How Much over the Speed limit is a Felony in North Carolina?

North Carolina generally has no fixed threshold at which speeding alone becomes a felony. A driver's speeding, no matter how many miles per hour, will not result in a felony. Speeding, however, may result in a felony when combined with other aggravating factors. Examples include:

• Felony Speeding to Elude Arrest: This occurs when a driver attempts to elude law enforcement while exceeding the speed limit. (N.C. Gen. Stat. § 20-141.5).
• Felony Death by Vehicle: This is where a driver kills another while violating a speed or reckless driving law, especially if the driver is impaired. (N.C. Gen. Stat. § 20-141.4).

Is Speeding a Felony in North Carolina?

In North Carolina, most speeding infractions are considered civil offenses or misdemeanors, rather than felonies. However, speeding may lead to a felony in North Carolina if combined with dangerous behaviors. Examples of these scenarios are:

• When drivers try to escape from law enforcement while overspeeding, they may be charged with a felony under N.C. Gen. Stat. § 20-141.5
• When a driver's overspeeding or reckless driving leads to someone's death, the driver may be charged with a felony under N.C. Gen. Stat. § 20-141.4

Can a Speeding Ticket Become a Felony in North Carolina?

A speeding ticket in North Carolina may be elevated to a felony due to aggravating circumstances. However, a standard speeding ticket in the state is typically a civil infraction, rather than a misdemeanor or felony. Scenarios where a speeding ticket may be elevated into a felony in North Carolina include:

• Fleeing or evading law enforcement, especially while exceeding the speed limit by 15 MPH or more
• Driving at extremely high speeds in unsafe conditions, especially if someone is hurt due to the driving
• Participating in an illegal street race, especially when combined with reckless driving or high speed, even if it does not result in injury
• Speeding in a school or construction zone, especially if a child or worker is injured
• Speeding that results in a fatality or serious injury, especially if alcohol, drugs, or reckless behaviour is involved.
• When the offense was carried out by a repeat offender showing a pattern of risky behaviour

Types of Speeding Tickets in North Carolina: Infraction, Misdemeanor, or Felony

North Carolina speeding violations are classified into three main categories: infractions, misdemeanors, and felonies. Below is a breakdown of these offenses with examples, penalties, and the relevant statutes.

Penalties for Felony Speeding Tickets in North Carolina

Below is a detailed breakdown of the penalties for felony-level speeding offenses in North Carolina, with the prison time, fines, license consequences, and long-term effects:

• Jail or Prison Time:
  • Felony Speeding to Elude with two or more aggravating factors carries a possible jail sentence of four to 39 months (N.C. Gen. Stat. § 20-141.5).
  • Felony death by a vehicle is classified as a Class D felony and may lead to 30 to 204 months of jail time (N.C. Gen. Stat. § 20-141.4).
  • Felony serious injury by a vehicle is a Class E felony and may lead to prison time that varies based on structured sentencing.
• Fines:
  • Fines are at the judge's discretion, with no statutory cap, and may include court costs.
• License Suspension or Revocation:
  • Felony speeding to elude may lead to a two-year license revocation and up to a three-year license revocation if three or more factors are involved. Limited driving privileges may be available.
  • Felony Death by Vehicle leads to permanent license revocation unless reinstatement requirements are met.
  • Felony Serious Injury by Vehicle leads to multiple years of license revocation.
• Points on the Driver's License:
  • A felony driving offense usually leads to license revocation, which may sometimes make adding points irrelevant.
• Permanent Criminal Record:
  • All felony-related speeding offenses result in a criminal record, which may have lifelong consequences if the offense is aggravated.

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

Most speeding convictions in North Carolina stay on the driver's official record for three years from the date of sentence, except for some more serious violations (G.S. 20-16.1). More serious violations, such as excessive speeding, reckless driving, or DWI-related incidents, may remain on the driver's DMV record for up to five years. Most insurance companies use the Safe Driver Incentive Plan (SDIP) and evaluate traffic violations for three to five years. A single speeding conviction may increase a driver's premium by 60% or more in the first year, and this rate increase may last three years.

Drivers in North Carolina may request a Prayer for Judgment (PJC), which allows the court to withhold entry for specific traffic offenses from North Carolina traffic court records. The PJC prevents points from accumulating more than twice per household in a five-year period. The DMV will also not list the convictions. However, insurance companies may still count the violation even with a PJC.

Can a Speeding Ticket Be Expunged from Your Record in North Carolina?

In North Carolina, speeding tickets issued to drivers are not expunged from their driving record, as the North Carolina Department of Motor Vehicles (DMV) does not allow this. Speeding tickets recorded on a driver's driving history typically remain there for three years, even though they may impact the driver's insurance rates for longer.

Criminal expungement for specific traffic-related charges like reckless driving, vehicular manslaughter, and speeding to evade arrest is permitted under N.C. Gen. § 15A-145.5. After a waiting period of five to ten years, a driver can petition for expungement for specific nonviolent felonies or misdemeanors.

Minors are eligible for special considerations in juvenile court or traffic court, and some counties offer diversion programs that, if completed, prevent the conviction from being entered.