Is Driving Over 100 MPH a Felony Offense?
In many cases it is, but it all depends on your state's speeding laws.
NOLO Driving Law Assistance
Enter the zip code where the incident took place to connect with a lawyer serving that area.
Driving over 100 mph may, under some circumstances, be a felony offense -- a crime punishable by fine or a year or more in jail. The categorization -- whether misdemeanor or felony -- depends on your state's speeding law, whether this is your first, second, or third high-speed offense, whether you had passengers, whether there was an accident, whether you were driving recklessly (other than excessive speeding), and where the speeding occurred. The more factors that stack up against you, the stiffer the fine and more likely of the felony categorization.
Speeding & Penalties
Again, state speeding laws vary, but if you were clocked exceeding 100 mph, some common penalties are:
- a fine, often exceeding $500
- some jail time
- points on a license (usually ranging from two (2) to four (4) depending on jurisdiction
- mandatory driver's education
Of course, as with all infractions, if you are a repeat offender the higher the chances of a stiffer sentence and the more possibility your charge will be increased to a felony offense. Also, with repeat offenders a judge will be less likely to agree to any type of reduced sentence. In addition, there is a hidden expense -- the higher cost of insurance once your insurance company learns that you have been convicted of excessive speeding.
Some states may treat excessive speeding as a separate offense -- reckless driving. Reckless driving depends on road conditions, the perceptions of the officer at the time of your citation, if you had a passenger, and any other factors that were involved at the time of your citation. A reckless driving charge is usually in addition to your citation for speeding. Points and determination of misdemeanor or felony will vary depending on jurisdiction.
Speeding Laws by State
Find your state below to get in-depth information on speeding laws.
Getting Legal Help
If you have received a citation for driving over 100 MPH and would like to fight your ticket, it is important to obtain a qualified attorney. An attorney will help provide you with the best defense possible and determine if there was actually probable cause to issue the citation.