Speeding is a common traffic violation across California, but not all speeding offenses are treated the same under the law. While many drivers assume that speeding simply results in a ticket and fine, certain types of excessive or dangerous driving can lead to criminal charges. Depending on the circumstances, speeding may be classified as either a misdemeanor or even a felony offense.
Understanding the difference between an infraction, misdemeanor, and felony is critical—especially if you’re facing a charge that could have long-lasting legal and financial consequences. This article explains how California law categorizes speeding offenses, the key factors that escalate charges, and what drivers should do if they find themselves accused of a criminal speeding violation.
How California Classifies Traffic Offenses
California law divides legal offenses into three broad categories: infractions, misdemeanors, and felonies. Most routine traffic violations, including basic speeding tickets, are classified as infractions. These are minor violations that typically result in fines and DMV points but do not carry jail time or a criminal record.
In contrast, misdemeanors are criminal offenses that may result in up to one year in county jail and a permanent criminal record. Felonies are the most serious category and involve potential state prison sentences, hefty fines, and significant long-term consequences such as loss of civil rights or professional licenses.
When Speeding Is Just an Infraction
In most cases, speeding in California is handled as an infraction. This includes situations where a driver is slightly over the speed limit or is caught in a speed trap without any additional risky behavior. These offenses generally result in a fine, potential traffic school, and a DMV point on your license. They do not result in jail time or criminal charges.
Even in cases where the driver exceeds 100 miles per hour, the offense can still be treated as an infraction, though it may involve steeper fines and a possible license suspension. However, once the behavior crosses into the realm of recklessness or endangers public safety, the charges can be elevated.
When Speeding Becomes a Misdemeanor
Speeding transitions from a civil infraction to a criminal misdemeanor when it involves certain aggravating factors. For example, speeding that involves a blatant disregard for the safety of others may be charged as reckless driving. This can occur when a driver is weaving in and out of traffic at high speeds or driving aggressively in a school zone or residential area.
Another common misdemeanor charge is participating in a speed contest or street race. Even if no injury occurs, merely engaging in an unsanctioned race on public roads can lead to criminal prosecution. Similarly, performing stunts or accelerating dangerously to impress others—often referred to as “exhibition of speed”—can be charged as a misdemeanor.
If a speeding driver causes an accident that results in bodily injury, the charges may be elevated further. Prosecutors often view these cases as endangering public safety, and the resulting consequences can be more severe.
When Speeding Becomes a Felony
Felony speeding offenses typically arise when a driver’s actions cause serious injury or death, or if the behavior reflects extreme recklessness. A speeding-related felony may occur if the driver is involved in a race or reckless incident that leads to another person being seriously hurt. In these cases, charges may include felony reckless driving or even vehicular assault.
If a fatality occurs as a result of speeding, the driver may face vehicular manslaughter charges, especially if it can be shown that the speeding involved gross negligence. These types of cases are prosecuted aggressively and carry serious consequences, including years in prison.
Another situation where felony penalties may apply is when a person is driving under the influence while also speeding and driving recklessly. In these cases, the law imposes enhanced penalties, and a DUI with added reckless speeding can carry mandatory jail time or additional sentencing enhancements.
Legal and Personal Consequences
Misdemeanor and felony speeding charges carry much more than a simple fine. A misdemeanor conviction may result in jail time, probation, loss of driving privileges, and a criminal record that can affect employment, housing, and professional licensing.
Felony charges raise the stakes significantly. A felony speeding-related conviction can lead to state prison, large fines, long-term license suspension or revocation, vehicle impoundment, and long-lasting damage to your personal and professional life. Felony convictions also carry social stigma and may result in loss of civil rights such as voting or firearm ownership.
Insurance companies also treat these charges seriously. A misdemeanor or felony on your driving record can cause premiums to skyrocket or lead to policy cancellation.
Defending Against Criminal Speeding Charges
Being charged with a misdemeanor or felony for speeding does not automatically mean a conviction is certain. There are several defenses that may apply, depending on the circumstances of the case. These include disputing the accuracy of the speed measurement, challenging the officer’s observations, or presenting evidence that you were not driving in a reckless or competitive manner.
In injury or fatality cases, the issue of causation becomes key. If it can be shown that other drivers, road conditions, or unforeseen circumstances contributed to the accident, the charges may be reduced or dismissed.
If you are facing criminal charges related to speeding, it is strongly advised that you consult with an experienced defense attorney who can help you navigate the court system and protect your rights.
Frequently Asked Questions
Is going over 100 mph automatically a felony in California?
No. While driving over 100 mph is considered dangerous and can result in higher fines or license suspension, it is typically charged as an infraction unless other factors—like racing or reckless driving—are present.
Can I go to jail for speeding?
Yes, but only if the speeding involves criminal conduct such as reckless driving, street racing, or causes injury. These cases can lead to misdemeanor or felony charges, which carry potential jail or prison time.
What is the difference between reckless driving and speeding?
Speeding refers to exceeding posted speed limits, usually charged as an infraction. Reckless driving involves a willful disregard for the safety of others and is a misdemeanor, even if no accident occurs.
Can I fight a misdemeanor speeding charge?
Yes. Many factors can be challenged in court, including speed determination methods, officer testimony, and the intent or context of your driving behavior.
What You Should Do
If you receive a speeding ticket, take it seriously—especially if the citation mentions reckless driving, racing, or includes a notice to appear in criminal court. These could indicate a misdemeanor or felony charge, not just a routine infraction.
Avoid ignoring your court date, as failing to appear can result in a separate misdemeanor charge. Take steps to understand your rights, consider legal representation, and act promptly.
Contact Southwest Legal for Help
If you or someone you know is facing misdemeanor or felony speeding charges in California, don’t face it alone. At Southwest Legal, our experienced traffic and criminal defense attorneys understand the serious consequences these charges can carry—and how to fight them effectively. Contact us today to schedule your free consultation and get the legal support you need to protect your freedom, your license, and your future.
