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

In Maryland, there is no specific speed threshold at which being over the speed limit leads to a felony offense. Overspeeding in Maryland is a civil infraction and not a criminal one. Speeding, however, can contribute to felony-level charges in certain circumstances, including:

• Vehicular Manslaughter or Criminally Negligent Homicide: This is when the speeding infraction leads to death or serious injury, which can lead to felony charges. For example, as found in MD Code, Criminal Law § 2-209, Manslaughter by Vehicle is regarded as a form of Gross Negligence.
• Fleeing and Eluding Police: This is fleeing or attempting to escape in a vehicle if the attempt leads to bodily injury or death, or there is a prior conviction under the same statute as defined in MD Code, Transportation § 21-904(b).

Note: Speeding only triggers these charges when it is 30+MPH over the limit.

Is Speeding a Felony in Maryland?

Speeding in Maryland by itself is not a felony, as speed infractions in the state are considered to be civil infractions. Speeding infractions typically result in a fine, ticket, or license points, rather than jail time or a criminal record, as they are not classified as misdemeanors or felonies. However, speeding can lead to felony charges in some instances, such as:

• Vehicular manslaughter: When speeding results in a crash that leads to a person's death
• Fleeing from the Police: When a driver speeds away from law enforcement officers through a crowded area, this can lead to a fleeing and eluding charge

Can a Speeding Ticket Become a Felony in Maryland?

A speeding ticket in Maryland is generally a civil infraction. However, it can escalate into a felony charge through aggravating factors, leading to a more serious or dangerous act. Examples of aggravating factors that can transform a speeding ticket into a felony include:

• Driving at extreme speeds and endangering others may be seen as grossly negligent or reckless.
• Speeding in a Construction or School zone that leads to injury or death in these zones
• Speeding due to an impromptu or organized street race involving high speeds can result in felony reckless endangerment charges if it leads to injury or death of persons.
• Repeat violations or prior convictions can lead to judges imposing jail time or prosecutors pursuing criminal or felony charges in the future.

Note that factors that can lead to a speeding ticket becoming a felony are not just how fast the driver drove, but other factors, such as intentional risky behaviour associated with the speed. Examples of these different factors could be speeding on wet roads, during dangerous weather, or near pedestrians.

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

Maryland classifies speeding-related offenses as an infraction, misdemeanor, or felony as follows:

Penalties for Felony Speeding Tickets in Maryland

Persons in Maryland convicted of a felony level speeding offense may face the following criminal penalties if convicted:

• Jail or Prison Time:
  • Criminally Negligent Manslaughter through a Vehicle leads to 5 years imprisonment (Maryland Criminal Law § 2-210)
  • Manslaughter by a Vehicle leads to 10 years in prison for a first offense and up to 15 years for a repeat offender (Maryland Criminal Law § 2-209)
  • Fleeing and eluding the police, such that the chase causes injury or death, can lead to a felony prosecution (Maryland Criminal Law § 21-904)
  • Homicide by a vehicle while impaired can lead to felony terms of five years for the first offense and up to ten years for a repeat offense (Maryland Criminal Law § 2-503)
• Fines:
  • Up to $5,000 for first-time impaired driving or vehicular manslaughter leading to a homicide
  • Up to $10,000 for repeat offenses
  • The judge may, at their discretion, add court costs and victim restitution
• License Suspension or Revocation:
  • Felony conviction resulting in serious injury or death leads to automatic MVA review, which almost always ends up with a license revocation of 1 - 3 years

• Points on the Driver's License:

  • Felony convictions do not have points under the Motor Vehicle Administration (MVA) point system, but the related infractions, such as DUI or reckless driving, do
  • 8 points will lead to a suspension of the vehicle, and 12 points will lead to the revocation of driving privileges

• Permanent Criminal Record:

  • Felony criminal records stay on a driver's record indefinitely unless expunged

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

Under Maryland Transport § 16-117.1, a driving-related conviction, such as a speeding ticket, remains on the driver's official MVA record until it is expunged. If the driver has never had a driver safety suspension or revocation, it is expunged automatically three years after the violation date. Persons with one driver safety suspension become eligible five years after the violation date. Also, a person with multiple suspensions who has had a revocation in the past becomes eligible ten years after the violation date.

MVA Points assessed for speeding stay on the driver's record for two years from the violation date and remain part of their public driving record for up to three years unless they are expunged, even if they are not counted towards suspension.

Most insurance companies in Maryland generally look back three years. They use the MVA's three-year record window for rates, and thus, insurers will lose access to the records once the MVA expunges them.

Court records are public and do not disappear automatically until they are expunged. Before expungement, interested people can still view these records. Interested persons can visit the Maryland Traffic Court Records for more information.

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

Per MD. Transp. § 16-117.1, the MVA automatically removes speeding ticket violation records after three years for:

• Persons who have no prior safety suspensions or revocations, five years for persons with one safety suspension, and ten years for persons with multiple suspensions or any revocation
• Persons with active or pending safety revocation, suspension, cancellation, or serving an ignition lock requirement

The following persons are not eligible:

• Persons with specific serious entries, such as speed citations tied to a DWI
• Persons who fail to stop after a fatal car crash

For moving violations involving juveniles and heard in juvenile court, records are automatically expunged after the court closes the case without a waiting period.