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Is going over 100 mph a felony in Texas?

No. Driving over 100 mph in Texas is not, by itself, a felony. It is typically charged as a speeding offense—a fine-only Class C misdemeanor. However, depending on how and where you’re driving, a 100+ mph stop can trigger additional charges (like reckless driving, street racing, DWI, or evading police) that can elevate the case to a jailable misdemeanor or, in some circumstances, a felony.

What Texas law actually says about speeding

Texas does not have a specific “100 mph” felony statute. Speeding violations are governed by the Transportation Code (primarily §§545.351–545.365) and are generally Class C misdemeanors punishable by a fine (court costs and state fees can add substantially). There’s no statewide “super speeder” law, and Texas abolished its point/surcharge system in 2019, though convictions still affect insurance and your driving record.

By default, going 100+ mph is treated as speeding unless the officer or prosecutor alleges more—such as reckless driving (§545.401), racing on a highway (§545.420), or offenses under the Penal Code (e.g., DWI, evading arrest, or crash-related felonies).

When 100+ mph can lead to arrest or more serious charges

While simple speeding is fine-only, driving at 100+ mph often draws closer scrutiny. Officers and prosecutors can add or substitute more serious charges depending on circumstances, driving behavior, and outcomes (like crashes or injuries).

  • Reckless driving: A misdemeanor under Transportation Code §545.401, punishable by up to 30 days in county jail and/or a fine (not typically classified under the Penal Code’s A/B/C scheme). Speed alone doesn’t automatically equal “reckless,” but extreme speed combined with weaving, heavy traffic, poor weather, close following, or other dangerous maneuvers can support a reckless charge.
  • Racing/exhibition of speed: Transportation Code §545.420 makes racing a crime even without a crash. It’s usually a misdemeanor, but it can become a felony if it causes serious bodily injury (third-degree) or death (second-degree), or in certain repeat-offender scenarios.
  • Evading arrest in a vehicle: Penal Code §38.04 makes fleeing from police in a motor vehicle a felony (generally a state jail felony or higher depending on circumstances).
  • DWI at high speed: Driving while intoxicated (Penal Code §49.04) is at least a Class B misdemeanor; aggravating factors can increase penalties. If intoxication and high speed lead to serious injury or death, charges can escalate to intoxication assault (third-degree) or intoxication manslaughter (second-degree).
  • Serious crash outcomes: High-speed crashes that cause serious injury or death can lead to felony charges such as aggravated assault or manslaughter, depending on the facts and alleged mental state.

In short, 100+ mph itself isn’t a felony, but it increases the likelihood that prosecutors could add charges that carry jail or prison time, especially if there’s racing, intoxication, flight from police, or injury.

What penalties you can expect for a 100+ mph stop

Most drivers cited for 100+ mph face a standard speeding case, though many courts require an in-person appearance at that speed. Outcomes vary by county and judge, and by your record.

  • Fines and fees: Speeding is a fine-only offense; total costs frequently reach several hundred dollars once court costs and state fees are added. Fines can be higher in construction zones with workers present or in school zones.
  • Court requirements: Some jurisdictions mandate a personal appearance for 100+ mph. Judges may consider defensive driving, deferred disposition, or probation-like conditions.
  • License and record: Texas no longer uses points/surcharges, but a conviction remains on your record. Repeated moving violations can trigger a DPS suspension (for example, multiple convictions within 12–24 months). A judge has limited authority to suspend in certain cases; street racing convictions can lead to mandatory suspension.
  • Insurance impact: Insurers often treat 100+ mph as high risk, which can significantly raise premiums or prompt nonrenewal.
  • Custodial arrest risk: For plain speeding, officers typically issue a citation. Arrest becomes more likely if you refuse to sign a promise to appear, if the officer alleges reckless driving, racing, DWI, or if there are warrants or other offenses.

Practically, expect a serious ticket and a strong recommendation to address the case proactively—especially at triple-digit speeds—because local policies can be strict even without felony exposure.

Practical steps if you’re cited for 100+ mph

Handling the case promptly can protect your record and limit downstream costs. Policies differ by county, so local legal guidance helps.

  • Check your citation for a court date and appearance requirement; missing a date can add new charges or a warrant.
  • Consult a Texas traffic or criminal defense attorney, especially if there’s any risk of reckless, racing, DWI, or crash-related allegations.
  • Ask about options like deferred disposition or defensive driving (availability can be limited at very high speeds or with prior violations).
  • Keep proof of insurance and registration current; bring documentation to court if requested.
  • Drive cautiously afterward; multiple recent moving violations can trigger DPS action and further insurance hikes.

These steps won’t change the facts of the stop, but they can meaningfully influence the outcome and your long-term driving record.

Bottom line

Going over 100 mph in Texas is not automatically a felony. It is usually a fine-only speeding offense. But if it’s paired with reckless conduct, street racing, DWI, evading, or a serious crash, prosecutors can file jailable misdemeanors or felonies. Treat a triple-digit citation seriously and consider legal counsel, especially where local courts impose strict policies.

Summary

Over 100 mph in Texas is generally a Class C misdemeanor speeding ticket, not a felony. It can escalate to a felony only when combined with other conduct—most commonly racing that causes serious injury or death, evading in a vehicle, or intoxication-related crashes. Expect significant fines, possible mandatory court, insurance consequences, and—if prosecutors allege more than simple speeding—potential jail exposure.

What is a super speeder ticket in Texas?

Does Texas have a super speeder ticket? Yes, Texas drivers who greatly exceed the speed limit can be cited with the offense Unsafe Speed in addition to their Speeding ticket. These motorists may also be arrested and charged with Reckless Driving, a misdemeanor with a maximum 30 day jail sentence.

What is felony speeding in the USA?

Serious Injury or Property Damage: Speeding that results in an accident causing significant injury or property damage might be considered a felony. In such cases, community service may also be imposed as a penalty.

What speed limit is a felony in Texas?

In Texas, there is no specific threshold of how much over the speed limit automatically constitutes a felony; instead, a speeding offense can escalate to a felony if it involves serious injury or property damage, or is accompanied by other reckless behaviors like evading a police officer or DWI. While a simple speeding ticket is typically a misdemeanor, the severity of the consequences can increase significantly when it causes a dangerous outcome. 
Factors that can elevate speeding to a felony offense:

  • Causing Serious Injury or Property Damage: Opens in new tabIf a speeding violation results in an accident that causes significant personal injury or substantial property damage, it may be charged as a felony, such as intoxication assault or DWI manslaughter. 
  • Reckless Driving: Opens in new tabExcessive speeding can be considered reckless driving, which is a misdemeanor, but if combined with other dangerous acts, it can lead to felony charges. 
  • Evading Arrest: Opens in new tabSpeeding to evade a police officer is also an offense that can result in felony charges. 
  • Driving While Intoxicated (DWI): Opens in new tabIf a person is speeding while also intoxicated, the offense can become a felony. 

Consequences for a felony conviction:

  • A felony is a serious crime punishable by more than one year in a state or federal prison. 
  • Felony offenses carry severe financial penalties, including fines, and can significantly impact a person’s life, leading to a loss of rights and limitations on future employment opportunities. 

If you are facing a speeding violation in Texas that could be charged as a felony, it is crucial to consult with an attorney to understand the specific charges and explore your legal options.

How much is an overspeeding ticket in Texas?

Speeding Over Posted Speed Limit Fines

Violation Fine
Speeding in school zone (regardless of speed) $359.00
01 to 10 mph over posted speed limit $190.00
11 to 15 mph over posted speed limit $215.00
16 to 20 mph over posted speed limit $240.00

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