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

Georgia's legal framework does not establish a specific threshold that automatically escalates a speeding violation to a felony. However, a speeding citation can lead to felony charges if it includes serious criminal conduct. Georgia Code § 40-6-180 stipulates that drivers should operate at speeds that are reasonable and prudent under any given conditions. In addition, Georgia Code § 40-6-181 establishes the lawful maximum limit beyond which speeding becomes a traffic violation.

In Georgia, a driver who exceeds the speed limit by 20 mph or more in adverse weather conditions or heavy traffic commits a misdemeanor. Similarly, exceeding 85 mph on highways, or 75 mph on a two-lane road, constitutes a misdemeanor. Nevertheless, a speeding offense may result in felony charges if it endangers public safety or contributes to injuries or vehicular homicide.

Is Speeding a Felony in Georgia?

No, speeding is not a felony in Georgia unless there are aggravating factors. In Georgia, speeding is a misdemeanor with penalties ranging between fines, points on driving records, and potential jail time. However, a speeding citation in Georgia may elevate to felony charges if a driver:

• Drives 20 mph or more over the limit to evade the police
• Collide with other vehicles or pedestrians
• Endanger the public during the pursuit
• Takes part in drag racing or drives recklessly
• Is under the influence of drugs or alcohol.

Can a Speeding Ticket Become a Felony in Georgia?

Yes, speeding can become a felony in Georgia if it is accompanied by criminal conduct. Under Georgia law, a speeding violation is a misdemeanor offense (not a felony). However, speeding offenses may result in felony charges if there are aggravating factors. For instance, fleeing to elude the police becomes a felony if:

• The offender is driving 20 mph or more over the limit
• It is a 4th or subsequent violation within 10 years
• It results in a collision with a vehicle or pedestrian
• The driver crosses the state line
• The individual is under the influence of drugs or alcohol.

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

Georgia classifies speeding violations into three categories. These classifications depend on the absence or presence of aggravating factors. Article 15, Section 40-6-390 to 40-6-397 outlines the various factors that can aggravate a speeding offense in Georgia. In Georgia, a speeding offense is either an infraction, a misdemeanor, or a felony.

Traffic Infraction

Georgia considers a speeding violation an infraction if the offense does not involve reckless driving or criminal behavior. In Georgia, the penalties for traffic Infractions include fines and points on licenses but not criminal conviction.

Misdemeanor Speeding

A speeding offense in Georgia becomes a misdemeanor if it involves reckless conduct that endangers others. For instance, speeding in a construction or school zone, poor weather, or heavy traffic without regard for safety. In addition to fines and points on records, a speeding misdemeanor may result in up to 12 months in jail.

Felony Speeding

In Georgia, a speeding citation may elevate to felony charges if the action includes criminal behavior, such as:

• Repeat dangerous behavior
• Fleeing from the police
• Causing injury or death.

For instance, speeding to evade law enforcement for a 4th time or more within 10 years may result in a felony charge. Furthermore, a speeding offense may lead to a felony conviction if it leads to a crash that causes injury to others or the death of another person.

Penalties for Felony Speeding Tickets in Georgia

In Georgia, speeding is an infraction or a misdemeanor. However, it may lead to felony charges if combined with criminal behaviors such as fleeing the police, DUI, causing injury to others, or vehicular homicide. A felony conviction in Georgia carries severe penalties, which may include:

• Fines ranging from $5,000.00 and above
• Restitution to the victims
• Points on a driver's license
• License revocation
• 1 to 15 years in prison
• A permanent criminal record can affect employment, insurance rates, and housing.

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

In Georgia, a speeding ticket typically remains on the Georgia Department of Driver Services (DDS) database for 7 years. During this period, the record is accessible for driver history reports, law enforcement background checks, court sentencing for repeat offenses, and license reinstatement purposes.

Insurance companies in Georgia typically have lookback periods of 3 to 5 years, and a moving violation may result in a 10% to 25% increase in auto premiums. Additionally, DDS points on licenses expire 24 months from the dates of the violations. This expiration period for speeding tickets applies to all Georgia traffic court records regardless of their classifications as infractions, misdemeanors, or felonies.

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

Georgia does not expunge speeding tickets through standard legal processes; they remain on the DDS database regardless of the offender's age or first-time status. Nevertheless, some jurisdictions may permit deferred adjudication to dismiss tickets or allow offenders to undergo defensive driving courses for minor infractions, helping them to avoid convictions or points on their licenses.

In Georgia, the law does not offer minors preferential treatment regarding speeding tickets; these citations remain on their records for seven years, and a two-year point retention also applies to them.