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

Most speeding offenses in Indiana are infractions that do not result in criminal charges and are punishable by fines and adding points to one's driving record. As per Indiana Code 9-21-5-1&2, any driver who does not drive at a reasonable speed or exceeds the maximum speed limits commits a Class C infraction.

Additionally, state laws do not set a specific "MPH over the limit" threshold that may result in a felony charge. However, speeding (especially over 25 mph) can be a factor in reckless driving or aggressive driving cases, which may be classified as a felony or misdemeanor, depending on the severity of the traffic violations and the level of endangerment.

Is Speeding a Felony in Indiana?

No, driving in speeds exceeding the maximum speed limit is not a felony offense in Indiana. State laws classify these offenses as Class C infractions. However, excessive speeds over 25 mph coupled with other reckless driving behaviors that lead to injury or death may result in misdemeanor or felony charges, such as reckless driving or aggressive driving.

Can a Speeding Ticket Become a Felony in Indiana?

Yes, speeding offenses in Indiana may become felony offenses if they are combined with aggravating factors like other traffic violations, intoxication, prior convictions, endangerment, injury, property damage, or death.

For instance, persons who drive at unsafe speeds, willfully disregard traffic control devices, and recklessly operate a vehicle around a highway worksite (with workers present) may face felony aggressive driving charges (level 5 or 6) if any one of the following conditions applies:

• The driver was intoxicated
• The driver had a prior conviction under Indiana Code 9-21-8-56 in the past 5 years
• The action resulted in a worker's injury or death.

Additionally, drivers who go 26 mph or more over the speed limit, endangering the safety or property of other people, may get misdemeanor or felony charges of reckless driving (under Indiana Code 9-21-8-52) if:

• The motorist passes a school bus that has stopped on a private or public road with its arm signal device extended;
• and it results in property damage, injury, or death.

Other felony traffic offenses include repeated operating while intoxicated (OWI) offenses, OWI causing death, reckless homicide, and driving while suspended as a habitual traffic violator (HTV).

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

In line with Indiana's sentencing guidelines, speeding tickets and other related traffic offenses may be classified as follows:

Infractions: Most speeding tickets or less severe traffic offenses, such as seatbelt violations and running a red light, fall under this category, especially if the offense does not result in property damage, injury, or loss of life. These are not criminal offenses.

Misdemeanors: These are more serious offenses that can potentially cause harm to others or property damage. Examples include less severe reckless driving, aggressive driving, and DUI cases.

Felonies: These charges apply to offenses involving more serious traffic violations that typically result in severe harm or damage. Examples include reckless homicide, habitual operating while intoxicated (OWI) offenses, or OWI with serious injury or death.

Penalties for Felony Speeding Tickets in Indiana

Typical speeding tickets in Indiana mainly result in fines between $140 and $200. Deferral or diversion programs may also require individuals to satisfy certain conditions, such as completing a driving course. However, persons convicted of a felony traffic or speed-related offense may face the following penalties:

• Jail term from 6 to 30 months for Level 6 felonies or from 1 to 6 years for Level 5 felonies
• Fines not exceeding $10,000
• Up to 6 demerit points can be added to a driver's license for driving 26mph+ over the limit. Other violations may add points (from 2 to 8), leading to license suspension if the points total 20 or more within a year.
• In some cases, OWI and habitual violations may lead to automatic license suspension.

Additionally, convictions can lead to a permanent criminal record, which can have profound social and legal implications, such as damaged reputations, employment challenges, and increased car insurance premiums.

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

In Indiana, the Bureau of Motor Vehicles (BMV) maintains driving records and generally removes speeding tickets after 2 years. However, this process does not refer to completely deleting the incident and judgment from the file but simply deeming the points inactive with no impact on one's record or, potentially, one's insurance rates. Hence, an updated driver's record may not show a speeding ticket obtained 3 years ago as long as the driver paid the fine, completed the Driver Safety Program (DSP), or dismissed the case.

Conversely, a misdemeanor or felony traffic conviction shall remain on one's criminal record unless expunged.

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

Yes. Some offenders may be able to have their speeding tickets expunged from their criminal or traffic records in Indiana. Apart from the BMV making tickets and their corresponding points inactive, the BMV can also expunge records relating to traffic convictions if the driver successfully petitions a court for criminal expungement. However, this only seals the records away from public access.

Generally, speeding tickets classified as infractions are not part of one's criminal records, as these are considered to be"civil" offenses. Deferred sentences also do not affect a driver's record as long as the driver completes the DSP course or other conditions. Therefore, persons may simply wait for the BMV to remove the record from view, regardless of the judgment.

For misdemeanor or felony charges without conviction, automatic expungement may apply to some cases that were filed from July 2022 and subsequently dismissed or acquitted. Alternatively, eligible persons may petition for non-conviction expungement at least one year after the disposition.

To expunge a conviction of a misdemeanor or felony traffic offense, persons may file a petition at the court that handled the case after a waiting period of 5 or 8 years, following the state's expungement guidelines. Once granted, the BMV, police, and other agencies that have records on the conviction or event shall mark the record as expunged and remove the record from public access.