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How Much over the Speed limit is a Felony in Missouri?
Missouri has no specific mph over-the-limit threshold that triggers felony charges for speeding offenses. Sections 304.009 and 304.010 of the Revised Statutes of Missouri classify speeding violations as infractions or misdemeanors. A speeding offense in Missouri is an infraction if an individual drives 0 to 5 mph over the speed limit, a Class C misdemeanor for speeds of 6 mph to 20 mph, and a Class B misdemeanor for driving over 20 mph.
Notwithstanding, the presence of aggravating factors may elevate a speeding citation to felony charges. In Missouri, a speeding violation may result in felony convictions if it leads to injuries or death.
Is Speeding a Felony in Missouri?
No, speeding in Missouri is not a felony unless aggravating factors exist. Missouri classifies speeding as infractions or, at most, misdemeanors. However, the status of a speeding violation in Missouri may elevate to a felony if it includes reckless or careless driving, vehicular or involuntary manslaughter, DUI, or repeat dangerous driving.
Speeding Violation | Offense Classification | Interpretation |
---|---|---|
Driving 6 to 19 mph over the limit | Class C Misdemeanor | Minor speeding offenses typically result in fines |
20 mph or more over the speed limits | Class B Misdemeanor | May require a court appearance |
Speeding, plus reckless driving or careless behavior | Misdemeanor or Felony | Speeding violations in Missouri are misdemeanors, but may elevate to felony charges if they result in harm to others |
Speeding that leads to injury or death | Felony | Assault charges or involuntary manslaughter. |
Can a Speeding Ticket Become a Felony in Missouri?
Yes, a Missouri speeding ticket may result in felony charges. Typically, speeding violations in Missouri are infractions or misdemeanors, but may be upgraded to a felony if aggravating factors are present. In Missouri, a speeding offense alone is an infraction or a misdemeanor (not a felony). However, it may become a felony when it includes:
- Reckless or careless driving
- Vehicular or involuntary manslaughter
- Repeat or aggravated offenses, such as Driving Under the Influence (DUI) or causing injury to a third party
- Fleeing the police to resist arrest
- Second and subsequent participation in street or drag racing contests.
Types of Speeding Tickets in Missouri: Infraction, Misdemeanor, or Felony
The three categories of speeding violations in Missouri are infractions, misdemeanors, and felonies. Missouri distinguishes a speeding offense based on the driver's speed above the legal limits and the presence of aggravating factors. The table below outlines the different classes of speeding violations in Missouri.
Speed Range/Behavior | Offense Type | Classification | Examples |
---|---|---|---|
0 mph to 5 mph over the speed limit | Infraction | Non-criminal | Driving 29 mph in a 25 mph residential zone or 57 mph on a 55 mph highway |
6 mph to 19 mph over the limit | Class C Misdemeanor for 0 to 5 mph over the limit, and Class B for 20 mph or more | Criminal | Driving 60 mph on a city street that typically has a 45 mph limit |
Speeding resulting in injury or death, fleeing from law enforcement, or participating in street or drag racing contests | Felony (Class E or higher) | Criminal offenses with harsher penalties than misdemeanors | Participating in car racing after a previous offense, hit-and-run, and a fatal crash. |
Penalties for Felony Speeding Tickets in Missouri
In Missouri, the penalties for felony speeding include fines, license suspension or revocation, jail time, and demerit points on licenses. Additionally, a felony conviction for speeding in Missouri may result in a permanent criminal record, adversely affecting employment, housing applications, auto insurance premiums, and professional licenses.
Summary of the consequences of a felony conviction for speeding in Missouri
Penalty | Specifics |
---|---|
Fines | Up to $10,000.00 (excluding court fees) |
License suspension or revocation | A minimum of 1 year |
Points on license | 12 or more points (resulting in automatic license suspension) |
Prison time | 1 to 10 years, depending on the felony class |
Criminal record | Permanent and non-expungeable. |
How Long Does a Speeding Ticket Stay on Your Record in Missouri?
Missouri speeding tickets remain on official driving records for 5 years from the date of conviction or payment of fines. However, points associated with speeding violations typically remain active for three years and no longer count towards license suspension or revocation. Nevertheless, courts, law enforcement agencies, certification bodies, and insurance companies may still access these records through background checks.
Insurance companies in Missouri have a lookback period of three years, although some may extend this to five or even seven years for serious speeding offenses. After this timeframe, speeding tickets may no longer impact insurance premiums even if the Missouri Department of Revenue (DOR) retains them longer.
Missouri traffic court records for aggravated speeding, such as those relating to repeat offenses, speeding in school or construction zones, and fleeing from the police, may stay on records longer, particularly if the speeding results in injuries or fatalities. In Missouri, felony-level speeding violations are a permanent part of driving history or criminal records.
Can a Speeding Ticket Be Expunged from Your Record in Missouri?
Missouri does not permit outright expungement of speeding tickets that result in convictions. Courts in Missouri can only expunge speeding tickets that result in dismissal or are for a juvenile. However, the courts may offer Defensive Driving Programs (DIP) or Traffic Schools as an opportunity for dismissal or to reduce charges to non-moving violations. Completing these programs results in no points on licenses and the removal of tickets from records. Furthermore, the Missouri Department of Revenue may remove minor speeding violations from records 3 years after conviction or 5 years after a suspension or revocation (if the points did not result in license suspension).
