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

Mississippi does not establish a specific miles-per-hour threshold for classifying speeding offenses as felonies. However, felony charges may arise from a speeding citation if the offense is part of a more serious crime. For instance, speeding to evade law enforcement officers in Mississippi may result in felony charges due to reckless endangerment and disregard for public safety. Furthermore, several other factors can elevate a speeding ticket to felony charges:

• Speeding while under the influence of alcohol or drugs
• Speeding involving death or injury to others
• Speeding with a suspended or revoked license.

Is Speeding a Felony in Mississippi?

Mississippi speeding violations are infractions or misdemeanor offenses unless aggravating factors elevate them to felony charges. Mississippi Motor Vehicles and Traffic Code § 63-3-501 classifies speeding as a misdemeanor. However, a speeding citation in Mississippi may become a felony if the offense causes danger to others, results in harm, or includes criminal behavior.

In Mississippi, driving a few miles over the speed limit may typically result in fines or points on a license (and not criminal charges). However, factors such as evading the police, repeat DUI violations, vehicular manslaughter, and child or vulnerable persons endangerment may result in felony charges for a speeding offense in Mississippi.

Can a Speeding Ticket Become a Felony in Mississippi?

Yes, a speeding ticket can elevate to a felony in Mississippi. While Mississippi Code Annotated § 63-9-11 typically classifies speeding violations as misdemeanors, several aggravating factors can elevate them to felony offenses. Speeding alone does not lead to a felony designation; instead, the violation must include additional criminal behaviors to result in felony charges.

A speeding citation can become a felony in Mississippi if the offense involves:

• Extreme speed in residential or congested areas that leads to a crash, causing injuries or death
• Dangerous maneuvers resulting in injuries or the death of another person
• Speeding in an active school or construction zone
• A repeat offender with multiple previous violations
• Street racing or speed contests on public roads that result in a crash, causing injuries, property damage, or death
• Driving with a suspended or revoked license.

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

Under Mississippi laws, there are three classes of speeding-related offenses, each differing in severity and penalties. These categories are:

• Traffic Infractions
• Misdemeanors
• Felonies.

Traffic Infractions (Basic Speeding Violations)

A driver commits an infraction by driving over the posted speed limits according to Sections 63-3-501 and 63-3-505 of the Mississippi Code without any aggravating circumstances. Mississippi designates such offenses as civil infractions, and their penalties include fines and points on licenses.

Misdemeanors (Reckless Speeding)

Mississippi Code § 63-3-1201 classifies speeding violations that endanger lives and property as misdemeanor offenses. For instance, driving 100 mph in traffic, speeding through a school or construction zone, or participating in a street race in Mississippi is a misdemeanor offense that may result in up to 3 months in jail in addition to fines and license suspension.

Felony (Aggravated Speeding)

Speeding in Mississippi becomes a felony if it involves criminal behavior. For instance, a driver may face felony charges for speeding to evade law enforcement, while under the influence, with a suspended or revoked license, or causing injury or death. Felony charges for speeding violations in Mississippi attract more severe penalties than misdemeanors. For instance, beyond fines and license suspension, an offender may spend up to 25 years in jail for vehicular manslaughter.

Penalties for Felony Speeding Tickets in Mississippi

In Mississippi, the penalty for a felony speeding ticket depends on the severity of the offense. While basic speeding tickets typically attract fines and points on driving licenses, the consequences of felony charges are more severe and longer-lasting. The penalties for felony speeding tickets in Mississippi include:

• Up to 25 years of prison time. The length of the jail sentence depends on the aggravating factors. For instance, fleeing from law enforcement may attract a 5-year jail term, while aggravated DUI involving death or injury may result in 5 to 25 years' jail time
• Fines ranging between $5,000.00 to $10,000.00 (depending on the offense severity). Speeding offenses resulting in fatalities may result in fines of up to $10,000.00 per victim
• Up to 5 years' license revocation. For license reinstatement, the Mississippi Department of Public Safety may require offenders to complete driving school or alcohol treatment, obtain SR-22 coverage, and reapply for a new license.

Beyond the traditional penalties, a felony conviction for speeding in Mississippi may result in a permanent criminal record, which is accessible through background checks and may negatively impact:

• Employment
• Auto insurance premiums
• Housing choices
• Firearms or voting rights.

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

Under Mississippi laws, a speeding ticket remains permanently on the offender's driving record. However, its visibility and impact depend on the context.

Mississippi requires courts to report traffic convictions, including speeding citations, to the Mississippi Department of Public Safety (DPS) for permanent archiving. Despite this, enforcement agencies like the Mississippi Highway Safety Patrol may focus on violations within the previous three to five years to identify habitual or negligent driving. Furthermore, offenders may complete traffic safety courses to maintain their citations non-public for 10 years.

In Mississippi, insurance companies typically maintain a three—to five-year lookback period for assessing auto coverage risks. Consequently, the effect of a speeding ticket on insurance usually diminishes after five years. However, reckless speeding combined with a DUI violation or repeat offenses within a short timeframe may trigger a more extended review period.

The table below outlines the longevity of Mississippi traffic court records.

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

Mississippi does not allow the expungement of speeding citations or any traffic offense from records. However, some exceptions exist. Minors and first-time offenders may be eligible for defensive driving courses within 30 days of their citations. Completing these courses will result in dismissal and keep tickets off the records. Additionally, drivers may petition for expungement if their speeding charges result in dismissals or acquittals.

Although Mississippi speeding tickets remain permanently on the DPS database, their impact typically fades after a few years. For instance, the DPS and insurance companies disregard them after 5 years.