Is speeding a felony?

Ordinary speeding is not a felony. In many states it is a traffic infraction, a ticket that is not a crime, and in others it is a minor offense punished by a fine.^{1,2,3,4,5,6,7,8,9}

Florida makes unlawful speed a noncriminal traffic infraction. New York defines a traffic infraction as not a crime, and California and Virginia also treat ordinary traffic violations as infractions. Pennsylvania makes violating a maximum speed limit a summary offense with a $35 fine ($42.50 for a limit of 65 mph or higher) plus $2 for each mile more than five over. Ohio makes speeding a minor misdemeanor. Illinois's general Vehicle Code penalty is a petty offense for a first or second conviction.

In some states even a very high speed is still only a ticket. California treats driving over 100 miles per hour as an infraction punishable by a fine of up to $500 for a first conviction.¹⁰

A court can also suspend the license for up to 30 days on a first conviction, and fines and suspensions rise for repeat convictions within three to five years. California Vehicle Code section 22348(b).

No speed over the limit makes plain speeding a felony in the states checked. A speed-related felony needs something more, such as racing that causes injury, fleeing from police, or a crash that kills someone.^{1,2,3,7,8,10,11,12,13,14}

The highest grade for speed alone in the states checked is a misdemeanor: Class A in Illinois, Class 1 in Virginia, and Class 3 in North Carolina. If you search how many miles over the limit is a felony, the answer in the statutes read is none; the felonies below turn on racing, eluding or the harm caused. Look at your own state's law, because other states may differ.

Street racing is the speed-related crime most likely to be a felony. It becomes a felony in several states for repeat violations or if someone is hurt: Florida, Texas, Illinois, North Carolina, Virginia and, in narrow cases, California.^{15,16,17,18,19,20,21,22,23,24,25}

Florida makes a second racing violation within a year a third-degree felony. Texas makes racing a felony with two prior racing convictions or if anyone is injured, up to a second-degree felony for serious bodily injury or death. Illinois makes a second racing offense, and street racing causing great bodily harm, a Class 4 felony. North Carolina makes racing that causes serious injury a Class H felony, or Class G for serious bodily injury or death. Virginia makes racing with reckless disregard for human life that seriously injures an uninvolved person a Class 6 felony. California racing is a misdemeanor, but a second offense within five years causing serious bodily injury can bring state prison. New York and Ohio keep racing a misdemeanor. Pennsylvania makes it a summary offense, though organizing or financing racing that seriously injures or kills someone is a third-degree felony.

Speeding while fleeing from police is often a felony. Several states set a number: in Illinois, fleeing at least 21 mph over the limit is aggravated fleeing, a Class 4 felony, and in North Carolina speeding more than 15 mph over is one of the factors that can make speeding to elude arrest a Class H felony.^{26,27,28,29,30,31,32,33,34,35}

New York's unlawful fleeing in the third degree is a class A misdemeanor if the driver flees at speeds 25 mph or more above the limit or recklessly, and a class E felony if someone suffers serious physical injury. Florida makes fleeing in a motor vehicle a third-degree felony, a second-degree felony if the driver drives at high speed, and a first-degree felony if that driving causes serious bodily injury or death. Ohio, Virginia, Pennsylvania, Texas and California also have felony grades for fleeing police in a vehicle.

A crash caused by speeding can lead to felony charges under separate laws. Pennsylvania's homicide by vehicle is a third-degree felony when someone recklessly or with gross negligence causes a death while violating a traffic law.³⁶

That covers any law on the operation of a vehicle, which would include a speed limit. See our reckless driving and manslaughter pages for how crashes with injuries or deaths are graded. 75 Pa.C.S. section 3732.

Texas

Texas: speeding above the limits in section 545.352 is prima facie evidence that the speed is unlawful, and a traffic offense with no other set penalty is a misdemeanor with a fine of $1 to $200. Racing is a Class B misdemeanor, and a felony with two prior racing convictions or if it causes injury.^16,34,37,38

Racing is a Class A misdemeanor with one prior conviction, a state jail felony with two, a third-degree felony if someone suffers bodily injury and a second-degree felony for serious bodily injury or death. Evading arrest while using a vehicle is a felony. Penal Code section 38.04(b) is printed in two 2011 versions, one making a first offense in a vehicle a state jail felony and the other a third-degree felony. A Texas appeals court, applying the rule that the later-enacted amendment prevails, held that the third-degree felony version controls. Texas Transportation Code sections 542.401, 545.352 and 545.420 and Penal Code section 38.04.

Florida

Florida: unlawful speed is a noncriminal traffic infraction. Racing is a first-degree misdemeanor, and a third-degree felony for a second violation within a year.^1,15,30

A third racing violation within five years is a second-degree felony. Fleeing a law enforcement officer in a vehicle is a third-degree felony, or a second-degree felony if the driver drives at high speed or with wanton disregard for safety. Florida Statutes sections 316.183, 316.191 and 316.1935.

California

California: speeding is an infraction, even above 100 mph. Racing or a speed contest is a misdemeanor, except that a second conviction within five years that causes serious bodily injury can be punished in state prison. Evading a police officer with willful or wanton disregard for safety can be punished in state prison.^{10,20,24,35,39,40}

Evading with willful or wanton disregard carries state prison or six months to a year in county jail, and a fine of $1,000 to $10,000. If the flight seriously injures someone it carries 3, 5 or 7 years in state prison, and 4, 6 or 10 years for a death. A crime punishable by state prison is a felony under Penal Code section 17. Vehicle Code sections 22348, 23109 and 2800.1 to 2800.3.

New York

New York: speeding is a traffic infraction, which is not a crime. Racing is a misdemeanor, and fleeing police at speeds 25 mph or more over the limit, or recklessly, is a class A misdemeanor.^{2,3,21,28,29,41}

If the flight causes serious physical injury, it is a class E felony, and if it causes a death a class D felony. Vehicle and Traffic Law sections 155, 1180 and 1182 and Penal Law sections 270.25, 270.30 and 270.35.

Illinois

Illinois: ordinary speeding is generally a petty offense, but 26 mph or more but less than 35 mph over the limit is a Class B misdemeanor and 35 mph or more over is a Class A misdemeanor. Aggravated fleeing, which includes fleeing at least 21 mph over the limit, is a Class 4 felony.^{9,11,17,26,42}

Street racing is a Class A misdemeanor the first time and a Class 4 felony the second. Fleeing police is a Class A misdemeanor, and a Class 4 felony for a third or later violation. 625 ILCS 5/11-204, 11-204.1, 11-506, 11-601.5 and 16-104.

Ohio

Ohio: speeding is a minor misdemeanor, or a fourth-degree misdemeanor in set cases. Street racing, stunt driving or a street takeover is a first-degree misdemeanor.^8,22,31

Failing to comply with a police signal by willfully eluding is a fourth-degree felony, and a third-degree felony if the driving causes serious harm or a substantial risk of it. Ohio Revised Code sections 4511.21, 4511.251 and 2921.331.

North Carolina

North Carolina: driving more than 15 mph over the limit or over 80 mph is a Class 3 misdemeanor. Racing is a Class 2 misdemeanor, or a Class 1 misdemeanor if prearranged, and a Class H felony if it causes serious injury.^14,18,25,27

Racing that causes serious bodily injury or death is a Class G felony. The racing felony grades apply to offenses on or after Dec. 1, 2025. Speeding to elude arrest is a Class 1 misdemeanor and a Class H felony with two or more aggravating factors. If eluding causes a death, it is a Class H felony, or a Class E felony when two or more aggravating factors were present. G.S. 20-141, 20-141.3 and 20-141.5.

Virginia

Virginia: ordinary speeding is a traffic infraction, but driving 20 mph or more over the limit, or over 85 mph, is reckless driving, a Class 1 misdemeanor. Eluding police so as to endanger someone is a Class 6 felony.^{6,12,13,19,32}

Eluding police is otherwise a Class 2 misdemeanor. Racing is reckless driving, and racing that causes serious bodily injury is a Class 6 felony. Code of Virginia sections 46.2-113, 46.2-817, 46.2-862, 46.2-865.1 and 46.2-868.

A few states treat ordinary speeding as a minor crime rather than an infraction. Ohio calls it a minor misdemeanor, Pennsylvania a summary offense, and Texas treats traffic offenses as misdemeanors with a fine of $1 to $200 unless another penalty is set.^7,8,9,16,37

Ohio raises speeding to a fourth-degree misdemeanor if the person has two prior speeding convictions within a year, or was going more than 35 mph in a business district, more than 50 mph in other parts of a municipality, or more than 35 mph in a school zone during school hours. Illinois makes a third conviction within a year a Class C misdemeanor under its general Vehicle Code penalty.

Some states make speeding a misdemeanor once it passes a number written in the statute. Virginia: 20 mph or more over the limit, or over 85 mph, is reckless driving. Illinois: 26 mph or more over is a misdemeanor. North Carolina: more than 15 mph over the limit, or over 80 mph, is a Class 3 misdemeanor.^11,12,13,14

Virginia punishes reckless driving as a Class 1 misdemeanor under section 46.2-862 and 46.2-868. Illinois makes it a Class B misdemeanor at 26 mph or more but less than 35 mph over and a Class A misdemeanor at 35 mph or more over. These are misdemeanors. None of these sections makes speed alone a felony.