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

In Pennsylvania, speeding is a summary offense, not a felony, and no specific speed threshold elevates it to a felony solely based on the speed in miles per hour or exceeding the posted limit. However, aggravating factors may elevate speeding to misdemeanor or felony charges. A Pennsylvania speeding citation may become a misdemeanor if a driver exceeds the posted speed limit or drives too fast for the current conditions. For example, racing on highways or fleeing or eluding police may result in misdemeanor criminal charges.

Is Speeding a Felony in Pennsylvania?

No, speeding in Pennsylvania is not a felony. 75 Pa. C.S. § 3362 classifies speeding as a summary offense. However, certain aggravating factors may elevate speeding in Pennsylvania to misdemeanors or felonies. For instance, a Pennsylvania speeding citation may become a felony if:

• The driver acts with recklessness or gross negligence, causing injuries to others (aggravated assault by vehicle (third-degree felony))
• The driver drives recklessly, leading to the death of others (homicide by vehicle (third-degree felony))
• The speeding occurs in connection with DUI and results in vehicular homicide (Aggravated assault by vehicle while driving under the influence (second-degree felony)).

Can a Speeding Ticket Become a Felony in Pennsylvania?

A Pennsylvania speeding ticket may elevate to felony charges under certain conditions. Although Pennsylvania classifies speeding as a summary offense, it may elevate to felony charges in the presence of aggravating factors. Pennsylvania speeding violations are summary offenses, which are the lowest level of criminal offenses, and their penalties typically include:

• Fines
• Points on license
• License suspension.

However, a Pennsylvania speeding ticket may lead to felony charges if the outcome of the offense includes injuries to others or fatalities. In Pennsylvania, a speeding violation may be elevated to felony classification if it results in:

• Aggravated assault by vehicle
• Homicide by vehicle
• Aggravated assault by vehicle while driving under the influence.

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

In Pennsylvania, a speeding violation is a summary offense. Nevertheless, depending on the aggravating factors or outcomes, speeding in Pennsylvania may elevate to misdemeanor or felony charges. Pennsylvania classifies speeding as either a summary offense, misdemeanor, or felony.

Summary Offense (basic excessive speeding)

According to 75 Pa. C.S. § 3362, a driver commits a summary offense by driving:

• 35 miles per hour in an urban district
• 65 miles per hour or 70 miles per hour on freeways with a 65 miles per hour or 70 miles per hour speed limit
• 25 miles per hour in a residential district if the highway is not a numbered traffic route and is functionally classified as a local highway
• 55 miles per hour in other locations.

Misdemeanor of the third degree

Speeding alone is not a misdemeanor in Pennsylvania, but it may become one if it involves willful or wanton disregard for the safety of persons or property. For instance, Pennsylvania classifies speeding as a misdemeanor if it includes swerving, tailgating, or running lights. In addition to fines, points accumulation on records, license suspension (for repeat offenses or aggravating factors), misdemeanor speeding in Pennsylvania may result in up to 2 years in jail.

Felony (speed-related injuries or deaths)

Pennsylvania classifies speeding offenses as felonies if they result in aggravated assault by vehicle (injury to a third party) or homicide by vehicle (fatality).

Penalties for Felony Speeding Tickets in Pennsylvania

In Pennsylvania, a felony speeding citation may result in fines, license suspension, jail time, and a permanent criminal record. Depending on the aggravating factors, felony speeding tickets in Pennsylvania may attract the following penalties:

Aggravated Assault by Vehicle (third-degree felony):

• Up to $15,000 in fines
• Up to 7 years in prison
• An additional 2-year enhancement for speeding in an active work zone (if applicable)
• Permanent criminal record (unless the court expunges it)

Homicide by Vehicle (third-degree felony):

• Up to $15,000 in fines
• Up to 7 years in prison
• Mandatory minimum 3-year sentence if in a work zone (if applicable)
• Permanent criminal record

Homicide by Vehicle While DUI (second-degree felony, which may elevate to first-degree under 75 Pa. C.S. § 3735)

• Up to $25,000 fine
• Mandatory minimum 3 years consecutive prison term per fatality
• Up to 10 years in prison
• License revocation
• Permanent criminal record.

Fleeing or attempting to elude police, resulting in injury or death (second-degree or third-degree felony, depending on the outcome)

• Fines up to $25,000
• Up to 10 years in prison
• 1-year license suspension.

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

In Pennsylvania, speeding tickets remain permanently on drivers' PennDOT Motor Vehicle Records (MVR) because summary offenses do not qualify for expungement. Pennsylvania traffic court records stay on record indefinitely unless their owners meet the conditions outlined in 18 Pa. C.S. § 9122.

Pennsylvania speeding violations may result in points accumulating on a driver's license or even license suspension. While the Pennsylvania Department of Transportation removes 3 points per year for every 12 consecutive months a driver avoids new traffic violations, the underlying offenses remain indefinitely on their MVR, even if the point total drops to zero.

Pennsylvania insurance companies typically use a 3-year "lookback" period for speeding violations when calculating premiums. This period may extend to 5 or even 10 years for commercial drivers. After this designated period, a speeding citation may no longer influence the amount a driver pays for auto insurance.

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

In Pennsylvania, speeding citations are summary offenses and are not expungeable. The Pennsylvania Department of Transportation does not expunge points or entries for violations. Although Pennsylvania permits the expungement of some summary offenses, a speeding conviction stays visible indefinitely on the owner's MVR.

However, the impact of Pennsylvania speeding tickets may diminish over time. Older speeding tickets may have less impact. For instance, the effect of a speeding violation on car insurance costs fades after 3 or 10 years.