Criminal speeding is a serious traffic violation that goes beyond the scope of a simple speeding ticket. While most speeding tickets are considered civil infractions that result in fines and points, certain speeding behaviors cross the line into criminal territory. In these cases, drivers may face misdemeanor or even felony charges, with penalties including jail time, probation, steep fines, license suspension, and a permanent criminal record. Understanding what constitutes criminal speeding in your state is essential to avoid life-altering consequences and to stay safe on the road.
What Is Criminal Speeding?
Criminal speeding refers to driving at such excessive speeds that the violation is treated as a crime rather than a traffic infraction. The threshold that turns speeding into a criminal offense varies widely by state. Some states define criminal speeding by specific numeric thresholds, such as going more than 20 miles per hour over the posted limit or exceeding a certain absolute speed like 85 mph or 100 mph. Others categorize it under reckless or negligent driving when the driver’s behavior endangers people or property. In some places, speeding in a school or construction zone can also be elevated to a criminal charge.
Why Criminal Speeding Matters
The consequences of a criminal speeding charge are far more severe than those of a standard ticket. A conviction can result in jail time ranging from days to months, probation, high fines that may exceed $1,000, and license suspension. It also creates a criminal record that can impact employment, housing, immigration status, and professional licensing. Insurance rates almost always skyrocket after such a conviction. Drivers need to know the laws in their state and be aware of the speeds that could push them into criminal territory.
National Overview
Most states have statutes that define reckless driving, and in many cases, criminal speeding falls under this category. While the exact penalties and thresholds vary, the pattern is fairly consistent: minor speeding is treated as a civil infraction, but speeds that exceed 20 to 30 miles per hour over the limit, or above a set absolute threshold such as 85 or 100 mph, are often criminalized. Some states also add harsher penalties for speeding in sensitive areas like school zones, business districts, and construction zones. Repeat offenders or drivers who cause accidents while speeding can face felony charges in some jurisdictions.
State-by-State Breakdown of Criminal Speeding
Below is a state-by-state summary of how criminal speeding is defined across the United States. Some states list clear thresholds, while others rely on reckless driving statutes. Here’s your state-by-state criminal speeding table updated with anchor-style citations to the primary statutes for the states that have clearly codified thresholds.
| State | Criminal/Excessive Speed Threshold | Charge Label | Primary Source |
|---|---|---|---|
| Alabama | No fixed number; reckless if endangering | Reckless driving (misdemeanor) | — |
| Alaska | No numeric threshold; reckless/negligent | Reckless/negligent | — |
| Arizona | 35+ in school zone, 20+ over in business/residential, 85+ anywhere | Criminal speed (Class 3 misdemeanor) | A.R.S. § 28-701.02 |
| Arkansas | Excessive = reckless | Reckless driving | — |
| California | 100+ mph is infraction; criminal only if reckless | Reckless driving | CVC § 22348(b), § 23103 |
| Colorado | 25+ mph over limit = misdemeanor; higher in work zones | Misdemeanor speeding | C.R.S. § 42-4-1101, § 42-4-1701 |
| Connecticut | No fixed numeric; reckless if endangering | Reckless driving | — |
| Delaware | No fixed numeric; reckless if endangering | Reckless driving | — |
| Florida | 50+ mph over limit = enhanced criminal penalties | Reckless driving / criminal speeding | Fla. Stat. § 316.1926(2) |
| Georgia | “Super Speeder”: 75+ two-lane or 85+ anywhere (adds surcharge); reckless possible | Reckless driving (misdemeanor) | O.C.G.A. § 40-6-189 |
| Hawaii | No numeric threshold; reckless | Reckless driving | — |
| Idaho | No numeric threshold; reckless | Reckless driving | — |
| Illinois | 26–34 over = Class B misdemeanor; 35+ over = Class A misdemeanor | Criminal speeding | 625 ILCS 5/11-601.5 |
| Indiana | Excessive = reckless | Reckless driving | — |
| Iowa | Excessive = reckless | Reckless driving | — |
| Kansas | Excessive = reckless | Reckless driving | — |
| Kentucky | Excessive = reckless | Reckless driving | — |
| Louisiana | Excessive = reckless | Reckless driving | — |
| Maine | 30+ mph over limit = criminal traffic offense | Criminal traffic (misdemeanor) | 29-A M.R.S. § 2074(3) |
| Maryland | 20+ mph over may be criminal; reckless/negligent statutes apply | Reckless/negligent | Md. Code Transp. § 21-901.1 |
| Massachusetts | Excessive = negligent/reckless | Negligent/reckless | — |
| Michigan | Excessive = reckless | Reckless driving | — |
| Minnesota | 100+ mph = misdemeanor, automatic license suspension | Criminal speeding | Minn. Stat. § 169.14(2a) |
| Mississippi | Excessive = reckless | Reckless driving | — |
| Missouri | 20+ mph over = Class B misdemeanor | Criminal speeding | Mo. Rev. Stat. § 304.010 |
| Montana | Excessive = reckless | Reckless driving | — |
| Nebraska | Excessive = reckless | Reckless driving | — |
| Nevada | Excessive = reckless | Reckless driving | — |
| New Hampshire | Excessive = reckless | Reckless driving | — |
| New Jersey | Excessive = reckless | Reckless driving | — |
| New Mexico | Excessive = reckless | Reckless driving | — |
| New York | Excessive speed may be reckless (misdemeanor) | Reckless driving | VTL § 1212 |
| North Carolina | 15+ mph over limit or >80 mph = Class 3 misdemeanor | Criminal speeding | G.S. § 20-141(j1) |
| North Dakota | Excessive = reckless | Reckless driving | — |
| Ohio | Excessive = reckless | Reckless driving | — |
| Oklahoma | Excessive = reckless | Reckless driving | — |
| Oregon | 100+ mph = enhanced penalties; often reckless driving | Criminal speeding / reckless | ORS § 811.111, § 811.140 |
| Pennsylvania | Excessive = reckless | Reckless driving | — |
| Rhode Island | Excessive = reckless | Reckless driving | — |
| South Carolina | Excessive = reckless | Reckless driving | — |
| South Dakota | Excessive = reckless | Reckless driving | — |
| Tennessee | Excessive = reckless | Reckless driving | — |
| Texas | Excessive = reckless (willful disregard) | Reckless driving | Transp. Code § 545.401 |
| Utah | Excessive speed = reckless or racing | Reckless/racing | Utah Code § 41-6a-528 |
| Vermont | Excessive = negligent/reckless | Negligent/reckless | — |
| Virginia | 20+ mph over limit or >85 mph = Class 1 misdemeanor | Reckless driving | Va. Code § 46.2-862 |
| Washington | No fixed numeric; 100+ mph often charged as reckless | Reckless driving | RCW § 46.61.500 |
| West Virginia | Excessive = reckless | Reckless driving | — |
| Wisconsin | Excessive = reckless | Reckless driving | — |
| Wyoming | Excessive = reckless | Reckless driving | — |
| District of Columbia | Excessive = reckless | Reckless driving | D.C. Code § 50-2201.04 |
| Puerto Rico | Excessive = reckless | Reckless driving | PR Traffic Code |
Common Patterns Across States
While the numbers vary, some clear patterns emerge across the U.S. First, exceeding the limit by 20 to 30 mph is a common trigger for misdemeanor charges in many states. Second, absolute thresholds such as 85 mph, 90 mph, or 100 mph often serve as bright lines where criminal penalties begin. Third, special zones like school crossings and construction areas lower the threshold significantly, meaning speeds that might otherwise be civil infractions become criminal offenses. Finally, repeat offenders, drivers involved in crashes, and those combining speed with other dangerous behaviors such as racing are at much greater risk of facing criminal prosecution.
Penalties for Criminal Speeding
Penalties vary, but they often include fines from several hundred to several thousand dollars, license suspension or revocation, probation, and jail time ranging from days to a full year for misdemeanor offenses. Felony reckless driving or vehicular assault charges related to excessive speed can result in prison time. Beyond the immediate penalties, drivers also face steep insurance rate increases, potential job loss, and long-term impacts of a criminal record.
Defending Against Criminal Speeding Charges
Defenses may include challenging the accuracy of radar or pacing, questioning calibration of equipment, or showing that conditions did not amount to reckless behavior. In some cases, lawyers can negotiate to reduce charges to civil infractions or to lesser non-criminal offenses. However, because criminal speeding is taken very seriously, especially in states with strict statutes, drivers facing such charges should seek experienced legal representation.
Conclusion
Criminal speeding laws vary across the United States, but the consequences are severe everywhere. States like Arizona, North Carolina, Virginia, Illinois, and Maine have clearly defined numeric thresholds, while others rely on reckless driving statutes to criminalize excessive speed. Common triggers include driving more than 20 mph over the limit, driving faster than 85 or 100 mph, or speeding in school and construction zones. The penalties range from fines and points to jail time and a permanent criminal record. Understanding these thresholds is essential for drivers in every state. If charged with criminal speeding, consulting an attorney immediately is crucial. Staying informed, driving responsibly, and respecting posted limits are the best ways to avoid life-changing consequences.