How Much Over the Speed Limit is a Felony in Washington?

Speeding alone is generally not considered a felony offense in Washington state. The type of offense committed depends on the prevailing circumstances when the individual was clocked and cited for overspeeding. A driver could be charged with vehicular assault or vehicular homicide (both of which are felony offenses) if they cause fatal injuries or death to another individual while speeding. If no injury or death occurred and a driver was not driving under the influence, the offender may be cited for a gross misdemeanor.

Per Washington State law, a person is guilty of reckless driving if they "drive any vehicle in willful or wanton disregard for the safety of persons or property". Reckless driving attracts a fine of up to $5,000 or a one-year jail term.

That said, specific areas or highways may have specific speed limits. In such instances, penalties are more severe depending on how much over the speed limit the individual was going. For instance:

• If a driver is caught speeding in areas with 40mph or lower posted speed limits, fines could range from $125 to $423.
• For areas with speed limits above 40mph, fines range between $105 - $423.

Additionally, exceeding the speed limit in school and construction zones usually results in double the fines, and speeding tickets issued in these zones are generally not eligible for review or waiver.

Is Speeding a Felony in Washington?

Under Washington law, speeding is not classified as a criminal charge and does not appear on criminal records. Speeding-related offenses in Washington are typically considered infractions or misdemeanors and usually result in a speeding ticket.

However, certain conditions escalate speeding into a more serious charge or crime. These include:

• Reckless driving:
  Under RCW 46.61.500 of the Washington State Law, reckless driving is defined as driving any vehicle with a deliberate disregard for the safety of persons and property. Washington recognises reckless driving as a gross misdemeanor.
• Vehicular assault:
  Vehicular assault is considered a felony in Washington. Washington State Law describes vehicular assault as causing substantial bodily harm to a person while operating a vehicle (RCW 46.61.522).
• Vehicular homicide:
  Under RCW 46.61.520, this occurs when an individual causes the death of another person by being in control of a motor vehicle while driving recklessly, or being under the influence of drugs or alcohol.
• Attempting to elude police:
  Speeding or reckless driving while attempting to elude law enforcement officers is classified as a Class C felony, according to RCW 46.61.024.

Most speeding tickets issued are gross misdemeanors or civil infractions; however, felony charges can be applied to repeated offenders and could even result in license suspension or revocation.

Can a Speeding Ticket Become a Felony in Washington?

Exceeding the speed limit is never automatically considered a felony, no matter how fast you're going. However, other factors could be taken into account, which would aggravate the filed charges.

These factors include:

• Having a suspended license or a track record of speeding infractions.
• Driving at extreme speeds (e.g, 100+ mph in a 40mph zone).
• The driver's speeding causes severe harm or death to another individual.
• Speeding in school or construction zones.
• Driving while impaired by drugs or alcohol.

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

Under Washington law, speeding-related offenses are usually classified into three major categories:

• Infractions
• Misdemeanors
• Felonies

Infractions

In Washington, violating the speed limit is considered a civil infraction rather than a criminal charge. Civil infractions are usually punishable by paying fines or doing community service. Infractions do not result in jail time and do not leave a criminal record. However, they reflect on driving records and may affect insurance.

Misdemeanors:

Per RCW 9A.20.021, misdemeanors are criminal offenses punishable by up to 90 days in a county jail, a fine of up to $1,000, or both. Misdemeanors are considered more serious than infractions but less severe than felonies.

They are grouped into Class A, B, and C, with Class A being considered the most serious misdemeanours. Gross misdemeanors could lead to harsher punishments, such as a year in jail and a $5,000 fine.

Felonies:

In Washington, felonies are criminal charges arising based on driving consequences. Felonies are considered the most serious offences and occur when a person commits vehicular assault or homicide.

Penalties for Felony Speeding Tickets in Washington

Per the Washington State Law, felony speeding tickets are only given out when a driver causes another individual bodily harm or commits vehicular homicide. Hence, license revocation and DMV consequences only apply in the event of vehicular assault or homicide. Typical penalties for a felony charge in Washington include:

• Fines of up to $50,000.
• Lifetime imprisonment or 10 years' jail time.
• License revocation for up to 2 years.

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

Washington speeding infractions typically remain on file for at least 3 years. They can remain on record for as long as 5 years for more serious offenses. Generally, anyone can access driving records. Consequently, traffic infraction or misdemeanor records that are less than 5 years old typically show up and can affect driving-related job applications. Washington state regards traffic court records as public documents, and as such, allows interested parties to search the Washington traffic court records for the records of any individual they may require.

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

No, speeding tickets cannot be expunged from one's driving record in Washington. This is because they are considered civil infractions, and only criminal records can be expunged in Washington. The Washington State Department of Licensing (DOL) keeps driving records for a retention period of 3-5years, depending on the severity of the offense.

Although speeding tickets cannot be expunged, Washington law allows for the vacation of a conviction for certain criminal offenses, where the records are marked as "dismissed" in court records. However, to be eligible for a vacation of conviction, offenders need to fulfill conditions such as:

• Completion of sentence conditions (e.g, jail time, fines, probation, community service)
• Have no pending or subsequent criminal charges
• The offense is not DUI-related
• No previous criminal offenses have been vacated

Once these conditions are fulfilled, you may be eligible for a vacation of conviction.

Washington State typically keeps infractions or misdemeanor sentences on record for 3-5years. Speeding tickets in Washington can affect a driver's record by 3-5 demerit points.

Repeat traffic offenders with more than three traffic tickets are more likely to have their license suspended. Moreover, insurance companies charge higher premiums for repeat traffic offenders with a history of frequent speeding tickets.