Can I Go to Jail for Speeding in California?

Speeding is one of the most common traffic violations in California, but many drivers are surprised to learn that it can sometimes lead to criminal charges and even jail time. While most speeding tickets are only simple infractions, certain behaviors or circumstances could escalate the case into a misdemeanor or worse. Understanding California’s traffic laws can help you protect yourself and your driving privileges. Continue reading and consult with an experienced Shasta & Tehama County traffic violation lawyer today.

How is Speeding Generally Charged?

Most speeding violations are infractions in California. CA Vehicle Code § 22349 and 22350 outline the state’s laws regarding speeding. They state that no person may drive at a speed greater than 55 miles per hour unless the specific area has a posted higher speed limit, and no person shall drive at a speed greater than is reasonable or prudent based on the weather, visibility, traffic conditions, etc. Infractions are penalized by fines only or could include mandatory community service. However, there is no jail time associated with this type of offense.

Can I Go to Jail for Speeding in CA?

Although rare, it is possible for speeding to result in jail time in California. A simple speeding ticket will not result in a term of imprisonment, but when aggravating circumstances are present, it could be enhanced to a charge that results in jail time.

For example, reckless driving is a violation of the law that can cause the offender to be sentenced to a term of imprisonment. Reckless driving is defined as:

• Driving a vehicle upon a highway in willful or wanton disregard for the safety of persons or property, or
• Driving a vehicle in an off-street parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property

Depending on the speed you are driving and whether your actions constitute a disregard for the safety of others or property, speeding could result in reckless driving charges.

Another type of offense related to speeding that can lead to jail time is street racing or drag racing. Under California Vehicle Code § 23109, “A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.”

The law also states that it is illegal to engage in a motor vehicle exhibition of speed on a highway or in an off-street parking facility.

Either of these charges can result in up to 90 days in jail, although your sentence can be extended to 6 months if bodily injury was caused or other circumstances apply. To learn more and secure the help of a skilled attorney, reach out to Cohen Criminal Law today.