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How Much over the Speed limit is a Felony in Florida?
In Florida, driving over the speed limit is generally not automatically a felony. According to Florida Statute 316.1926(2), it is a criminal traffic offense (first-degree misdemeanor) if a driver exceeds the speed limit by over 50 miles per hour. However, speed may lead to felony charges when it involves reckless driving, repeat offenses, or results in serious injury or death.
Florida speeding penalties include fines, points deduction on the license, and license suspension. Below is a breakdown of the penalties for speeding in Florida:
- 1–29 MPH Over the Limit: is considered a civil infraction with fines ranging from $25.00 to $180.00, including 3 to 4 DMV points
- 30–49 MPH Over the Limit: a civil infraction that requires a mandatory court appearance, fines between $250.00 and $400.00, and 4 points on DMV records
- 50 MPH or more: This is a first-degree misdemeanor that may trigger up to 1 year of jail time, fines ranging from $1,000 to $5,000, and a possible license suspension.
Is Speeding a Felony in Florida?
Driving a vehicle above the speed limit in Florida is not legally classified as a felony. In Florida, speeding violations are identified as civil infractions when the driver goes less than 30 mph over the limit, or as criminal misdemeanors when the speed reaches 50 mph or more above the limit. However, felony charges arise when speed contributes to a more dangerous situation, such as:
- Reckless driving with injury to another
- Vehicular homicide
- Fleeing or eluding law enforcement at high speed.
Can a Speeding Ticket Become a Felony in Florida?
In Florida, a regular speeding ticket generally becomes a civil infraction. However, it may escalate into a felony-level offense under certain aggravating conditions.
While speed alone typically is not enough to make an offense a felony, it may trigger criminal charges or serve as evidence for serious crimes, depending on how far over the speed limit. A Florida speeding ticket may lead to a felony charge if:
- The driver has multiple prior speeding or reckless driving offenses
- The speeding results in bodily injury or death to a third party
- A driver speeds through a school zone or residential neighborhood
- The driver flees from the police at high speed.
Types of Speeding Tickets in Florida: Infraction, Misdemeanor, or Felony
Florida law generally classifies speeding offenses into three main categories:
- Civil infraction
- Criminal misdemeanor
- Felony.
Civil infractions
In Florida, driving 1–29 mph over the speed limit that does not involve recklessness, injury, or criminal intent is a non-criminal violation handled in traffic courts. Minor speeding violations do not include jail time but may result in fines and points deduction on a driver's license as stipulated in Florida Statute § 318.18.
Criminal Misdemeanors
A speeding offense that involves reckless behavior that endangers others or a repeat high-speed violation is considered a first-degree misdemeanor under Florida Statute § 316.192. For instance, a driver going 95 mph in a 45 mph zone while weaving through heavy traffic without causing a crash is guilty of a criminal misdemeanor. In addition to fines and possible license suspension, other penalties may include up to 1 year in jail, a criminal record, and a mandatory court appearance.
Felony Offenses
Speeding may become a felony offense in Florida if it results in serious injury, death, or is part of a criminal act such as fleeing law enforcement. A felony offense may result in a fine and prison time (depending on the degree of offense) and a permanent criminal record. The legal classification of a felony offense includes:
- Reckless driving causing serious bodily injury: 3rd-degree felony
- Vehicular homicide: 2nd-degree felony if speeding leads to death, and 1st-degree felony if the driver leaves the scene
- Fleeing from police at high speed: 2nd or 3rd-degree felony depending on harm caused.
Penalties for Felony Speeding Tickets in Florida
Felony convictions for speeding-related offenses in Florida may carry grievous and potentially life-altering penalties. These offenses typically involve excessive speed merged with reckless driving, serious injury, death, or fleeing law enforcement; punishable as provided in Sections 775.082, 775.083, and 775.084 of the Florida Statutes. The table below outlines the criminal penalties based on the type and severity of the felony offense.
| Types of Offense | Felony degree | Maximum Jail Time | Maximum fine |
|---|---|---|---|
| Reckless driving with serious injury | Third degree | 5 years | $5,000.00 |
| Vehicular homicide | Second degree | 15 years | $10,000.00 |
| First degree | 30 years | $10,000.00 | |
| Fleeing law enforcement | Second or third-degree | 5 to 15 years | $10,000.00 |
Additional consequences of a felony conviction in Florida include a permanent criminal record, long-term license revocation, increased insurance rates, mandatory court costs, and probation fees.
How Long Does a Speeding Ticket Stay on Your Record in Florida?
The length of time a speeding ticket stays on a record in Florida depends on the classification of the offense and how the record is used (whether for DMV enforcement, insurance purposes, or legal tracking).
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), a speeding infraction remains on a driving record for 3 to 5 years. More serious traffic offenses, such as driving beyond 50 MPH, license suspension, or reckless driving, may stay on a record for 10 years or more. In addition, Points from a traffic violation ticket remain on a license record for 5 years from the date of the conviction. Also, insurance companies generally review driving records when determining a premium.
Florida Speeding Offenses: Record Visibility and Retention Periods.
| Offense Type | DMV Record | Point Retention Period | Insurance Lookback |
|---|---|---|---|
| Speeding infraction | 3–5 years | 3–5 years | 3–5 years |
| Criminal misdemeanors | 10 years or more | 5 years or more | 5–10 years |
| Felony offense | 10 years or permanently | Not applicable (Criminal case) | 10 years or more |
Most Florida traffic court records are publicly accessible through government and third-party repositories.
Can a Speeding Ticket Be Expunged from Your Record in Florida?
The ability to remove a speeding ticket from a driving or criminal record in Florida depends on the type of violation and the case outcome. Under Florida law, traffic infractions are non-criminal and are handled administratively by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Depending on the severity, a speeding infraction stays on a record for 3 to 5 years. Some criminal traffic offenses may remain visible for up to 10 years. Eligible drivers may take Basic Driver Improvement (BDI) courses to avoid having points added to their driving records.
Individuals must meet Florida's strict criteria under Florida Statutes §§ 943.0585 and 943.059 to be eligible to expunge or seal some speeding-related offenses, such as criminal traffic violations, if:
- They have no prior convictions on their records
- The offense did not result in a conviction
- They have not previously sealed or expunged another record in Florida
- They complete the following legal processes:
- Submitting fingerprints
- Obtaining certificates of eligibility from the Florida Department of Law Enforcement (FDLE)
- Filing a formal petition with the court.
These processes remove the offense from criminal background checks, but do not erase DMV driving records.