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Can You Go to Jail for Speeding?

Speeding in Texas is a traffic violation that can result in a monetary fine, license suspension, license revocation and even license cancellation – but not incarceration. Nevertheless, you could still find yourself in jail as a result of committing the offense.

How can that be? Under the Texas Transportation Code, a police officer who stops you for speeding does not arrest you but instead requires you to sign a written promise to appear in court on a designated date. If you refuse to sign, the officer can then arrest you. You could also find yourself in jail if you fail to appear in court — a misdemeanor for which a warrant will be issued for your arrest.

Speeding can also land you in jail is if it rises to the level of reckless driving. A person commits reckless driving by showing willful or wanton disregard (defined as deliberate, conscious indifference) for the safety of persons or property. In Texas, reckless driving is a misdemeanor and carries a maximum of $200 and/or up to 30 days in jail.

In addition, if your speeding violation leads to the death of another person, you may be charged with vehicular manslaughter, a second-degree felony carrying a sentence of two to 20 years in prison and up to $10,000 in fines, or criminally negligent homicide, which carries a state jail term of six months to two years and up to $10,000 in fines.

Fines and costs in Texas for speeding alone usually fall between $130 and $300, depending on the number of miles over the speed limit that you were driving.

To learn more about the legal consequences of speeding in Texas, consult with an experienced defense attorney at The Law Firm of Richard L. Ellison P.C. Call us at 844-337-5819 or contact us online to arrange a free consultation.