Speeding is a common traffic offense, but in Pennsylvania, exceeding the speed limit significantly can escalate to a felony charge, carrying severe consequences. This isn't about simply going a little over the limit; felony speeding in PA involves exceptionally high speeds and often aggravating circumstances. This guide clarifies the specifics of felony speeding in Pennsylvania, addressing common questions and misconceptions.
What constitutes felony speeding in Pennsylvania?
Pennsylvania doesn't have a specific "felony speeding" statute. Instead, the severity of a speeding ticket depends on the speed, location, and any resulting harm. Extremely high speeds, particularly those significantly exceeding the posted limit (often 30 mph or more over), combined with reckless driving or causing an accident, can lead to felony charges. These charges typically fall under more general statutes like reckless endangerment or aggravated assault by vehicle.
The prosecution will need to demonstrate that the driver's actions demonstrated a conscious disregard for the safety of others. Simply going extremely fast isn't always enough; the prosecution needs to establish intent or reckless behavior.
What are the penalties for felony speeding in PA?
The penalties for felony speeding in PA aren't standardized because the underlying charges vary. Possible penalties include:
- Significant jail time: Sentences can range from several months to several years, depending on the specific charges and the circumstances of the incident.
- High fines: Expect substantial financial penalties, often exceeding several thousand dollars.
- License suspension or revocation: Your driving privileges will almost certainly be suspended or revoked for an extended period.
- Mandatory rehabilitation programs: The court might mandate participation in driver improvement programs or other rehabilitation initiatives.
- Criminal record: A felony conviction will permanently appear on your criminal record, potentially affecting future employment, housing, and other opportunities.
What if I was speeding but didn't cause an accident?
Even without an accident, extremely high speeds can still result in felony charges if the prosecution can prove reckless disregard for safety. Factors like the location (e.g., a heavily populated area) and the driver's actions (e.g., weaving in and out of traffic) will significantly impact the charges filed. The absence of an accident doesn't guarantee you'll avoid serious consequences.
Can I fight a felony speeding charge in PA?
Yes, you have the right to legal representation and to challenge the charges against you. It's crucial to engage a skilled and experienced traffic attorney immediately. They can help build a strong defense, examine the evidence (including police reports and radar readings), and negotiate with the prosecution to potentially reduce the charges or penalties.
How much over the speed limit is considered reckless driving in PA?
There isn't a specific mph threshold for reckless driving in PA. The determination is based on the totality of circumstances. Going 20 mph over the limit in a school zone is far more likely to be considered reckless than going 30 mph over the limit on a deserted highway. The prosecution will consider the speed, location, conditions (weather, traffic), and the driver's actions to determine if the conduct constitutes reckless driving.
What are the defenses against felony speeding charges?
Potential defenses against felony speeding charges might include:
- Challenging the accuracy of the speed measurement: This might involve questioning the calibration of the radar gun or the officer's procedure.
- Arguing lack of intent or reckless disregard: Demonstrating that the speeding was unintentional or not reckless requires careful legal strategy.
- Presenting evidence of mitigating circumstances: This might include evidence of an emergency or other extenuating factors.
Facing felony speeding charges in Pennsylvania requires immediate and decisive action. Seeking legal counsel is critical to understanding your rights and developing the best defense strategy. Remember, this information is for general knowledge and doesn't constitute legal advice. Always consult with a qualified legal professional for advice specific to your situation.
