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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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Can You be Arrested for Speeding in Texas?

Jan 05, 2023

Can You be Arrested for Speeding in Texas?

Driving over the speed limit is a common offense for many motorists, but what are the consequences if you are caught speeding in Texas? Depending on the severity of your infraction, you could be subjected to costly fines, demerit points on your license, and even jail time. Let’s take a closer look at why it’s important to obey the speed limit when driving in Texas and how a car accident attorney can assist you.

Texas Driving Law and Penalties

In Texas, drivers may not automatically be in violation of the law for driving slightly over the speed limit. Its "presumed" or prima facie speed limits is an exception to other states' "absolute" approach that tickets any driver exceeding the posted limits.


In other words, Texas law gives an allowance for drivers to exceed the posted speed limit, so long as they are driving at a safe and reasonable rate. However, if you exceed an established maximum speed by more than 10% or 15 mph (whichever is greater), you could be ticketed and penalized under Texas’s speeding laws.


However, keep in mind that the speed limit is still enforced, and even if you are driving within the 10% or 15 mph allowance, there may be instances when an officer pulls you over and issues a citation. Depending on how far over the speed limit you were traveling, you may be subject to a traffic ticket or even a misdemeanor charge.


Texas speeding laws are designed to keep everyone safe on the roads. The speed limit for most areas in Texas is between 65 and 75 miles per hour, although there are certain exceptions where the posted speed limit may be higher or lower. If you exceed the posted speed limit by 10 miles per hour or more, you can expect a ticket from law enforcement.

Determining the Severity of Your Infraction

The penalties for speeding in Texas depend on how fast you were going and what type of area you were driving in. Generally speaking, if you are caught speeding more than 10% but less than 15 mph over the speed limit, you can be fined up to $200. If you are caught speeding more than 15 mph over the limit, you could be charged with a misdemeanor and be subject to fines of up to $500 or even jail time.


In Texas, traffic violations are classified as either misdemeanor or felony offenses. A Class C Misdemeanor is the least severe form of violation and carries a penalty of up to a $500 fine; this covers most minor infractions like parking violations and low-level speeding tickets (1-5 mph over the posted speed limit).


However, if you exceed that 5 mph threshold by any amount—regardless of how small—your violation will be bumped up to a Class B Misdemeanor with penalties including fines from $100 - $2,000 and up to 180 days in jail. For more serious offenses such as going more than 25 mph over the speed limit or evading arrest altogether, you may face felony charges with penalties ranging from lengthy jail sentences to thousands of dollars in fines.


In addition, if you are caught reckless driving or speeding in a school zone or construction zone, the fines can be substantially higher. Additionally, you may also have points added to your license depending on the severity of your offense.


You might be interested: The Dangers of Texting While Driving in Texas

How Much is a Speeding Ticket in Texas?

Basic speeding law violations in Texas typically range from $200 - $500. However, this is just an estimate—the actual cost of a speeding ticket in Texas can be higher or lower depending on the specific circumstances of your infraction and whether you have any existing violations on your record.


Additionally, if you decide to contest your ticket in court, there will be an additional court costs involved. Additionally, you can expect to pay a fine even if you are found not guilty in court.

Penalties for speeding and other moving violations in Texas can vary depending on the severity of the offense, so it’s important to consult with a lawyer before attempting to contest your ticket or plead guilty.


In conclusion, it’s important to always drive within the speed limit and obey all traffic laws in Texas. Speeding tickets can be expensive and can also result in points being added to your license or worse, a misdemeanor charge. If you are pulled over for speeding, remember that you have the right to contest the ticket in court and that the fines may be higher or lower than the estimated amount. Consulting with an experienced attorney is your best bet for understanding your rights and the potential consequences of a speeding violation in Texas.

Demerit Points on Your License

Speeding tickets also carry demerit points which can affect your license status and insurance premiums for up to three years following your citation.


  • First-time offenders will typically receive two points on their license for every mile per hour they were traveling above the posted speed limit. 


  • Once six or more points have accumulated on an individual’s record within three years, they may be subject to license suspension depending on their age and experience level as well as additional fees associated with reinstating their license.

Traffic School & Defensive Driving Courses

In some cases, drivers may be able to reduce their ticket fines or lessen the number of demerit points assigned by completing an approved defensive driving course or traffic school program. These courses typically cost between $25 - $50 and can be completed online in less than 6 hours; upon completion you will receive proof which must then be presented to your court clerk for consideration for dismissal or reduction of your ticket penalties. It is important to note that these courses do not entirely erase citations from one's record; those who wish to have a citation removed from their records must petition the court directly for expunction.

How can a Car Accident Lawyer can help you?

The consequences for violating traffic laws vary greatly depending on various circumstances; however, it is safe to say that disregarding speed limits in Texas can result in hefty fines and long-term damage to one’s driving record. Although some offenses may allow you an opportunity at reducing your ticket penalties through defensive driving courses or other means, it is best practice—for safety purposes alone—to always adhere strictly to all posted speed limits while driving throughout Texas. Doing so will protect both yourself and others around you from potential harm and help ensure that everyone arrives safely at his/her destination!


At the
Law Office of Rolando Cantu, we understand the stress and anxiety that can come with receiving a traffic ticket in Texas. Our experienced car accident attorney knows the ins and outs of the justice system and will do everything we can to help reduce or completely dismiss your fines or demerit points. Don’t hesitate to reach out for a free consultation today if you find yourself facing any type of traffic violation in the great state of Texas. We’re here to help – call us today!

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