How Much over the Speed limit is a Felony in New York?

Speeding in New York is generally not classified as a felony offense, even when the driver drives the car at high speeds. New York does not have a specific threshold for an MPH that automatically triggers a felony charge. While a particular speed, such as 30+ MPH over the speed limit, does not necessarily trigger a felony charge, it may contribute to a more serious criminal charge if the driving is adjudged to be reckless driving or if the speeding results in serious injury or death. Felony charges related to speed include:

• Vehicular Assault: Causing injury while driving under the influence or recklessly (N.Y. Penal Law § 120.03)
• Vehicular Manslaughter: Causing death while driving recklessly or under the influence (N.Y. Penal Law §125.12 - §125.15)
• Fleeing Police: If speeding away from law enforcement results in an injury or death, it may result in a felony charge (VTL § 1100 et seq. / Penal Law § 270.25)

Is Speeding a Felony in New York?

In most cases in New York, speeding is not a felony. A typical speeding ticket, for driving 10 to 30 miles over the speed limit, is treated by law enforcement as a traffic infraction. Thus, speeding violations carry fines, points on a driver's license, and possible license suspension, but do not result in a criminal record.

Speeding may lead to felony charges combined with dangerous or more serious behaviour. Some examples of scenarios where speeding may result in a felony under New York law include:

• Vehicular Assault or Vehicular Manslaughter: Speeding that leads to serious injury or death as the driver is driving recklessly, intoxicated, and at an extremely high speed. As found in New York Penal Law § 120.03 (Vehicular Assault) and New York Penal Law §125.12-125.15 (Vehicular Assault).
• Fleeing from the Police: Speeding to evade law enforcement, leading to harm or risk to others, may lead to an unlawful fleeing from a police officer in a motor car charge as found in Penal Law § 270.25.

Can a Speeding Ticket Become a Felony in New York?

Yes, under certain circumstances, a speeding ticket may be elevated to a felony in New York. A New York speeding ticket may escalate into a felony depending on the context and consequences of the speeding. Examples include:

• Speeding in a construction or school zone, leading to injury to another, if the conduct is deemed reckless
• Driving at extreme speeds causes harm
• Engaging in street racing that leads to injury or death of persons
• Evading police while speeding
• Speeding as a driver with multiple prior offenses or with a suspended license

Types of Speeding Tickets in New York: Infraction, Misdemeanor, or Felony

Penalties for Felony Speeding Tickets in New York

While speeding alone in New York is rarely charged as a felony, there are instances where it escalates into a felony offense. This is when speeding leads to serious injury, death, or the endangerment of others. When persons in New York are convicted of a felony due to speeding, the penalties include:

• Jail or Prison Time:
  • Vehicular Assault (First Degree) is classified as a Class D felony and results in prison time of up to seven years (N.Y. Penal Law § 120.04).
  • Vehicular Manslaughter (Second Degree) is also classified as a Class D felony and leads to jail time of up to seven years (N.Y. Penal Law § 125.12).
  • Vehicular Manslaughter (First Degree) is classified as a Class C felony, and the driver gets seven years in prison (N.Y. Penal Law § 125.13).
  • Unlawful Fleeing from the Police (First Degree) is classified as a Class D felony and gets up to 7 years in jail (N.Y. Penal Law § 270.35).
  • Aggravated Unlicensed operation (First Degree) is classified as a Class E felony and gets up to four years in prison (N.Y. VTL § 511(3)(a)(i).
• Fines:
  • Fines range from $5,000 to $10,000, depending on the severity of the offense.
• License Suspension or Revocations:
  • A felony conviction from an incident leading to serious injury, death, or from the driver fleeing from police automatically results in the driver's license revocation.
• Points on the Driver's License:
  • The DMV assesses additional points of 11 or more for felonies, leading to administrative penalties.
• Permanent Criminal Records:
  • A felony criminal conviction will remain on a driver's record indefinitely unless it is sealed.

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

In New York, a speeding ticket generally remains on a driver's official driving record for four years from the date of the violation, as per New York Vehicle and Traffic Law § 201. If the speeding conviction was from a criminal offense such as reckless driving, the record may remain available to the public for up to ten years or longer. Insurance companies in New York typically use a three-year lookback period to assess driving history and determine premium rates.

Speeding points amassed due to speeding violations are used by the DMV for 18 months from the date of the breach, after which they will no longer count towards license suspension. However, the conviction will remain on the driving abstract, even though the points are inactive. Serious driving offenses, such as speeding at more than 21 MPH over the speed limit, may have more severe consequences and may be considered when determining future penalties, particularly if future offenses fall within the 25-year lifetime lookback period for specific DMV penalties.

Drivers who attend a DMV-approved Point and Insurance Reduction Program (PIRP) course in New York may get up to a four-point reduction from their driving record for penalty purposes, even though it does not erase the ticket from their history.

Interested persons may view details and results of past traffic infringements through New York traffic court records.

Can a Speeding Ticket Be Expunged from Your Record in New York?

Speeding tickets cannot generally be expunged from a driver's record in New York, as the state does not offer expungement or sealing for standard traffic offenses. A conviction or guilty plea will result in the record being part of the driver's permanent history on the DMV records for four years and for insurance purposes for three years.

Affected drivers in New York may mitigate the impact of speeding tickets by contesting the record, completing a PIRP, or maintaining a clean driving record, which tends to result in reduced penalties. Where speeding-related offenses result in a felony or misdemeanor, sealing may be available under CPL § 160.59 after a ten-year waiting period, provided there are no new crimes and a maximum of two convictions.