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

Under Ohio Revised Code § 4511.21(N)(1), a driver may be charged with a fourth-degree felony for exceeding the speed limit by 30 mph or more on freeways, or driving more than 25 mph in any other location. In addition to these specific speed thresholds, certain actions may escalate a speeding-related incident to a felony, including:

• Aggravated vehicular homicide or assault: Reckless driving or operating a vehicle impaired leading to injury or death triggers felony charges under vehicular assault (§ 2903.08) or vehicular homicide statutes (§ 2903.06)
• Felony fleeing or eluding: According to O.R.C. § 2921.331, it becomes a felony when the act of fleeing a police officer poses a risk of harm, results in injury or death, or involves repeat offenses.

Is Speeding a Felony in Ohio?

Yes, speeding may be a felony in Ohio when exceeding the speed limit by 30 mph or more on freeways or 25 mph or more in areas such as streets and rural highways. Beyond these specific speed thresholds, if speeding results in serious injury or the death of another person, it may contribute to felony charges.

It is important to note that most speeding tickets in Ohio are classified as minor misdemeanors and, at most, may be elevated to fourth- or third-degree misdemeanors, typically due to repeat violations or driving more than 35 mph in areas such as school or construction zones. However, speeding becomes a felony only at significantly higher speeds in certain areas, reflecting the serious risk such behavior creates.

Can a Speeding Ticket Become a Felony in Ohio?

Yes, a speeding ticket may become a felony in Ohio if:

• A driver exceeds the posted limits by 25 to 30 mph or more, depending on the road type
• Speed is combined with reckless or impaired driving, resulting in serious physical injury (vehicular assault) or death (vehicular homicide)
• The driver flees from law enforcement at high speed, causing harm to persons or property, or leading to the death of a person.

In such cases, speeding is no longer just a minor traffic violation, it becomes a criminal offense with serious legal consequences.

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

In Ohio, the severity of a speeding offense is factored based on speed, the location of the violation, and whether it results in injury or death to others. While most speeding tickets are minor misdemeanors, they may escalate to misdemeanor or felony crimes with life-altering penalties when excessive speed leads to serious harm or poses a significant danger to public safety.

The breakdown below outlines the different types of speed-related offenses under Ohio law.

Minor Misdemeanors

A traffic infraction in Ohio typically refers to a minor misdemeanor traffic offense. For instance, driving slightly over the posted speed limit without any aggravating factors is a minor misdemeanor in Ohio; a low-level criminal offense punishable by fines of up to $150.00 and the addition of 2 to 4 points on the driver's license, but does not include jail time.

Aggravated Misdemeanor

Under O.R.C. § 4511.21(B), speeding that poses greater danger due to location qualifies as an aggravated misdemeanor in Ohio. For instance, driving 45 mph in a 20 mph school zone during school hours is a misdemeanor offense. In addition, if a driver receives a second speeding citation within 12 months, the offense may be elevated to a fourth-degree misdemeanor. A third violation within the same timeframe is classified as a third-degree misdemeanor. Beyond fines, a misdemeanor charge for speeding in Ohio may result in jail time.

Felony Offense

Ohio law identifies two primary circumstances under which speeding may be a felony charge:

• Driving 30 mph or more over the speed limit on freeways, or 25 mph or more over the limit on other roads, is a fourth-degree felony
• Speeding that causes:
  • Injury (3rd or 4th degree felony)
  • Death (1st or 2nd degree felony), depending on intent and impairment.

Penalties for Felony Speeding Tickets in Ohio

The penalties for felony speeding tickets in Ohio depend on the magnitude of the offense. In addition to automatic license suspension, a felony conviction related to speed in Ohio may result in a permanent criminal record, potentially impacting employment prospects, insurance rates, and eligibility for government benefits. In cases involving more severe charges, such as vehicular assault or homicide, the penalties escalate significantly, often involving longer prison terms, higher fines, and mandatory parole.

The table below outlines Ohio's penalties for a felony conviction for speeding.

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

In Ohio, the BMV (Bureau of Motor Vehicles) records points assigned to a driver's license for speeding and keeps them active for 2 years from the date of the violation. However, if a driver accumulates 12 or more points within two years, the BMV automatically suspends the license for six months. Even though points fall off after two years, the speeding conviction remains on an official BMV record.

Insurance companies often review driving records for 3 to 5 years, and traffic tickets may affect premiums beyond the 2-year point period. Ohio traffic court records are part of criminal records and are accessible for background checks and legal tracking.

Offenders may remove 2 points from their record by completing a remedial driving course approved by the Ohio BMV. This option is available only once every 3 years and no more than 5 times a lifetime.

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

According to Ohio Revised Code § 2953.32(A)(1)(a), all traffic offenses (including speeding tickets) are not eligible for sealing or expungement. However, a narrow exception exists when multiple charges arise from the same incident. For instance, if a person is convicted of a single traffic offense (such as speeding), while all other related charges are dismissed, the individual may qualify to have the entire case, including the traffic conviction, sealed under O.R.C. § 2953.61(B).

In Ohio, points from a speeding ticket drop off after two years, but the offense remains permanently on the official BMV record. Insurance companies may review it for 3 to 5 years, potentially leading to higher rates. Completing a remedial driving course or successfully challenging a ticket may reduce existing points or prevent them from being added to the record.