Can You Get a Felony for Speeding? What You Must Know

Can you get a felony for speeding? Yes, in certain circumstances speeding can get you a felony. While most speeding tickets result in a ticket, fine, or points on your license, extreme speeding or reckless driving can become a much bigger deal. This post will cover when speeding becomes a felony, what constitutes felony speeding, and the legal consequences you may face.


Speed limits are in place for a reason: to keep everyone safe. But going past those limits – especially by a lot or in bad conditions – can have serious legal consequences. Let’s dive in and see what makes speeding a felony and how to protect yourself if you get charged.

• What is Speeding?
• When does Speeding become a Felony?
• Excessive Speeding
• Racing on Highways or Public Roads
• Speeding and Reckless Driving
• Speeding causes Injury or Death
• Penalties for Speeding
• Class B Misdemeanor
• State Jail Felony
• Third Degree Felony
• Second Degree Felony
• Felony Speeding Defense
• 1. Challenge the Speed Measurement
• 2. You Were Not Driving Recklessly
• 3. Mitigating Circumstances
• Experienced Criminal Defense Lawyer in McAllen: Call The Law Office of Rolando Cantu

What is Speeding?

At its simplest, speeding is driving above the posted speed limit. Speed limits are in place to keep roads safe and prevent accidents. Going above and exceeding the speed limit usually results in a traffic violation, a minor offense that can still have consequences like fines, points on your record, and higher insurance rates.

Speeding violations are classified as moving violations and most are handled as a common traffic violation, with a traffic infraction ticket and fines. However, the situation changes when reckless behavior or extreme speed is involved.

Related: What is Criminal Speeding?

When does Speeding become a Felony?

It depends on the severity of the violation and other circumstances surrounding the incident. In most cases speeding alone doesn’t get you a felony. But when speeding is combined with reckless behavior, results in injury, or involves racing it can get you a felony charge. Let’s go through some specific scenarios where speeding becomes a felony.

Excessive Speeding

In Texas, excessive speeding in itself may not automatically get you a felony offense but when combined with other reckless driving behaviors or if it’s so extreme it puts others in danger it can be charged as a more serious crime. For example, if your speed is 30 mph or more over the limit it can trigger reckless driving charges. Reckless driving in Texas is a Class B misdemeanor but under certain circumstances, it can be upgraded to a felony.

Racing on Highways or Public Roads

Racing on streets or public roads is a serious criminal offense that usually gets you a felony charge. Under Texas Penal Code § 545.420, street racing is considered reckless driving and can be a felony if you have prior racing convictions.

• First-time racing: Class B misdemeanor.
• Second time racing: Class A misdemeanor.
• If the racing causes injury or death: Felony charges are likely and depending on the severity of the injuries this can be a state jail felony to a second-degree felony.



For example, racing that causes serious bodily injury can be a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000.

Speeding and Reckless Driving

Speeding combined with reckless driving behaviors like weaving in and out of lanes, tailgating, or running red lights can get you a felony for speeding. Reckless driving under Texas Transportation Code § 545.401 is driving with “willful or wanton disregard for the safety of persons or property.”

• Reckless driving alone: Class B misdemeanor, up to 180 days in jail and/or a fine of up to $2,000.
• If reckless driving causes injury or death: The charge can be a felony.

You can also read: Being Under the Influence of Alcohol Means That...

Speeding causes Injury or Death

One of the most severe circumstances where speeding becomes a felony is when it causes injury or death. If a driver’s excessive speed causes an accident that results in serious bodily injury or death they can be charged with Intoxication Manslaughter (if alcohol was involved) or Criminally Negligent Homicide under the Texas Penal Code.

• Intoxication Manslaughter (Texas Penal Code § 49.08): Second-degree felony, 2 to 20 years in prison and a fine of up to $10,000.
• Criminally Negligent Homicide (Texas Penal Code § 19.05): State jail felony, 180 days to 2 years in state jail and a fine of up to $10,000.

Read more: Can You Go to Jail for Accidentally Killing Someone in Texas?

Penalties for Speeding

There is a significant difference between simple traffic infractions and a speeding violation. Speeding can be a big deal with big consequences. Here’s what those look like under the Texas Penal Code:

Class B Misdemeanor

For reckless driving or speeding that doesn’t cause injury but shows a willful disregard for safety you can get a Class B misdemeanor.

• Penalty: Up to 180 days in jail and/or fine of up to $2,000..

State Jail Felony

If reckless driving or speeding causes property damage or bodily injury the offense can be a state jail felony.

• Penalty: 180 days to 2 years in state jail and a fine of up to $10,000.

Third Degree Felony

Some types of reckless driving or speeding that involve evading arrest in a vehicle or serious bodily injury can be a third-degree felony.

• Penalty (Texas Penal Code § 12.34): 2 to 10 years in prison and a fine of up to $10,000.

Second Degree Felony

Speeding or reckless driving that causes death (Intoxication Manslaughter) or serious injury from racing can be a second-degree felony.

• Penalty (Texas Penal Code § 12.33): 2 to 20 years in prison and a fine of up to $10,000.

Felony Speeding Defense

If you’re facing felony speeding charges you need to get legal help ASAP. A good criminal defense attorney can review your case, build a defense, and potentially get the charges reduced or dismissed. Here are a few common defense strategies:

1. Challenge the Speed Measurement

Sometimes law enforcement’s speed measurement methods are flawed. Radar guns can malfunction or be mis-calibrated. An attorney can challenge the speed reading in court and potentially get the charges reduced.

2. You Were Not Driving Recklessly

If you can show that while you were speeding you were not driving recklessly you may be able to get the charges reduced. For example, if you were driving on an empty highway at night with no other cars around your attorney could argue that the circumstances don’t warrant a felony charge.

3. Mitigating Circumstances

Sometimes drivers speed due to emergencies or other mitigating circumstances. If you were speeding to get someone to the hospital or get away from a dangerous situation your attorney can present those circumstances to the court to reduce the punishment.

Experienced Criminal Defense Lawyer in McAllen: Call The Law Office of Rolando Cantu

If you are caught speeding,  especially if the speeding involved reckless driving or resulted in injury or death, it is important to know that it can carry significant penalties; from jail time to losing your driving privileges and even losing employment opportunities because of a bad driving record.

If you’re facing felony speeding charges you need an attorney who knows what they’re doing. The Law Office of Rolando Cantu can help you through this process. Whether you’re facing excessive speeding charges, reckless driving, or other serious criminal offenses, we can defend your rights.

Call us today to schedule a free consultation and get started on your defense. Don’t let a speeding ticket ruin your life—get legal help.