How Much over the Speed limit is a Felony in California?

Driving a vehicle above the speed limit in California is typically not a felony. Instead, it is generally categorized as a misdemeanor (not a felony) unless aggravating factors exist. For instance, overspeeding on California roads may result in felony charges if it involves extreme speed that gravely endangers public safety or reckless conduct that leads to injuries or deaths.

The penalties for a speeding ticket may also depend on how much over the speed limit the driver is driving and range from fines to license suspension and DMV point deductions, as provided under Sections 22350, 22349, and 22356 of the California Vehicle Code.

The costs for speeding in California may be higher due to court charges and additional fees.

Is Speeding a Felony in California?

California's Basic Speed Law prohibits driving faster than is safe for current conditions. Nonetheless, excessive speeding in California is a civil infraction (not a felony). However, felony charges may apply to excessive speed driving in California by aggravating factors such as:

• Injury to a third party
• Evading police with reckless driving
• Vehicular manslaughter
• Street racing or speed contests in injury or death.

Can a Speeding Ticket Become a Felony in California?

A speeding ticket may become a felony in California under certain circumstances. In California, driving above the speed limit or having multiple previous speeding violations or a license suspension does not automatically result in felony charges. However, certain aggravating factors will elevate a speeding ticket from an infraction to a felony. A California speeding ticket may result in a felony charge if:

• The driver's reckless driving results in injury or the death of a third party
• The individual drives recklessly to evade law enforcement
• Speeding results in vehicular manslaughter
• The driver participated in a speed contest (Street Racing), leading to injury or death.

Types of Speeding Tickets in California: Infraction, Misdemeanor, or Felony

California classifies speeding-related offenses into three categories:

• Infractions (minor violations)
• Misdemeanors (criminal – less serious)
• Felonies (most serious – criminal).

Infractions

In California, driving above the speed limit is a non-criminal or civil violation. The penalties for infractions do not include jail time. However, a speed of 100 mph or more speed may trigger higher fines or license suspension.

Misdemeanors

A speeding offense in California may escalate from an infraction to a misdemeanor if it involves reckless or dangerous behavior, or a repeat offense. For instance, in California, an individual may be guilty of a misdemeanor by driving above 100 mph while ignoring signals, participating in street car racing, or driving with a suspended license. Beyond fines, a misdemeanor charge for speeding in California may result in jail time.

Felony

Overspeeding on California roads may result in felony charges if it involves extreme speed that gravely endangers public safety or reckless conduct that leads to injuries or deaths. In addition to other penalties, felony charges for speeding may include 16 months to 6 years of jail time in state prison and a permanent criminal record.

Penalties for Felony Speeding Tickets in California

In California, excess speeding may lead to felony charges if it leads to injuries or the death of a third party, or involves criminal conduct such as evading the police or taking part in street racing. A felony charge for speeding in California may result in:

• Fines of up to $10,000.00
• 2 points on DMV record
• Restitutions
• A criminal record
• 2 years to 10 years jail time (the timeline for imprisonment varies with the severity of the offense)
• Vehicle impoundment or forfeiture

In addition to other penalties, felony charges for speeding in California may result in automatic license suspensions or long-term revocations if they lead to convictions for vehicle manslaughter, evading the police, injuries, or deaths.

How to Look Up a Speeding Ticket or Criminal Record in California

The easiest way to find information about speeding tickets (traffic citations) in California is through the California Superior Court Online Case Search Portals or the California Department of Motor Vehicles Driver's Record Request Portal.

To access citation tickets in California, visit the Superior Court Case Search Portal for the county where the ticket was issued and use the search tools to look for the specific ticket by name and date of birth, citation or ticket number, or driver's license number. Alternatively:

• Create a MYDVM account on the California Department of Motor Vehicles website
• Use the login credentials to access information about:
  • Delinquent traffic tickets
  • License suspension or holds
  • Point on license.

Beyond official repositories, California traffic tickets may be accessible as part of criminal case records through third-party platforms like California traffic court records and other private websites with databases relating to court proceedings within the various California counties.

Online portals unify results and provide fast and easy access to California traffic court records from multiple counties in the state in one place. However, accessing California's traffic tickets through online portals may involve fee payments. Furthermore, violators may be unable to pay or contest tickets through these platforms, some records may not be accessible online, and information from some online sources may not be up-to-date.

How Long Does a Speeding Ticket Stay on Your Record in California?

How long a speeding ticket stays on a record in California depends on the number of points assigned to the offense by the California Department of Motor Vehicles (DMV). The DMV assigns 1 point for a speeding violation conviction, and this stays on record for 36 months. More serious violations, such as driving beyond 100 mph, reckless driving, and DUI-related speeding, attract 2 points and impact on records for 7 years, while hit-and-runs and DUI violations stay on records for 10 years.

Although the DMV may erase points from records after a certain timeframe if it deems them no longer necessary, a California traffic court record may remain visible on complete driving records even after their retention periods.

Under California's Negligent Operator Treatment System (NOTS), accumulating a number of points over certain periods may result in license suspension even after the point retention period. Having too many points on a record will result in license suspension or revocation (for instance, 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months). Also, insurance companies may review and raise auto premiums within the point retention periods.

For minors, speeding resulting in collisions or traffic violations within 12 months of obtaining driver's license may lead to a 30 days to 6 months suspension of driving privileges and a potential 1-year probation. A conviction for alcohol or drug-related speeding for individuals between the ages of 15 and 20 years may result in license suspension.

Can a Speeding Ticket Be Expunged from Your Record in California?

California speeding records are not eligible for expungement. A speeding ticket in California will remain on the DMV record even after dismissal by a court. Depending on the number of points a speeding ticket citation in California may remain on a record for 3, 7, or 10 years and there a no legal ways to expunge them within their retention periods. However, eligible violators may complete driving programs and pay all fines and applicable fees to prevent points for minor speeding offenses from appearing on their records. Individuals may qualify for a California DMV-approved traffic violator schools if they are non-commercial drivers, did not participate in the program within the last 18 months, or the citation is for speeding below 100 mph limits.

In California, insurance companies have a 3-year lookback period for driving history; a speeding citation typically drop off after their retention period and may no longer affect insurance premiums after 3 years.