Can I Be Arrested if I Am Pulled Over for Speeding in Texas?

 Posted on May 10, 2021 in Criminal Defense

If you drive a vehicle, chances are you have driven over the speed limit at some point in time. Speed limits have long been the nemesis of speed demons throughout the country. Unlike Germany, which has the Autobahn, the world’s most famous speed-limitless highway, nearly every single road in the United States has a set speed limit designed to protect drivers from the dangers that speeding can bring. According to information from the Texas Crash Records Information System, there were more than 40,600 traffic accidents involving a speeding driver since January 2020. Of those accidents, more than a third (33 percent) involved at least one injury. Because speed has such an effect on the severity of a crash, speed limits are taken seriously in Texas.

Texas Speeding Laws

Many states have what is known as an “absolute speeding” law. This means that a person can be ticketed for speeding if they are driving at all above the posted speed limit. In Texas, there is no absolute speeding law, but rather a “presumed” or prima facie speeding law. This means that even though there are posted speed limits, there may be situations in which speeding over that limit could be considered legal. For example, driving 75 mph on a highway that has a posted speed limit of 70 mph on a day with clear weather conditions may be considered legal. The presumed speed limit law gives drivers more leeway than an absolute speeding law, however, it leaves much of the discretion up to the officer who pulls you over. In short, no - you cannot be arrested for speeding.

Potential for More Serious Charges

However, if the officer believes you were driving unsafely or endangering others, they can choose to charge you with a more serious crime, such as reckless driving. Reckless driving is also a law that can be open to interpretation by the officer. Under Texas law, reckless driving occurs when a person operates a vehicle in a manner that willfully disregards the safety of other people on the road. Reckless driving is a misdemeanor in Texas, with potential penalties of up to $200 in fines and up to 30 days in jail.

Contact a Karnes City, TX Traffic Violation Defense Attorney Today

If you have been pulled over and ticketed for speeding, you should speak with a skilled Karnes County traffic violation defense lawyer. The team at BRCK Criminal Defense Attorneys has helped clients with various traffic violations successfully fight their traffic tickets. If you are trying to avoid a ticket on your driving record, do not simply just pay the fine - get in touch with one of our attorneys. To schedule a free consultation, call our office today at 830-769-1010.

Sources:

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.401

https://cris.dot.state.tx.us/public/Query/app/public/query/results