Texas speeding laws.?

Question

I know that anything over 100mph is considered reckless driving. I was also told by a friend that anything over 105 is attempted manslaughter, and that's a felony with a minimum of 2 years in jail. That seems a bit excessive to me for speeding, so I didn't believe him. Is there any truth to this? I know in Texas you can "technically" speed if you are being safe, (Prima Faci) but to what degree?

? · Accepted Answer

You are correct that the posted speed limit is prima facia evidence that your speed is not reasonable and prudent.

Texas law states you can not drive faster than what is reasonable and prudent. The posted speed limit is what they consider reasonable and prudent nad thus unlawful. 
http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm#545.352

The law does not say anything over 100 is reckless driving. Your driving is reckless if you drive the "vehicle in wilful or wanton disregard for the safety of persons or property". If you are on the interstate and the speed limit is 75, the 100 is not reckless in my opinion. 100 in a school zone is. So it depends on other circumstances.
http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm#545.401

Driving 105 is not attempted manslaughter. I don't believe anyone can be charged with attempted manslaughter. It is possible, but VERY unlikely. Manslaughter is killing someone while you are reckless. For attempt you must intend to do "an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended". Since you did not intend to commit manslaughter, you did not attempt it.
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.15.htm#15.01

Reckless means "with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur".
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.6.htm#6.03
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm#19.04

Basically, you knew better but did it anyway. Driving 100 in a school zone would be reckless, and if you kill someone then it would be manslaughter. Accidentally running a stop sign and killing someone would be criminal negligent homicide.

Who determines what is reckless and what is negligent? The grand jury. In Texas, all felonies go before a grand jury. The grand jury and the grand jury alone decide if charges are pursued. 
http://www.statutes.legis.state.tx.us/Docs/CN/htm/CN.1.htm#1.10

So legally a police officer can ticket you for one mile an hour over, but the municipal judge or JP will dismiss it. I believe any jury will find you not guilty (you have a right to a jury trial for all criminal offenses in Texas, including class c traffic).

Anonymous · Answer

Texas Speeding Law

Kris · Answer

going one mile over the speed limit IS speeding.
I saw a police officer ticket someone going 56 on a 55.

Anonymous · Answer

like the others pronounced there is not any regulation like that. My suggestion is to purchase an audio recording device. make useful that's continuously waiting to bypass. yet have not got it able which will make the police officer think of you're fishing for something. possibly interior the door someplace so which you would be able to activate it until eventually now rolling down the window. yet now maximum cellular telephones can checklist audio. without giving to many info a peace officer became prosecuted because of the fact he stored forcing himself on a woman he although he might have intercourse with. She had sufficient snap to dial 911 on her cellular telephone without the officers information. Audio or video evidence might nicely be your maximum suitable chum or worst enemy.

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Texas speeding laws.?

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