Having a criminal record can severely impair your future education and career prospects. Many of us know people who have been denied a job, or have been rejected from an educational institution, because of a minor indiscretion earlier in life. It seems that old saying “boys will be boys,” or “I was young then, and I’m a different person now,” don’t mean as much when you are competing with people with clean records.
So, if you have just received your first speeding ticket — or you got a particularly severe ticket, such as reckless driving — you might be wondering if this ticket will appear on your criminal record? And if so, is it a minor misdemeanor or a more serious felony? If neither, will it show up on your record?
The three flavors of criminal offenses: felony, misdemeanor, and infraction.
For the most part, speeding tickets are considered infractions in most states. This means they are the least severe of legal offenses one can commit, and they won’t show up on most criminal background checks. Unless your speeding offense was extremely heinous, or you are a serial offender, the odds are pretty high that your ticket is a simple infraction and will not affect your professional future — though it will probably go on your driving record for a few years and raise your insurance rates.
The next level up in terms of seriousness are misdemeanor offenses. Very few speeding tickets will reach this level, but as an example, street racing is usually a misdemeanor criminal offense in most states. Misdemeanors are generally punishable by up to a year in jail, plus a fine.
The most serious offenses are called felonies. Almost no speeding tickets are felonies, though there may be some states where you can be charged with a felony when your speeding leads to significant injury or death of an innocent third party. Felonies are punishable by a minimum of one year in jail, plus a fine in most places.
Most speeding tickets are infractions: non-criminal, but still costly.
You might assume, that if your speeding ticket is not a criminal offense, that you have nothing to worry about. In terms of a criminal record, that might be true — infractions go on your driving record only.
But that doesn’t mean traffic infractions are without consequences. Let’s take New York, for example: the penalties for repeat offenders can be financially crippling. If you accrue six points in 18 months, including for offenses in nearby Québec and Ontario, Canada (a truly absurd extension of law, given that those provinces are in another country), you are responsible for paying a driver’s responsibility assessment for three years - $100 per year, plus an additional $25 per point you accrue above six points. Add in a definite insurance hike, and well, those infractions seem a lot more serious.
But some serious speeding offenses will be misdemeanors.
Going 36 mph in a 25 mph zone will probably not result in a misdemeanor offense in most states. But, prostate gas pedal down a little harder and you might in-depth with criminal charges — a reckless driving charge.
In Virginia, for example, going a mere 11 mph over the speed limit can get you a reckless driving charge. How? One of the many definitions of reckless driving in Virginia is exceeding 80 mph — even though there are highways where the posted speed limit is 70 mph. And while lawmakers have discussed how ridiculous this is, and have made efforts to fix this legal curiosity, the law remains on the books.
Other examples of instances in which your speeding offense can result in misdemeanor criminal charges include where the speeding resulted in injuries, significant property damage, and where the speeding is part of a drag or street race.
Speeding results in few felonies, but it is possible.
Speaking of drag or street races, all too often, that race results in an accident where someone is severely injured or killed. In many states, including California and Wisconsin, this guarantees a felony charge.
In Arizona, nobody actually has to get injured for speed racing to result in felony charges — a second conviction for racing on the highway will result in felony charges.
Beyond those two scenarios, there are pretty much no other common felonies related to speeding.
Felony, misdemeanor, or infraction — you don’t want it on your record.
Even if your speeding offense is not going to be plastered on your criminal record, you still do not want it following you on your driving record, as this will result in increased insurance premiums and may eventually lead to a safety assessment fee or a license suspension, if you get enough infractions.
If your speeding ticket is a misdemeanor or felony, you really need to get serious about it now. Criminal offenses will follow you for the rest of your life, even if they are later expunged. When you apply for jobs, there is a good chance that your criminal convictions will show up. If you are applying for professional licensure, such as a bar license or nursing license, you have to disclose criminal convictions, which is embarrassing at minimum and can prevent you from getting your professional license altogether.
Whether you are looking at an infraction, misdemeanor, or felony, Off The Record is here to help. We make fighting back as easy as a few taps in an app or on our website, plus a quick snapshot of the ticket. We will connect you with a lawyer who can help you fight back. Our lawyers have a success rate of more than 90%, and we back that up with a money-back guarantee — if you don’t win, you don’t pay.
You have nothing to lose by fighting back, and everything to lose by caving and paying the ticket. Find our app on the Apple iOS store or get started at OffTheRecord.com.
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