Last Updated on July 21, 2025 by Beltz Law Group
Speeding in Texas: When is it a “Moving Violation” and What Does 542.304 Mean for You?
Speeding Ticket Defense Attorney
For many drivers in Texas, a common concern after receiving a speeding ticket is whether it will be classified as a “moving violation” and what that truly means for their driving record, insurance rates, and even their freedom. The answer, particularly for those caught driving just a few miles over the limit, often lies in understanding the nuances of the Texas Transportation Code, specifically Section 542.304: Moving Violations for Certain Purposes.
Understanding Moving Violations in Texas
Generally, a “moving violation” refers to any traffic offense committed by a driver while the vehicle is in motion. These violations typically indicate that the driver operated the vehicle unsafely or illegally, and they can lead to points on a driving record, increased insurance premiums, and in some cases, surcharges or even license suspension.
However, the State of Texas, through its Department of Public Safety (DPS), has specific rules for what constitutes a “moving violation” for certain purposes, as outlined in Transportation Code Sec. 542.304. This distinction is vital because it can impact various aspects of your life, such as driver education instructor certifications, emergency medical services personnel certifications, and the accumulation of points that could lead to driver responsibility program surcharges (though the surcharge program has largely been reformed).
The 10% Rule: A Key Exemption in 542.304
One of the most significant provisions within Section 542.304, relevant to many everyday speeding tickets, is its exclusion regarding minor speeding offenses. The statute (and the rules established by the DPS based on it) explicitly states that a “moving violation” does not include:
- “the offense of speeding when the person convicted was at the time of the offense driving less than 10 percent faster than the posted speed limit, unless the person committed the offense in a school crossing zone.”
This means that if you are cited for speeding, and your speed was less than 10% above the posted limit, it may not be considered a “moving violation” for the specific purposes outlined in this section of the code.
Example: If the speed limit is 50 mph, and you are cited for driving 54 mph (which is less than 10% over 50 mph), this particular offense generally would not be classified as a moving violation under the criteria of Section 542.304.
Why This Distinction Matters
While a ticket for speeding less than 10% over the limit is still a violation that requires you to pay a fine and can appear on your driving record, its categorization under Section 542.304 as not a moving violation for certain purposes can provide some relief:
- Driver’s License Points/Surcharges: For purposes related to accumulating points on your driving record that could trigger the old Driver Responsibility Program surcharges (or similar future programs for repeat offenders), these minor speeding tickets generally do not count.
- Professional Licensing: Individuals whose professional licenses (e.g., driver education instructors, EMS personnel) are impacted by moving violations may find this exemption beneficial.
Important Caveats: School Zones and Other Factors
Speeding Ticket Defense Lawyer in Texas
It is crucial to understand the limitations of this “10% rule”:
- School Crossing Zones: The exemption does not apply if the speeding offense occurred in a school crossing zone. Speeding in a school zone, regardless of how minor, is treated more severely due to the heightened safety concerns for children.
- Other Consequences Still Apply: While it might not be a “moving violation” for the specific purposes of 542.304, a speeding ticket still results in a fine, court costs, and typically appears on your driving record. This can still lead to increased insurance rates, as insurance companies have their own criteria for assessing risk.
- Class C Misdemeanor: In Texas, most minor traffic violations, including speeding, are Class C misdemeanors. While these generally don’t carry jail time, they are still criminal offenses on your record.
- Aggressive Driving/Reckless Endangerment: If your minor speeding was part of a larger pattern of aggressive or reckless driving, you could face more severe charges.
How The Beltz Law Group Can Help
Speeding Ticket Defense Lawyer
Even a seemingly minor speeding ticket can have unintended consequences. Understanding the intricacies of Texas traffic law, including nuances like Section 542.304, is essential for protecting your driving record and financial well-being.
At The Beltz Law Group, we have extensive experience in criminal defense and traffic violation cases across Texas. If you’ve received a speeding ticket, especially one that might fall under this “less than 10% over” category, we can:
- Evaluate your case: Determine the specific charges, potential penalties, and how they apply to your situation.
- Explain your options: Discuss whether defensive driving, deferred adjudication, or contesting the ticket is the best path for you.
- Represent you in court: Advocate on your behalf to minimize the impact on your record and finances.
Don’t let a minor traffic infraction become a major headache. Contact The Beltz Law Group today for a consultation to discuss your speeding ticket and ensure your rights are protected.
