Can You Go To Prison Because Of Overspeeding?
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Overspeeding is against the laws of the United States of America. However, unlike other crimes like murder, robbery, or theft, you won’t go to prison. Standard speeding violations are infractions or civil offenses which aren’t, in most cases, considered crimes and won’t land you in jail.
Yes, law enforcement officers will stop you, but how they handle the situation will depend on various factors, including the state you are driving in, where you are going, and detailed case facts.
It is also important to note that the definition of the term overspeeding will vary. For instance, a driver only overspeeding when they go beyond the speed limit imposed in that region.
The common scenario for when pulled over is that you will get a speeding ticket. Then depending on your driving record and the county you are pulled over in, you may not avoid court by only attending a traffic safety school or paying a fine.
The most common outcomes to speeding tickets are fines and assessment of demerit points on the violator’s driver’s license. However, in some cases (very few), this may result in arrest and possible criminal charges.
In some states, the fines vary depending on the amount by which you exceed the speed limit. For instance, a fine in a state may be $40 plus $4 for every mph over the limit. Other states have their fines set for different ranges. For example, in Maryland, exceeding the speed limit by anything between one to nine mph attracts an $80 fine while that of between ten to nineteen miles per hour is $90, and so forth.
The demerit points also vary. For example, getting past the speed limit by 15 miles per hour earns you three points, while if you do it by 15 miles, you get four points. You could get your driver’s license withdrawn if you surpass the set limit within a certain period. You can also pay fines and other penalties and have the state revoke your license for this.
In very few states like Arkansas and Nevada, speeding and other violations are misdemeanors. Therefore, theoretically, you may serve a short jail term for your offenses. But under most circumstances, no judge will send you to prison because of a speeding ticket.
When Does Speeding Result in an Arrest?
Even if it is the first offense, you can be arrested and sent to jail for speeding in some states. The jail term for such may vary from 1 to 90 days. However, law enforcement officers seldom exercise this power on first-time offenders.
Most states issue tickets to offenders who exceed the speed limit by only 10 miles per hour. However, surpassing the limit by 100 miles per hour will certainly get you arrested and sent to jail in most states. In some areas, the police will arrest you even if you over speed by a mere 1 mile per hour.
Other Instances When Speeding May Result in Arrest
Besides exceeding the set speed limit, you could get yourself in prison for the following related offenses.
Speeding in Specific Areas
You risk getting arrested if you are caught speeding in specific areas such as a military base, near a school, or in a construction zone. You may also be in bigger trouble as a repeat offender or when you have another offense like driving without a valid driver’s license or as a DUI.
Reckless Driving
It is important to note that speeding does not necessarily translate to reckless driving, driving with disregard for the safety of other people and property. However, speeding at exceedingly high speed translates to reckless driving. For such, you may serve a minimum of 24 hours or a maximum of 2 years in jail.
Getting Aggressive with The Traffic Officer
Whether you are guilty or not (and regardless of your opinion about the incident), never get aggressive with an officer of the law. If caught, stay calm, polite and ask the responsible traffic officer for clarification on things you do not understand.
Some officers may assume nothing about your aggression, threats, or violence, but some will take offense and charge you on other counts.
Excessive or Aggravated Speeding
Most speeding arrests result from excessive or aggravated speeding. A good example of such is in Illinois, where the lawmakers have, on several occasions, inflated the penalties for drivers charged with driving too fast. Here, there are higher charges for driving over the speed limit, the more pronounced penalties you could face.
You will face a Class B Misdemeanor if charged with speeding 26 to 34 mph over the speed limit in Illinois. A Class B Misdemeanor bears a punishment of a $1,500 fine and up to 180 days’ imprisonment in Illinois County Jail. Going 34 mph beyond the stipulated speed limit gets to a Class A Misdemeanor. Here you stand to spend up to 364 days in the county jail and pay a maximum of $2,500 in fine.
Another possible consequence of excessive or aggravated speeding in Illinois is that the convictions remain on your driving abstract for more than seven years – the abstract is a personal driving record. Such bad records could lead to inflated insurance premiums or, at times, difficulty in acquiring auto insurance as it appears in your background search results.
In Texas, the case is a bit strict. You can get arrested even for the tiniest traffic violation that does not warrant jail terms. Texas has relatively higher speed limits that turn to more severe consequences when caught than the rest of the country.
What Happens When You Receive a Citation for Speeding?
As said earlier, the common happening here is that the officer will give you a citation, speeding ticket and ask you to sign a copy of the same. Appending your signature on this ticket does not mean that you are pleading guilty to the offense. It rather means that you are committing to appearing for court sessions or paying fines.
It would be best to double-check the information written on the ticket and only sign if they are correct. You also have a right to ask the officer for clarification about the parts you do not understand.
There are two options when signing the ticket, denying the charges or pleading guilty. You can always sign the ticket when you know that you were speeding and do not want to waste time on court proceedings. Depending on the state, you can either choose to pay online or at the local courthouse. And you may also incur an additional fee depending on the state.
On the other hand, you can always escalate the matter to court if you are certain of your innocence. Again, by signing this ticket, you are only promising to show up for court proceedings. It may not be necessary to get a trial lawyer, especially when the case is weak. But you may need one to help you reduce or dismiss your speeding ticket. Some states allow speeding offenders to attend traffic schools and take courses to help remove their tickets from records.
What If You Fail to Honor a Court Session When You Have a Traffic Offender’s Ticket?
Failure to show up in court for a ticket is often a graver offense than the traffic ticket itself. It is a crime, usually a misdemeanor. If possible, ensure you pay for your ticket before that deadline. If you pay nor show up, you will have broken the promise you made by signing the ticket.
Showing up late is also as bad as failure to appear, but the judge may choose to hear your case if you arrive when the court is still in session. Depending on the judge and your state laws, failure to show up for court sessions may have various penalties and, in some cases, additional charges.
The first possible scenario is the judge issuing a bench warrant. The police won’t go looking for you (but they could). However, they may take you into custody if they flag you down for a different offense and discover a bench warrant.
Secondly, the court may hold the offender in contempt. This means that you did not obey the court order, leading to a misdemeanor.
The third possible consequence is that the court may notify DMV if you do not take care of your traffic ticket. This, in turn, may lead to the state suspending your driver’s license and compel you to pay a reinstatement fee before you get it back.
The worst that could happen is you have to spend some time in jail for this. If you get arrested on a bench warrant, the officers may have to lock you up until your hearing. The judge may also slap you with a jail term for contempt of court charge of failure to appear in court.
It is always wise to call the court clerk and request a reschedule if you cannot make it for your court date. Your lawyer can also arrange for a Plea in Absentia or honor your hearing and have your case postponed to a later date.
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