During a traffic stop, if a driver speeds away from the officer at over 100 mph, what is the correct violation?

When a driver speeds away from an officer at over 100 mph during a traffic stop, the appropriate term for this action is evading arrest, which is classified as a state jail felony in Texas. This distinction is significant because the driver’s behavior demonstrates not only a refusal to comply with law enforcement but also poses a substantial danger to public safety. Evading arrest under these circumstances indicates an intention to escape lawful detention and is treated more severely than other infractions due to the potential harm to the officer and others on the road.

This rationale underscores the serious nature of the driver's actions, differentiating it from general traffic violations or charges like reckless driving, which could also apply but do not carry the same legal weight as evading arrest. Reckless driving, while dangerous, typically involves driving with willful disregard for the safety of persons or property, rather than specifically fleeing from law enforcement. Thus, the classification of evading arrest as a state jail felony correctly encapsulates the severity of the behavior demonstrated by the driver during the incident.