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

In Idaho, driving over the speed limit does not constitute a felony offense. Instead, speeding violations can result in infractions or escalate to misdemeanor reckless driving under Idaho Code § 49-1401. However, speeding offenses in Idaho may lead to a felony charge if they result in injury or death to others. Also, fleeing law enforcement becomes a felony if the driver exceeds the posted speed limit by 30 mph or more or drives in a manner likely to endanger others.

Idaho Code § 49-654 sets maximum speed limits and prohibits operating a vehicle on a highway at an unsafe or unreasonable speed given the current conditions and any existing or potential hazards. Driving 1 to 15 mph over the limit or going 16 mph or more is an infraction that carries fixed fines, 3 to 4 DMV point penalties, and no jail time. Penalties for misdemeanor charges carry higher fines, potential jail time (up to 6 months), and license suspension.

Is Speeding a Felony in Idaho?

In Idaho, speeding alone is generally not considered a felony offense. Speeding violations fall under civil infractions and misdemeanor offenses. However, speeding becomes part of a felony charge when it involves:

• Aggravated driving while under the influence of alcohol, drugs, or other intoxicating substances
• Fleeing or attempting to elude a peace officer while driving 30 mph over the speed limit, causing injury or property damage to another.
• Vehicular manslaughter; negligent speeding causing the death of another person.

Can a Speeding Ticket Become a Felony in Idaho?

Yes, several contributing factors can impact whether a speeding ticket is a minor infraction or rises to a serious misdemeanor or even a felony offense. In Idaho, the legal outcome of a speeding violation depends on more than just the driver's speed. Instead, some aggravating factors may escalate a speeding ticket to a felony charge if:

• Speeding results in vehicular manslaughter
• The driver's reckless driving causes serious injury to others
• The driver intentionally flees from police at high speed

Other surrounding factors that may influence the legal outcome of a speeding violation include the location of the offense, such as a school zone, construction area, or residential neighborhood, and if the driver is a repeat offender.

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

Under Idaho law, speeding-related offenses fall into three main legal categories: infractions, misdemeanors, and felonies. Each category is defined by the type of violation, the degree of risk or harm caused, and the corresponding penalties. Below is a breakdown of the types of speed-related offenses in Idaho.

Infractions

A civil offense for exceeding the posted speed limit (under Idaho Code § 49-654) without displaying reckless or dangerous conduct. The penalties for infractions include fines ranging from $90.00 to $155.00 and 3 to 4 DMV points.

Misdemeanor speeding offense

It is a more serious violation, often classified as a criminal offense. In Idaho, a speeding offense may escalate from a basic speeding ticket to a misdemeanor if speeding occurs alongside reckless actions, disregard for safety, or a repeated offense. For instance, a driver may be guilty of a misdemeanor by driving 25–30 mph or more over the limit in a school zone or a construction area. Misdemeanors may result in a $1,000.00 fine, possible license suspension, and up to 6 months in prison.

Felony offense

Speeding in Idaho may become a felony if it results in serious injury, death, or evasion from law enforcement. Felony convictions can result in consequences that may significantly impact a person's life.

Penalties for Felony Speeding Tickets in Idaho

In Idaho, a felony conviction related to driving, such as felony eluding (fleeing law enforcement), aggravated reckless driving, or vehicular manslaughter, can lead to serious DMV consequences beyond criminal penalties. Some penalties for a felony speeding ticket include heavy fines, jail time, DMV points, and long-term or permanent loss of driving privileges.

Under Idaho law, felony convictions can lead to mandatory driver's license suspension or revocation and additional DMV penalties, such as high-risk insurance requirements, reinstatement fees, and commercial driver's license (CDL) disqualification. The table below outlines the penalties for a felony conviction for speeding in Idaho.

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

Under Idaho DMV regulations, a speeding ticket generally stays on a driver's record for three years from the date of the violation. Misdemeanor or felony charges may remain for five years or permanently, depending on the severity of the offense. Insurance companies have a 3 to 5-year lookback period to calculate premiums and assess risk. Some insurers may look back up to 7 years, especially for serious violations.

Idaho permits drivers to voluntarily remove up to 3 points from their record by completing an Approved Defensive Driving Course once every three years. Points drop off after 3 years, but the complete record may still be visible to insurance providers and law enforcement.

Note: Idaho traffic court records are publicly accessible, but access depends on the record type and applicable rules under Idaho Court Administrative Rule 32.

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

Most speeding tickets in Idaho are not eligible for sealing or expungement because they are civil violations regulated by DMV procedures rather than criminal statutes. They remain on a driving record for 3 years unless the offender takes a defensive driving course to remove up to 3 DMV points once every 3 years. However, if speeding results in misdemeanor or felony convictions, they become criminal offenses and generally cannot be expunged unless the offender receives a pardon from the Idaho Commission of Pardons and Parole. Under Idaho Code § 67-3004(10), only dismissed cases and those without a conviction may be eligible to petition for expungement.