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Is Excessive Speeding an Automatic Felony?

Posted: Thursday, August 29th, 2019 at 3:51 pm

Is Excessive Speeding an Automatic Felony?

If you are caught driving at excessive rates of speed, does that mean you’ll be charged with a felony? It’s true that high rates of speed are often a factor in felony traffic-related convictions. However, speeding won’t necessarily land you a felony. There are many factors that go into a felony conviction. It’s important to remember that only a qualified legal professional in your state with experience in traffic cases can help you determine the specifics of your case. However, here are some general considerations that could play a factor in whether or not your excessive speeding charge will result in a felony conviction.

How Fast Were You Going?

How fast were you speeding? If you were going 90 miles an hour down the highway, you might not be charged with a felony. In some states, rates of 100 miles per hour and above are automatically considered a felony. In others, your rate of speed is taken into consideration with the other factors in your case.

Was Alcohol Involved?

Was alcohol involved in your case? Any time alcohol is involved the possibility of a felony greatly increases. If you’re driving 90 miles per hour down the highway, it’s possible that you could get away with a misdemeanor. But if you’re driving 90 miles an hour and you’re also under the influence of alcohol or drugs, then you’re in felony territory. Again, it depends on your specific situation and the state in which you’re driving, but usually when speed and alcohol are combined it’s a felony.

Were There Passengers in the Car?

Whether or not there are passengers in the car can also play a factor in whether or not you get charged with a felony. if you’re speeding down a relatively empty road, you are the only person you’re endangering. Therefore, you might get off with just a misdemeanor charge. However, any time there are passengers in your car or is it never get number of vehicles around you the chance that you’ll be convicted of or at least charged with a felony and goes up. Putting others in danger is always a more serious crime than simply putting yourself in danger.

Were You In a School Zone?

You might get away with driving 95 miles an hour on a lonely highway somewhere in the middle of nowhere. But the second you speed in a school zone, it’s very likely that you’re in felony territory. School zones are school zones even if it’s night time. They are school zones 24 hours a day. Sure, you have to be even more diligent when children are present during school hours. However, any time you speed excessively in a school zone you are essentially staring down the barrel of a felony charge.

Did You Endanger Minors?

If you were endangering minors with your actions, you could also be looking at a felony. For instance if you were speeding excessively and your children were in the car or somebody else’s children were in the car with you, that could easily be a felony. Again, any time you put somebody else in danger it’s a more serious situation as far as the legal system is concerned. Add kids into the mix and it’s an even more serious situation for you.

Do You Have Previous Convictions?

Finally, consider whether or not you have any previous convictions. If this is the first time you’ve ever done something like this and you got caught speeding in a relatively unpopulated area and just had too much fun one night, you might get away with a misdemeanor. But if you have shown a pattern of irresponsible driving behavior or speeding, then you could be looking at a felony charge.

Any time you’re facing a charge it’s important to have an attorney by your side. This is particularly true if you’re being charged with excessive speeding. It’s hard to predict how the courts will charge you, so it’s very important that you have competent legal representation. Only a traffic attorney in your state with experience in the type of case you have can adequately advocate for you in a court of law. Get a consultation today and take your first step down the road of protecting your freedom and your future.

 

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