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newbikerider
03-29-2007, 03:15 PM
would someone be able to define at what point speeding is a felony? and when it's just a ticket?

i dont' mean failure to stop or anything... just pure speed.

if you're going 80, it's a ticket... no biggy..we all know that.

100, ticket... maybe reckless driving... still no felony, right?

when do i get into felony territory?

thanks

}Dragon{
03-29-2007, 04:12 PM
Originally posted by newbikerider
would someone be able to define at what point speeding is a felony?

769.5 mph








:p (that's at sea level).

motorman4life
03-29-2007, 04:54 PM
Off the top of my head, there are no felony speed sections. It is an infraction up until it becomes reckless or causes injury to another person. Even speed over 100 mph is an infraction.

As long as there are no drugs or alcohol involved, that is.

The only speed-related misdemeanor I could find was a misdemeanor section for commercial vehicles at 15+ above the posted limit.

There are very few felonies in the CVC. Those that are there generally relate to causing serious injury or death or... fraud.

Here is a simple index of the CVC for reference:
http://www.lmu.edu/publicsafety/VehicleCode/CaliforniaVehicleCode.html

You can see for yourself. The speed sections are 22348-22407 and the reckless sections are 23103-23109.

Lighting up your tires from a stop... a burn-out is 23109(c) CVC, a misdemeanor. Driving at 100+ is 22348(b) CVC, an infraction... go figure! :confused

L-2
03-29-2007, 09:21 PM
Originally posted by newbikerider
would someone be able to define at what point speeding is a felony? and when it's just a ticket?
i dont' mean failure to stop or anything... just pure speed.
if you're going 80, it's a ticket... no biggy..we all know that.
100, ticket... maybe reckless driving... still no felony, right?
when do i get into felony territory?

thanks
So, if it's an infraction or misdemeanor, you'll be OK with doing the crime, as long as it's not a felony?

Something starting out as an infraction can become a felony really quickly. See PC 192(c), vehicular manslaughter, and the police will likely skip the speeding ticket part of charging the crime and go immediately to arrest. This can happen with misdemeanors, too.

I'm not sure we answered your questions. Perhaps you'll need to rephrase them.

EQPlayer
03-30-2007, 01:56 PM
Don't speed. That way it doesn't matter if it's an infraction, misdemeanor, or felony.

Gee, that was just too easy.

Junkie
03-30-2007, 02:33 PM
Originally posted by motorman4life
Off the top of my head, there are no felony speed sections. It is an infraction up until it becomes reckless or causes injury to another person. Even speed over 100 mph is an infraction.

As long as there are no drugs or alcohol involved, that is.

The only speed-related misdemeanor I could find was a misdemeanor section for commercial vehicles at 15+ above the posted limit.

There are very few felonies in the CVC. Those that are there generally relate to causing serious injury or death or... fraud.

Here is a simple index of the CVC for reference:
http://www.lmu.edu/publicsafety/VehicleCode/CaliforniaVehicleCode.html

You can see for yourself. The speed sections are 22348-22407 and the reckless sections are 23103-23109.

Lighting up your tires from a stop... a burn-out is 23109(c) CVC, a misdemeanor. Driving at 100+ is 22348(b) CVC, an infraction... go figure! :confused wha if i do a burnout and then start at a normal speed (ie if i light them up at the stoplight, but don't launch hard or anything) that's a speed contest/exhibition of speed?

edit for clarification: say, on a bike, I'm sitting at a stoplight and decide to light up the rear tire but am hard on the front brake and the bike doesn't move at all. I then get off the throttle and let the rear wheel stop spinning, and then ride away normally when the light turns green.

Junkie
03-30-2007, 02:36 PM
Originally posted by L-2
So, if it's an infraction or misdemeanor, you'll be OK with doing the crime, as long as it's not a felony?

Something starting out as an infraction can become a felony really quickly. See PC 192(c), vehicular manslaughter, and the police will likely skip the speeding ticket part of charging the crime and go immediately to arrest. This can happen with misdemeanors, too.

I'm not sure we answered your questions. Perhaps you'll need to rephrase them. felonies have MUCH longer lasting effects than misdemeanors or infractions - and you can't own a gun if you're a convicted felon.

motorman4life
03-30-2007, 05:02 PM
Originally posted by Junkie
wha if i do a burnout and then start at a normal speed (ie if i light them up at the stoplight, but don't launch hard or anything) that's a speed contest/exhibition of speed?

edit for clarification: say, on a bike, I'm sitting at a stoplight and decide to light up the rear tire but am hard on the front brake and the bike doesn't move at all. I then get off the throttle and let the rear wheel stop spinning, and then ride away normally when the light turns green.
It would be up to the officer that observed it or the citizen that chose to place you under citizen's arrest. Yes, both of these instances could be prosecuted as a misdemeanor for exhibition under the CVC, as mentioned previously.

Junkie
03-30-2007, 05:50 PM
Originally posted by motorman4life
It would be up to the officer that observed it or the citizen that chose to place you under citizen's arrest. Yes, both of these instances could be prosecuted as a misdemeanor for exhibition under the CVC, as mentioned previously. i just find it amusing that you can be prosecuted for exhibition of speed without moving i guess

antarius
03-30-2007, 09:39 PM
It is kind of funny, but I'll say what I say to everyone else; If you don't like a particular law, or the way in which laws are written... quit electing people who write them!