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How Much over the Speed limit is a Felony in Massachusetts?
Massachusetts does not classify speeding violations as felonies unless there are aggravating factors. Chapter 90, § 17 of Massachusetts General Laws categorizes speeding as civil Infractions, while Chapter 90, § 24(2)(a) categorizes speeding as a misdemeanor involving reckless or negligent driving.
In Massachusetts, the following statutory speed limits apply to individuals driving on public roads:
- Thickly settled or business district within municipalities- 25 mph
- Thickly settled or business district not part of a municipality - 30 mph
- Undivided highway outside of a thickly settled or business district - 40 mph
- Divided roads outside of a thickly settled or business district - 50 mph.
Massachusetts law also specifies 20 mph for school and safety zones, as well as 65 mph on rural freeways and interstates.
Is Speeding a Felony in Massachusetts?
No, speeding is generally not a felony in Massachusetts unless it involves criminal behavior. Speeding in Massachusetts is an infraction (or misdemeanor if i involves reckless or negligent driving). Still, it may result in felony charges if it involves reckless or intoxicated driving, resulting in injury or death. A speeding citation in Massachusetts may become a felony if it:
- Leads to bodily injury or death
- Involves dangerous actions such as racing or stunting
- The driver is speeding due to drug or alcohol intoxication
- The violator is a habitual or repeat offender.
Can a Speeding Ticket Become a Felony in Massachusetts?
Yes, a Massachusetts speeding ticket may elevate to a felony. While Massachusetts laws classify most speeding offenses as infractions or misdemeanors, they may evolve to felony charges under certain circumstances. In Massachusetts, a speeding citation may escalate to a felony-level offense if:
- The speeding causes serious bodily injuries
- It involves a crash that results in fatalities
- The offender was operating a vehicle while under the influence and causing injuries or death
- The speeding results in the death of another person due to reckless driving
- The driver causes injuries or death while speeding to evade the police.
Types of Speeding Tickets in Massachusetts: Infraction, Misdemeanor, or Felony
Massachusetts law classifies speeding offenses into three categories: infractions, misdemeanors, and felonies. These classifications depend on the severity of the violation, the circumstances surrounding the offense, and the outcome of the speeding. The table below breaks down the various classes of speeding violations in Massachusetts.
Category | Details |
---|---|
Infractions | Civil infractions are non-criminal speeding offenses. Drivers commit them by exceeding the speed limit without causing harm or endangering the public. Speeding infractions in Massachusetts are civil offenses that attract administrative penalties such as fines, points on a license, and insurance surcharges |
Misdemeanors | Massachusetts classifies speeding as a misdemeanor if it involves reckless or negligent driving that endangers others or disregards public safety. For instance, speeding to evade the police or driving at mph while weaving through traffic is a misdemeanor in Massachusetts |
Felony | In Massachusetts, a speeding citation is a felony involving bodily injury, fatality, or criminally negligent behavior. For example, speeding while intoxicated and causing injuries or death is a felony in Massachusetts. |
Penalties for Felony Speeding Tickets in Massachusetts
A felony conviction for speeding in Massachusetts may result in severe and long-lasting consequences. In Massachusetts, a felony conviction may result if speeding is combined with motor vehicle homicide, negligent driving causing serious bodily injuries, or manslaughter as a result of driving while under the influence. Beyond fines and license suspension, the criminal penalties for felony conviction for speeding in Massachusetts may include other serious ramifications. These penalties include:
- 18 months to 10 years in prison
- Fines ranging between $5,000.00 and $20,000.00
- Automatic 2 years to a lifetime license suspension by the Massachusetts Registry of Motor Vehicles (RMV)
- Permanent criminal record, which may affect employment, insurance rates, and housing.
How Long Does a Speeding Ticket Stay on Your Record in Massachusetts?
In Massachusetts, a speeding ticket stays on official records for 6 years from the date of conviction. This timeframe applies to speeding infractions and is used by the Massachusetts Registry of Motor Vehicles to assess enforcement actions and penalties for repeat offenses. Nevertheless, the impact period for speeding citations in Massachusetts may be shorter than the retention period. In Massachusetts, insurance companies use a 5-year lookback period for moving violations when calculating premiums. After this timeframe, the impact of speeding violations on insurance rates diminishes.
However, serious offenses such as repeat violations and felony citations may remain on records for extended periods. Nonetheless, successfully contesting Massachusetts traffic court records may prevent them from appearing on official driving records. Additionally, attending driver training programs may reduce the risk of future license suspension.
Can a Speeding Ticket Be Expunged from Your Record in Massachusetts?
In Massachusetts, civil infraction speeding tickets do not qualify for expungement. Regardless of the offender's age, a speeding infraction in Massachusetts remains on records for 6 years, though its impact diminishes after this timeframe. However, Massachusetts General Laws Chapter 276, Sections 100E through 100U grant individuals the right to petition for the expungement of their speeding tickets after 3 years (for misdemeanors) or 5 years (for felonies) if such violations qualify as misdemeanor or felony criminal records.
A Massachusetts speeding ticket may also qualify for expungement due to a mistaken identity. Eligible individuals seeking expungement for speeding tickets in Massachusetts must petition the Massachusetts Commissioner of Probation or the court responsible for the prosecution, although there is no guarantee of approval. Additionally, there is no preferential treatment for minors. However, the court may be lenient with dismissals if the offenders have no previous violations.
