Is Criminal Speeding A Felony?
In the vast majority of jurisdictions, criminal speeding (frequently designated as excessive speeding or aggravated speeding) is charged as a misdemeanor rather than a felony. While a standard speeding ticket is a civil traffic infraction resulting in a modest fine and DMV points, criminal speeding is a formal criminal offense that creates a permanent criminal record and carries potential county jail time. However, criminal speeding can escalate into a serious felony if excessive velocity results in a fatal car collision, causes severe bodily injury, or occurs while fleeing or eluding law enforcement.
Infraction Versus Misdemeanor Criminal Speeding
The legal distinction between civil speeding and criminal speeding rests on statutory speed thresholds and public safety endangerment. In most states, exceeding the posted speed limit by 1 to 15 MPH is an infraction. You pay a fine by mail or online, receive DMV license points, and avoid the criminal justice system altogether. However, when vehicle velocity crosses statutory speed thresholds—typically 20 to 30 MPH over the limit, or driving over 85 to 100 MPH absolute speed—the offense crosses from civil into criminal law.
Once charged with criminal speeding, you face formal criminal misdemeanor prosecution. This requires a mandatory in-person appearance in criminal or municipal court before a judge. Penalties include maximum jail sentences of 30 days to one year in county jail, criminal fines ranging from $500 to $2,500, driver license suspension, probation, and a permanent misdemeanor entry on your criminal background check.
Compare legal thresholds, classifications, and maximum statutory penalties across representative state speeding laws:
| State / Jurisdiction | Criminal Speeding Threshold | Statutory Charge Level | Maximum Incarceration Exposure | Driver License Sanctions |
|---|---|---|---|---|
| Arizona (A.R.S. § 28-701.02) | Exceeding 85 MPH or 20 MPH over limit | Class 3 Misdemeanor | Up to 30 days county jail | 3 points; potential suspension |
| Virginia (Va. Code § 46.2-862) | Exceeding 85 MPH or 20 MPH over limit | Class 1 Misdemeanor (Reckless) | Up to 12 months in jail | Mandatory 6-month suspension |
| Illinois (625 ILCS 5/11-601.5) | 26 to 34 MPH over limit (Class B); 35+ (Class A) | Class B or Class A Misdemeanor | Up to 6 to 12 months in jail | Court-ordered license suspension |
| North Carolina (N.C.G.S. § 20-141) | Over 15 MPH above limit, or over 80 MPH | Class 3 or Class 2 Misdemeanor | Up to 30 to 60 days jail | Mandatory 30-day suspension |
| Florida (F.S. § 316.192 / 316.1926) | 50+ MPH over limit; reckless endangerment | Misdemeanor (Civil $1k fine first) | Up to 90 days jail on second | Mandatory license revocation |
When Speeding Becomes a Felony Charge
While speeding alone—even at speeds exceeding 100 MPH—is rarely categorized as a felony on its own, it frequently acts as the primary aggravating element that elevates accompanying charges to a felony. The most prevalent scenario occurs when criminal speeding results in a catastrophic traffic collision. If a driver operating at reckless speeds causes severe permanent disability, disfigurement, or death, prosecutors file felony charges such as Vehicular Manslaughter, Aggravated Assault with a Deadly Weapon (the vehicle), or Criminally Negligent Homicide.
The second common scenario is felony fleeing or eluding law enforcement. If a driver accelerates to evade a police officer attempt to initiate a traffic stop, the act of fleeing at excessive speeds elevates the crime directly to a felony in virtually all fifty states. Furthermore, in states like Illinois and New York, engaging in organized street racing or repeated aggravated reckless driving while already on a suspended license can trigger felony enhancements.
Review aggravating circumstances that elevate speeding-related offenses into felony charges:
| Aggravating Speeding Scenario | Resulting Felony Criminal Charge | Typical Felony Class | Mandatory Minimum Sentence |
|---|---|---|---|
| Fatal Crash Caused by Extreme Speed | Vehicular Manslaughter / Homicide | Class 2 or Class 3 Felony | 2 to 20 years in state prison |
| Crash Causing Permanent Disfigurement | Aggravated Assault by Auto | Class 3 or Class 4 Felony | 1 to 10 years in state prison |
| High-Speed Police Pursuit / Evasion | Felony Fleeing / Eluding an Officer | Class 4 or Class 5 Felony | 1 to 5 years prison; car forfeiture |
| Speeding with Child Passenger (DUI) | Felony Child Endangerment | Class 6 or Level 6 Felony | Mandatory prison; DCS investigation |
| Organized Illegal Street Racing Injury | Aggravated Street Racing Felony | Class 4 Felony | 1 to 3 years; permanent revocation |
Collateral Consequences and Criminal Defense Strategies
The collateral damage of a criminal speeding conviction is severe. Unlike a civil traffic ticket, a misdemeanor criminal conviction cannot be expunged immediately in many states and will appear on standard pre-employment background checks, housing applications, and professional licensing audits. Commercial drivers (CDL holders) face automatic 60- to 120-day disqualifications, effectively terminating their employment. Furthermore, auto insurance premiums routinely double or triple, or carriers cancel policies entirely.
Defending against criminal speeding requires retaining an experienced traffic criminal defense attorney. Skilled attorneys challenge the evidentiary foundation of the speed measurement—subpoenaing police radar or LIDAR calibration certificates, tuning fork maintenance logs, radar operator training certifications, and pacing odometer calibration records. In many cases, defense counsel can negotiate a plea reduction down to a civil traffic infraction or secure deferred adjudication through traffic survival school.
How to Fight a Criminal Speeding Charge in 5 Steps
Follow these five strategic legal steps to defend against a criminal speeding citation.
Do Not Admit Guilt or Speed Roadside
Politely accept the citation without making incriminating statements regarding your speed or radar detector readings.
Check Citation for Mandatory Court Date
Verify whether the ticket requires an appearance in criminal court; failure to appear results in a bench warrant for your arrest.
Hire a Criminal Defense Traffic Attorney
Retain legal counsel licensed in the county where cited to represent you and waive your initial arraignment appearance.
Subpoena Radar, LIDAR, and Pacing Records
Request the arresting officer radar calibration certificates, daily equipment test logs, and visual speed estimation training files.
Negotiate Civil Infraction Reduction or Diversion
Work with the prosecutor to reduce the charge to a non-criminal civil violation or complete defensive driving school for dismissal.
Frequently Asked Questions (8 Questions Answered)
Q1: Is criminal speeding a felony?
No, criminal speeding is typically charged as a misdemeanor criminal offense, though it elevates to a felony if it causes severe injury, death, or involves evading police.
Q2: At what speed does speeding become criminal?
In many states like Arizona and Virginia, exceeding the speed limit by 20 MPH or driving over 85 MPH constitutes criminal misdemeanor speeding.
Q3: Can you go to jail for criminal speeding?
Yes, because it is a misdemeanor, judges have the statutory authority to sentence convicted drivers to anywhere from 30 days to 12 months in county jail.
Q4: Does criminal speeding go on your criminal record?
Yes, unlike a standard civil speeding ticket, a conviction for criminal speeding creates a permanent criminal record visible on employment background checks.
Q5: What is the difference between reckless driving and criminal speeding?
Criminal speeding is based strictly on numerical velocity thresholds, whereas reckless driving involves driving with a willful or wanton disregard for the safety of persons or property.
Q6: Will criminal speeding suspend your driver license?
In many jurisdictions (such as Virginia and North Carolina), criminal speeding triggers an automatic or court-discretionary license suspension of 30 days to 6 months.
Q7: Can a criminal speeding ticket be reduced to a civil violation?
Yes, experienced traffic defense attorneys frequently negotiate with prosecutors to reduce criminal speeding down to a civil speeding infraction or defective equipment violation.
Q8: How does criminal speeding affect auto insurance?
A criminal speeding conviction can cause auto insurance premiums to increase by 50% to 100% or lead your insurance company to drop your policy.
Final Thoughts & Key Takeaways
In conclusion, understanding is criminal speeding a felony? provides essential clarity, practical strategies, and actionable advice. By incorporating these foundational insights, adhering to verified safety guidelines, and following structured best practices, you ensure reliable, long-term outcomes while preventing common mistakes. Stay informed, consult certified professionals when needed, and maintain consistent quality care.