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How Much over the Speed limit is a Felony in Tennessee?
In Tennessee, no standalone speeding threshold automatically turns a speeding violation into a felony. According to Tennessee Code Annotated (T.C.A.) § 55-8-152, a speeding offense is a civil or Class C misdemeanor. However, speeding citations may evolve into felony charges involving aggravating factors or criminal behavior. For instance, a speeding citation in Tennessee may result in felony-level charges if it involves actions such as eluding law enforcement, causing injury, or resulting in a fatality.
Is Speeding a Felony in Tennessee?
No, speeding alone is not a felony in Tennessee. According to Tennessee law, speeding is classified as a civil infraction or a Class C misdemeanor. Notwithstanding, a Tennessee speeding offense may be elevated to a felony if it involves certain aggravating factors. In Tennessee, a speeding violation may escalate to a felony if it:
- Leads to serious bodily injury due to (vehicular assault)
- Involves a fatal crash (vehicular homicide)
- Places others at substantial risk of death or injury (reckless endangerment)
- The driver is fleeing from law enforcement at high speeds (evading arrest).
Can a Speeding Ticket Become a Felony in Tennessee?
Yes, a Tennessee speeding ticket may escalate to felony charges. While the State typically categorizes speeding offenses as infractions or Class C misdemeanors, specific circumstances and conditions may elevate them to felonies. A speeding ticket in Tennessee may result in felony charges if:
- The driver speeds to elude the police
- Speeding endangers others, as seen in reckless endangerment cases. For instance, speeding in a school or construction zone may result in felony charges.
- The speeding results in injury, leading to charges of vehicular assault
- The speeding results in a fatal crash, resulting in charges of vehicular homicide
- The driver participated in street racing or exhibition driving that resulted in injury or death
- The driver is under suspension and engages in speeding that endangers others.
Types of Speeding Tickets in Tennessee: Infraction, Misdemeanor, or Felony
Speeding offenses in Tennessee are classified into several categories. These classifications depend on the circumstances surrounding the offenses or the presence of aggravating factors, which determine the penalties for specific citations. In Tennessee, three classes of speeding offenses exist: infraction, misdemeanor, and felony. The penalties for speeding in Tennessee are on a sliding scale, depending on the severity of the offense. The table below outlines the types of speeding offenses in Tennessee and their differences.
| Offense Type | Example | Offense Classification | Possible Penalties |
|---|---|---|---|
| Infraction | Driving 15 mph over the limit on highways without endangering others | Civil | Fines and points on licenses |
| Misdemeanor | These involve speeding with disregard for public safety. For example, reckless speeding in a school or construction zone | Criminal | Fines Points on record Possible license suspension Potential jail time |
| Felony | This includes criminal behavior in addition to Speeding. For instance, speeding while under the influence and causing injury or death | Criminal | Fines License revocation Jail time (longer than that for misdemeanors) Criminal records. |
Penalties for Felony Speeding Tickets in Tennessee
The penalties for felony speeding citations in Tennessee vary according to the class of felony. Typically, a felony speeding offense in Tennessee results in an automatic license revocation, fines, and jail time. However, the size of the fine, duration of license revocation, and length of incarceration depend on the classification.
The table below outlines the penalties for felony speeding in Tennessee
| Speeding Offense | Felony Class | Fine | License Revocation | Prison Term |
|---|---|---|---|---|
| Reckless speeding leading to serious injury (vehicular assault) | Class D | Up to $5,000.00 | 1 year | 2 to 12 years |
| Speeding resulting in a fatality (vehicular homicide) | Class B | Up to $25,000.00 | 3 to 10 years | 8 years to 30 years |
| Speeding while under the influence, leading to aggravated vehicular homicide | Class A | Up to $50,000.00 | Minimum of 10 years | 15 to 60 years |
| Speeding to evade arrest | Class E | Up to $3,000.00 | 1 year | 1 to 6 years |
| Habitual speeding offender | Class E | Up to $3,000.00 | Permanent revocation | 1 to 6 years. |
In addition to these penalties, a felony conviction for speeding in Tennessee may result in a permanent criminal record that may impact job opportunities, housing, and insurance rates.
How Long Does a Speeding Ticket Stay on Your Record in Tennessee?
A Tennessee speeding ticket may remain on record in several ways and timeframes. The Tennessee Motor Vehicle Record (MVR) maintains convictions and license actions for 3 or 10 years. This means that a speeding ticket will be publicly accessible for three years and points on licenses for 5 years. Notwithstanding, these records remain permanently in internal files and are only accessible to authorized entities.
Tennessee insurance companies typically apply a 3-year lookback period, which may extend to 5 years or more (depending on the offense's severity) when setting coverage rates. During these timeframes, speeding tickets may significantly influence how much a driver pays for auto coverage.
In Tennessee, drivers may remove up to 5 points from one speeding citation every 4 years by taking a 4-hour TDOSHS-approved Driver Education Course within 90 days of their convictions. Furthermore, offenders may contest Tennessee traffic court records at the courts, and if successful, the tickets will not appear on their records.
Can a Speeding Ticket Be Expunged from Your Record in Tennessee?
In Tennessee, expunging speeding tickets from records depends on whether they are infractions or criminal offenses. Tennessee does not expunge infractions (civil violations). However, individuals may pursue expungement for speeding citations that resulted in criminal convictions, such as reckless speeding (or endangerment), and felonies after 5 years or more after completing their sentences. Furthermore, individuals may petition the courts to remove Tennessee speeding tickets from their records if their citations result in dismissal, nolle prosequi, or no charge.