Speeding is linked to dangerous traffic accidents and frequent fatalities. In 2022, speeding killed over 12,000 people. Speeding contributed to approximately 30% of traffic fatalities in the same study. While speeding may be a common misbehavior on the road, it should also come as no surprise that California has a strict penalty system for drivers who have been ticketed for speeding. Regarding California law, is a speeding ticket a misdemeanor?
You may be wondering if a speeding ticket is a misdemeanor or a felony in California. In most cases, speeding is a simple ticketing offense associated with fines and license penalties. However, there are circumstances where speeding can result in either a misdemeanor or a felony, depending on the circumstances.
Nadrich Accident Injury Lawyers are here to help, whether facing a speeding ticket or dealing with a serious car accident case. Let’s start with the important information about speeding penalties in California.
Standard Infractions for Speeding Tickets
If you are pulled over or automatically recorded as speeding in California, the typical penalty is a traffic infraction ticket.
You need to pay a fine for traffic tickets based on the difference between your speed and the speed limit.
The faster you go over the limit, the larger the fine you will pay.
- $35 fine: 1-15 miles per hour (mph) above the speed limit.
- $75 fine: 16-25 mph above the speed limit.
- $100 fine: 26-99 mph above the speed limit.
It is important to remember that this structure represents only the base fees for a speeding ticket. Additional penalties and assessments can substantially increase the cost of your ticket to hundreds of dollars, depending on the circumstances. These additional penalties typically relate to protected areas, road conditions, recklessness, intoxication, and whether anyone else was directly put at risk.
Once you receive a ticket, you should
- Pay the ticket through the approved platform
- Appear in traffic court
- Receive 1 point against your license
It is possible to fight a speeding ticket, but you will need to make your ticket hearing court date and plead not guilty to the violation in traffic court.
When Is a Speeding Ticket a Misdemeanor?
While most speeding violations will result in tickets, sometimes other factors can escalate the punishment to a misdemeanor. These factors include
- Speeding in a school zone
- Speeding in a construction area
- Repeat offenses with a history of speeding tickets
- Negligent or reckless driving
If authorities deem your speeding to have elevated the offense to a criminal level, a speeding ticket becomes a misdemeanor. This includes putting vulnerable parties at risk, like school children, or recklessly neglecting the safety of pedestrians, such as construction workers or people on foot in a neighborhood or shopping area.
Repeated speeding tickets can also result in a misdemeanor as the court seeks to discourage a routine of dangerous driving behaviors.
The penalties for a misdemeanor in California include:
- Up to 1 year in jail
- Up to $1,000 fine
- A permanent mark on your driving and criminal record
You will likely also need to attend a court date and accept the ruling. You can defend against a speeding ticket misdemeanor, but dismissal is far less likely once it has reached this point.
Felony Speeding Violations
A speeding ticket can result in felony charges, with penalties including 2–10 years in prison, thousands of dollars in fines, and additional misdemeanor charges. This typically requires the incident to involve a combination of excessive speeding, recklessness, and harming others or creating a significant risk of harm.
Any of the following conditions may result in a felony speeding violation.
Exceeding 100 mph
Driving over 100mph automatically results in a 2-point penalty against your license and puts your driver at risk of a felony charge. Driving faster than 100 mph increases your risk level. Consider the current speed limit and account for the difference between your speed and that limit.
Violating Protected Zones
Driving more than 100 mph or in a reckless manner in a protected zone, such as a school or construction zone, can result in felony charges. This charge argues the driver was aware of the increased level of risk and continued to drive at potentially fatal collision speeds.
Reckless Driving
Reckless driving that inherently endangers others may also result in felony speeding charges. This includes erratic driving, violating traffic laws, and racing with other drivers.
Substantial Bodily Harm
Any speeding incident that results in substantial bodily harm could result in felony charges.
Repeat Offenders
The court also increases penalties for repeat offenders who persist in driving recklessly after receiving milder penalties. Repeatedly speeding excessively increases the risk that authorities will consider your next speeding ticket a felony.
Penalties for Felony Speeding Violations
Felony speeding violations carry significant penalties that can stack up based on exacerbating circumstances. A state jail felony can result in up to 3 years in prison and $10K in fines. When authorities detect reckless driving without causing harm, this scenario is more likely.
However, if your speeding caused significant harm to another person, you may face up to 10 years in jail (in some cases, with a minimum of 2 years).
Attending traffic school may reduce the sentence for a first-time offense.
Insurance After a Speeding Ticket
If you have only received a speeding ticket, the good news is that insurance typically does not increase after a first offense. If you get multiple speeding tickets in three years, your insurance rates will likely increase. You can also lose your ‘safe driving’ discount after receiving any traffic violation ticket.
Speeding tickets stay on your checkable driving record for up to 5 years, so it’s best to avoid frequent traffic tickets of any type to keep your auto insurance affordable.
Next Steps After a Speeding Accident
What should you do if you get into a speeding accident? After any car accident, it’s important to follow the proper safety procedures, such as clearing the road, ensuring the injured receive medical attention, and reporting the accident as needed to the police and insurance providers.
If someone else caused an accident that injured you, consider contacting a personal injury lawyer familiar with California traffic laws. Nadrich Accident Injury Lawyers is here to help. Contact us to discuss your injury and options with a lawyer who will defend your rights to a personal injury insurance claim or civil court settlement.
