potential penalties include:

• Up to 3 years in state prison

• Fines up to $10,000

• Permanent criminal record

• Vehicle impoundment in certain cases

Felony Vehicular Manslaughter

If speeding causes the death of another person due to gross negligence:

• Prison sentences typically range from 2 to 6 years or more

• Significant fines

• Long-term loss of driving privileges

Felony charges are severe and have lasting consequences far beyond standard traffic tickets.

Common Scenarios That Lead to Felony Charges

Understanding the situations that often result in felony charges helps drivers recognize risks:

1. Speeding Causing Serious Injury: Accidents where excessive speed contributes to severe injuries can lead to felony reckless driving charges.

2. Street Racing or Speed Contests: Participating in street racing that results in bodily harm or fatalities can trigger felony charges.

3. DUI Combined with Excessive Speed: Driving under the influence while going well over the speed limit can elevate charges and result in longer sentences.

4. Evading Police: Speeding to escape law enforcement often leads to felony pursuit charges, in addition to any speeding or reckless driving offenses.

How a Lawyer Can Help

If you are facing charges that could be elevated to a felony due to speeding, a skilled lawyer can:

• Evaluate the Charges: Determine whether felony charges are legally justified or if the case should remain a misdemeanor or infraction.

• Develop Defenses: Challenge evidence, measurement of speed, or argue mitigating circumstances to reduce charges.

• Negotiate Outcomes: Work to reduce penalties, seek alternatives to prison, or pursue plea agreements to minimize long-term consequences.

Having an experienced DUI and traffic law attorney can make the difference between a felony conviction and a reduced or dismissed charge.

Key Takeaways for Drivers in California

• Most speeding violations are infractions, not felonies.

• Excessive speed alone does not automatically lead to felony charges.

• Felony charges usually involve serious injury, death, reckless behavior, or other criminal acts.

• Penalties for felony speeding-related charges can include prison, large fines, and a permanent criminal record.

• Legal representation is essential to protect your rights and navigate complex traffic and criminal laws.

Protect Yourself: Call Southwest Legal

Felony speeding charges are serious and can have life-changing consequences. If you or a loved one is facing felony-related traffic charges in California, it’s critical to have experienced legal representation. Southwest Legal specializes in DUI defense and traffic law. Our defense attorneys provide aggressive, knowledgeable representation to help you protect your rights, reduce charges, and safeguard your future. Call us today to schedule a free, confidential consultation and get the guidance you need to navigate felony speeding charges in Southern California.