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How Much over the Speed limit is a Felony in Michigan?
Speeding in the State of Michigan is not an automatic felony offense. Generally, there is no specific miles-per-hour threshold at which a speeding offense results in felony charges.
However, a speeding ticket may elevate to felony charges if it includes criminal behavior, serious injury, or fatality. For instance, a speeding offense may trigger felony charges if it involves:
- Fleeing from the police
- Vehicular manslaughter
- Reckless driving leading to a fatal crash
- Injuries to third parties
- Injury or death due to intoxication.
Is Speeding a Felony in Michigan?
No, speeding alone, regardless of the speed beyond the legal limit, does not constitute a felony in Michigan. Section 257.626 of the Michigan Compiled Laws classifies reckless driving as a misdemeanor punishable by fines, license suspension, points on records, and jail time (but not a felony). Nonetheless, a speeding violation may elevate to a felony if it involves additional criminal behavior. Factors such as injury or death to a third party, speeding to escape the police, or while intoxicated and injuring or killing someone may result in felony charges for speeding in Michigan.
Can a Speeding Ticket Become a Felony in Michigan?
Yes, a speeding ticket may become a felony in Michigan. While speeding is an infraction or a misdemeanor offense under Michigan law, charges may escalate to a felony if the driver willfully disregards public safety and results in injury or death.
In Michigan, a felony classification for a speeding citation is not about speed limits, but the presence of aggravating factors. A speeding ticket in Michigan may result in felony charges if it involves:
- Injury or death
- Street racing or engaging in speed contests that lead to injury or death
- Speeding to evade the police
- Driving while under license suspension
- Multiple previous speeding or traffic offense violations.
Types of Speeding Tickets in Michigan: Infraction, Misdemeanor, or Felony
Michigan classifies speeding violations into three categories. The various classes of speeding offenses in Michigan depend on factors such as reckless behavior, location, injury or death, or intent.
In Michigan, speeding may be an infraction, a misdemeanor, or a felony. The table below summarizes the classes of speeding offenses in Michigan.
| Type of Speeding Offense | Legal Classification | Examples |
|---|---|---|
| Minor speeding over the posted or presumed speed limit | Civil Infraction | Going 10 to 15 mph over the official limit. For instance, driving 35 mph in a 20 mph speed zone |
| Speeding plus reckless or dangerous driving, or repeat dangerous behavior | Misdemeanor | Street racing or driving through a school zone at extreme speed |
| Speeding that causes death or injury to others, fleeing the police, or gross negligence | Felony | Causing a fatal crash while speeding, participating in a drag race that results in injury or death, or driving at extreme speed to evade the police. |
Penalties for Felony Speeding Tickets in Michigan
A speeding-related felony in Michigan has severe and long-lasting consequences. The penalties for felony speeding tickets in Michigan range from fines and license revocation to vehicle forfeiture, jail time, and permanent criminal records. The table below outlines the potential penalties for a felony conviction for speeding in Michigan.
| Penalty | Details |
|---|---|
| Fines | A felony conviction for speeding in Michigan may attract up to $5,000.00 fine for injury to a third party; this may extend to up to $10,000.00 if the offense results in a fatality |
| Points on License | A felony conviction for speeding in Michigan will result in 6 demerit points on the offender's driving license |
| License Revocation | The Michigan Secretary of State's office will automatically revoke the driving licenses of individuals guilty of felony speeding within the state |
| Vehicle Forfeiture | A felony conviction for participating in street racing or speeding to evade the police may result in impoundment or forfeiture of the vehicle |
| Jail Time | Reckless driving leading to serious injuries may result in up to 5 years in prison. The jail time may extend up to 15 years if the offender flees to evade the police, or the speeding causes the death of another person |
| Criminal Record | A felony conviction for speeding in Michigan may result in a permanent criminal record. |
How Long Does a Speeding Ticket Stay on Your Record in Michigan?
A Michigan speeding ticket has a minimum retention period of 7 years, which may extend to 10 years or longer if the speeding violation results in a fatality. Speeding tickets stemming from alcohol or controlled substance use remain permanently on the offender's driving history. These citations are visible to law enforcement, the courts, and licensing authorities during their retention periods.
The timeframe for retaining points on driving records in Michigan differs from that of speeding citations. Points assigned to licenses due to speeding tickets stay active for 2 years from the conviction dates. Accumulating 12 or more points within a year will result in license revocation or mandatory driver reexamination. Nonetheless, eligible drivers may reduce the points on their licenses by completing Basic Driver Improvement Courses (BDIC) within 60 days of their convictions. Furthermore, individuals may contest Michigan traffic court records in court; if successful, the tickets will not be part of official records.
In Michigan, insurance companies use a 3-year lookback period to set coverage premiums. After this period, the information no longer affects rates. Nevertheless, the ticket remains on the Michigan Secretary of State (SOS) for 7 years or more from the conviction date.
Summary of Speeding Ticket Retention Periods in Michigan
| Viewpoint | Retention Period |
|---|---|
| Speeding tickets on records | 7 years |
| Points on License | 2 years |
| Insurance Lookback | 3 years |
| Extended Retention Period for deaths relating to speeding | 10 years or more. |
Can a Speeding Ticket Be Expunged from Your Record in Michigan?
Yes, individuals may expunge misdemeanor and felony speeding tickets in Michigan. Per Section 780.621 of the Michigan Compiled Laws, individuals may petition the courts to set aside their misdemeanor and felony speeding tickets after observing applicable waiting periods. In Michigan, offenders must observe a 3-year waiting period for one misdemeanor and 5 years for multiple misdemeanors or felony convictions. However, speeding offenses resulting in injuries or deaths are not eligible for expunction.