Felony speeding is a severe and dangerous crime in Oklahoma. Speeding is generally classified as a traffic violation and is typically a misdemeanor. However, in certain circumstances, speeding can escalate to a felony offense, carrying much harsher penalties. Understanding what constitutes felony speeding in Tulsa, and the potential legal consequences, is important for all drivers.
Definition and Circumstances of Felony Speeding
In Tulsa, Oklahoma, speeding alone is usually not classified as a felony. However, certain aggravating factors can elevate a speeding offense to a felony. Common scenarios include:
- Reckless Driving: Speeding in a manner that demonstrates a willful disregard for the safety of persons or property. This can include excessive speeds in residential areas, school zones, or construction zones where the risk of harm is significantly higher.
- Endangerment: Driving at excessive speeds that endanger the lives of others. For example, racing on public streets can be considered felony speeding if it puts other drivers, passengers, or pedestrians at risk.
- Injury or Death: If speeding results in an accident that causes serious bodily injury or death, it can become a felony. This is often referred to as vehicular manslaughter or vehicular homicide.
- Fleeing Law Enforcement: Attempting to evade law enforcement officers by speeding can lead to elevated charges. Eluding or attempting to elude a police officer by increasing speed endangers the public and is a serious offense.
- Prior Convictions: Repeat offenders with a history of serious traffic violations may face felony charges if speeding under dangerous circumstances.
These factors typically involve situations where speeding poses a significant risk to public safety or results in severe harm.
Legal Penalties For Aggravated Speeding
The penalties for felony speeding in Tulsa are severe and can include:
- Imprisonment: Felony speeding can result in significant jail or prison time. Depending on the severity of the offense, sentences can range from several months to many years.
- Fines: Felony convictions typically involve substantial fines, often ranging from thousands to tens of thousands of dollars.
- License Revocation: A felony speeding conviction can lead to the revocation of the driver’s license for an extended period. The driver may also be required to undergo extensive driving courses and reapply for their license.
- Probation: In addition to or in lieu of imprisonment, offenders may be placed on probation with strict conditions, including regular check-ins with a probation officer, adherence to curfews, and abstention from driving.
- Community Service: Courts often impose community service hours as part of the sentence for felony speeding, especially if the offense did not result in serious injury or death.
While these punishments can seem severe, they reflect the danger that you put not only yourself in, but anyone on the road around you.
Legal Defenses Against Felony Speeding Charges
If you’re facing these charges, you’re going to need a strong defense. Potential defense options include:
- Challenging the Evidence: Questioning the accuracy of the speed measurement and the methods used by law enforcement to determine the speed. This can involve scrutinizing radar gun readings, calibration records, and officer testimony.
- Necessity Defense: Arguing that the speeding was necessary to avoid a greater harm, such as escaping an imminent threat or emergency situation.
- Lack of Intent: Demonstrating that there was no intent to drive recklessly or endanger others. This defense can be challenging but may be applicable in certain cases where the speeding was unintentional.
- Mistaken Identity: Providing evidence that the accused was not the person driving the vehicle at the time of the offense. This can involve alibi witnesses, surveillance footage, or other forms of evidence.
- Improper Procedure: Arguing that law enforcement officers failed to follow proper procedures during the traffic stop or arrest. This can include violations of constitutional rights, such as illegal search and seizure or lack of probable cause.
When facing charges, your most important step is to hire an attorney, as they’ll be able to craft your best defense.
Tulsa Traffic Ticket Lawyers
Felony speeding in Tulsa, Oklahoma, involves driving at excessive speeds under circumstances that pose a significant risk to public safety or result in serious harm. The penalties for such offenses are severe, including imprisonment, fines, license revocation, probation, and community service. If you’re facing charges, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.