When Speeding Becomes a Misdemeanor or Felony

Criminal speeding felony threshold is the speed at which a simple traffic ticket turns into a criminal charge. Most drivers don’t realize that going fast enough can land you in jail — not just cost you a fine. In every state, there’s a line where speeding stops being a civil infraction and becomes a misdemeanor or even a felony.

That line depends on your state, how fast you were going, and where you were driving. Understanding the criminal speeding felony threshold in your state is one of the smartest things you can do behind the wheel.

How Criminal Speeding Felony Threshold Works

Every state draws its own line for when speeding becomes criminal. Some states use an absolute speed — for example, Arizona charges criminal speeding at 85 mph no matter the posted limit. Other states use a “miles over” threshold. In Illinois, going 26 mph over the limit is a Class B misdemeanor. Maine sets its criminal speeding felony threshold at just 30 mph over the limit.

There are two main types of thresholds. The first is a specific MPH number — drive faster than that, and you face criminal charges. The second is a “miles over the posted limit” trigger. Some states, like Georgia, use both. For example, Georgia can charge you criminally for going 85+ mph on a highway or 20+ mph over the limit in bad weather.

Here’s how the criminal speeding felony threshold breaks down in key states:

As you can see, Ohio stands out. It’s one of the few states where the criminal speeding felony threshold can actually reach felony level — but only if you’re 35+ mph over the limit in a school zone or business district. In most cases, even extreme speeding stays at the misdemeanor level unless someone gets hurt.

Why Criminal Speeding Felony Threshold Matters for Drivers

Crossing the criminal speeding felony threshold changes everything about your situation. A regular speeding ticket is a civil infraction. You pay a fine, maybe get points on your license, and move on. However, a criminal speeding charge means you could face jail time, a criminal record, and consequences that follow you for years.

Your insurance rates will jump significantly. According to industry data, a criminal speeding conviction typically raises your premiums by 25% to 55%. A reckless driving conviction — which many states use for extreme speeding — can increase rates by around 80%. These increases typically last 3 to 5 years. For example, a driver paying $1,800 per year could see that jump to $2,700 or more after a criminal speeding conviction.

The impact on your employment can be serious too. A misdemeanor speeding conviction shows up on criminal background checks for 7 to 10 years in most states. For CDL holders, the consequences are even worse. The FMCSA considers any speeding conviction of 15+ mph over the limit a “serious traffic violation.” Two serious violations within 3 years means a 60-day CDL disqualification. Three violations within 3 years means 120 days. As a result, many trucking companies simply won’t hire you.

What This Means for You

If you’ve been charged with criminal speeding, you need to act quickly. Unlike a regular ticket, a criminal charge typically requires a court appearance. You cannot just pay it online and forget about it. In most cases, you’ll want to consult a traffic defense attorney — the stakes are too high to handle alone.

Know exactly where your state’s criminal speeding felony threshold falls. If you were clocked just above the line, an attorney may be able to negotiate the charge down to a civil infraction. Many drivers can get criminal speeding reduced — especially on a first offense. You may also be able to challenge the radar or lidar calibration, the officer’s training records, or the conditions at the time.

If you hold a CDL, treat any speeding charge over 15 mph as an emergency. Your livelihood depends on keeping your record clean. Even a conviction in your personal vehicle counts against your CDL record.

Common Mistakes to Avoid

The biggest mistake is assuming criminal speeding is “just a ticket.” It is not. A criminal speeding charge is a criminal offense. It can result in jail time, and it creates a criminal record. Typically, drivers who ignore the seriousness of the charge end up with the worst outcomes. Don’t plead guilty at your first court date without understanding your options.

Another common myth is that going 100 mph is automatically a felony everywhere. That’s not true. In California, driving over 100 mph is actually an infraction on the first offense — with a $500 fine and up to 30 days of license suspension. It only becomes a misdemeanor with aggravating factors. The criminal speeding felony threshold rarely reaches actual felony level for speed alone. Felony charges almost always require injury, death, or extreme recklessness beyond just the speed.

Don’t assume you know your state’s criminal speeding felony threshold without checking. The range across states is enormous — from Colorado’s 25 mph over the limit all the way up to New Hampshire’s 100 mph absolute threshold. Florida recently added a new criminal speeding law effective July 2025, setting the bar at 50+ mph over the limit or 100+ mph. Laws change, so verify the current rules in your state.

Frequently Asked Questions

How many mph over the speed limit is a felony?

In most states, speeding alone — no matter how fast — is a misdemeanor, not a felony. Ohio is a notable exception, where 35+ mph over the limit in a school or business zone can be a 4th degree felony. For most drivers, the criminal speeding felony threshold reaches felony level only when speeding causes serious injury or death.

Will criminal speeding show up on a background check?

Yes. Unlike civil traffic infractions, a criminal speeding misdemeanor appears on criminal background checks. It typically remains visible for 7 to 10 years. Some states allow expungement after a waiting period. Check with your court about eligibility in your state.

Can I go to jail for speeding?

Yes, if you cross the criminal speeding felony threshold in your state. Virginia allows up to 12 months in jail for driving 85+ mph. Illinois allows up to a year for going 35+ mph over the limit. In most cases, first-time offenders don’t serve jail time — but the possibility is real, and a judge can impose it.

Find Your State’s Exact Rules

Fines, points, and the process to fight a ticket all change from state to state. Pick your state to see the exact fine by how fast you were going, the points it adds, and your options to fight it or take traffic school.

See All 50 State Guides →

Sources & How to Verify

The figures and rules on this page are drawn from official sources. Always confirm the exact amount and procedure with your state DMV or the court listed on your citation.

• NHTSA: nhtsa.gov — national speeding and speed-management data
• GHSA: ghsa.org — state traffic-law summaries and automated-enforcement data
• IIHS: iihs.org — insurance and crash-risk research
• Cornell LII: law.cornell.edu/wex — plain-English legal definitions
• Your state DMV & court: search “[your state] DMV points” and the court named on your ticket for the exact fine schedule

Content last reviewed June 2026. If you notice outdated information, please contact us.

Related Guides

• All 50 State Guides
• More in This Category
• Traffic Law Explainers
• Violation Type Guides
• Cost & Insurance Impact
• Comparisons
• Traffic School & Dismissal

Informational only. Speeding Ticket Guide is an independent educational resource, not a law firm, and this page does not provide legal advice. Fines, points, and rules are estimates for general guidance and can change — always verify the exact amount and procedure with your state DMV or the court listed on your citation. For advice about your specific situation, consult a licensed traffic attorney in your state.