How Much over the Speed limit is a Felony in West Virginia?

West Virginia law does not set a specific mile per hour over which excessive speeding may become a felony. Instead, speeding-related offenses are classified as traffic infractions or, at most, misdemeanors under the West Virginia Code § 17C-5-1 and § 61-5-17. Felony charges related to speeding almost always depend on aggravating circumstances beyond simple excess speed.

Speed limits in West Virginia vary depending on the area and type of road:

• Residential Areas: 25 mph unless otherwise posted.
• Highways: Ranges from 55 to 70 mph.
• School Zones: 20 mph during school hours.

The penalties for a speeding ticket may also depend on how much over the speed limit the driver was going. They range from fines to license suspension and DMV point deductions, as provided in West Virginia Code §17C-6-1.

Is Speeding a Felony in West Virginia?

Most speeding tickets in West Virginia are treated as civil infractions or misdemeanors, with penalties like fines and possibly short jail terms for repeat reckless driving. Under WV Code § 17C-5-3, reckless driving, driving with willful or wanton disregard for safety, is a misdemeanor, punishable by jail (5–90 days for the first offense; 10 days to 6 months for repeats), and up to 6 months if serious injury occurs.

However, speeding alone doesn't usually lead to a felony charge. When extreme speeding results in a death, West Virginia law classifies it as negligent homicide under WV Code § 17C-5-1(a), a misdemeanor punishable by up to one year in jail and a fine up to $1,000.

If the prosecutor can show that the driver operated with deliberate disregard for safety, the charge escalates to aggravated vehicular homicide, a felony carrying 1–5 years in prison and fines up to $20,000 under WV Code § 17C-5-1(c). The key difference is the presence of a willful, reckless behavior demonstrating blatant disregard for human life.

Can a Speeding Ticket Become a Felony in West Virginia?

A standard speeding ticket can escalate to a felony charge in West Virginia under specific circumstances. The transformation from a civil infraction to a felony depends on various aggravating factors that demonstrate a higher level of criminal intent or result in serious consequences. Common situations that may elevate a speeding violation to felony status include:

• Causing serious injury or death: When excessive speeding results in serious bodily injury or death to another person, the charges may be elevated to vehicular manslaughter or negligent homicide
• Reckless endangerment: Driving at extreme speeds that demonstrate willful disregard for public safety
• Fleeing or evading police: Combining excessive speeding with attempts to evade law enforcement
• Street racing: Participating in illegal speed contests that result in injury or death
• Repeat offenses: Multiple serious speeding violations combined with other traffic offenses
• Driving under the influence: Combining excessive speeding with alcohol or drug impairment

The key factor in determining felony charges is not solely the speed over the limit, but rather the totality of circumstances surrounding the incident. West Virginia courts evaluate the driver's conduct, the danger posed to public safety, and the resulting harm when determining appropriate charges.

Types of Speeding Tickets in West Virginia: Infraction, Misdemeanor, or Felony

West Virginia classifies speeding-related offenses into three distinct categories based on severity and circumstances:

Infractions

Standard speeding violations in West Virginia are classified as civil infractions. These non-criminal violations result in fines and points on the driver's license but do not carry jail time. Speeding 15 mph or more above the posted speed limit carries 5 points on the driver's license. Convictions for speeding violations ten miles per hour or less over the speed limit committed on an interstate or other controlled access highway are exempt from being reported to the Division of Motor Vehicles for non-commercial drivers.

Misdemeanors

Speeding violations may be classified as misdemeanors when they involve reckless driving or present a significant danger to public safety. Reckless driving convictions carry five to 90 days in jail and/or $25 to $500 in fines for first-time offenders. A first reckless driving offense will result in up to 90 days in prison and/or $25 to $500 in fines, with six demerit points added to the driver's record.

Misdemeanor speeding charges typically involve:

• Excessive speeding that demonstrates reckless disregard for safety
• Speeding in construction zones or school zones
• Repeat speeding violations
• Speeding while driving under the influence

Felonies

Felony charges related to speeding occur when the excessive speed contributes to serious crimes or results in significant harm. These charges typically involve:

• Vehicular manslaughter or negligent homicide
• Serious bodily injury to another person
• Felony fleeing or evading police
• Aggravated circumstances involving multiple violations

Penalties for Felony Speeding Tickets in West Virginia

In West Virginia, speeding is generally a misdemeanor, with penalties and speed limitations outlined in W. Va. Code § 17C-6-1. Fines for misdemeanor speeding are $100 for a first offense, $200 for a second, and $500 for a third or subsequent offense.

While direct "felony speeding" isn't a specific charge, serious traffic offenses like reckless driving causing serious injury can result in felony convictions, carrying jail time ranging from 10 days to six months for reckless driving causing serious bodily injury (under WV Code §17C-5-3), substantial fines, and license suspension or revocation. Demerit points (e.g., 5-6 points) are added to the license, with accumulating 12 or more points within two years leading to suspension, as per the WV DMV Point System.

Furthermore, license suspension can also be based on the frequency of violations, as per W. Va. Code § 17B-3-6. A felony conviction results in a permanent criminal record, affecting employment, housing, and insurance rates due to "collateral consequences" (Public Defender Services WV, Frank Walker Law).

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

West Virginia's Division of Motor Vehicles (DMV) keeps track of traffic convictions using a point system, and too many points can lead to license suspension. The duration that speeding tickets remain on a driver's record in West Virginia depends on the severity of the violation and the points assigned. Typically, points stay on your record for two years, but the infraction itself stays on your record for five years.

Insurance companies typically review driving records for the previous 3-5 years when determining premiums, but serious violations may impact rates for the entire retention period. Individuals can access West Virginia traffic court records online for driving records and current violations.

Can a Speeding Ticket Be Expunged from Your Record in West Virginia?

In West Virginia, expunging a speeding ticket involves a distinction between criminal record expungement and your official DMV driving record. While West Virginia law allows for the expungement of certain misdemeanor convictions, including some traffic citations (as detailed in documents like the Petition for Expungement of Misdemeanor Violations and Traffic Citations (SCA-C906)), a successful expungement from your criminal record does not directly remove the offense or associated points from your DMV driving record.

For criminal expungement, eligibility typically requires a waiting period, such as one year after conviction for a single misdemeanor. It also involves petitioning the circuit court, as outlined by the West Virginia Judiciary's expungement instructions. Even with a criminal expungement, demerit points from a speeding ticket remain on your West Virginia driving record for two years from the conviction date, and the infraction itself stays for five years, as explained by the WV DMV Point System and Driving Laws.

However, drivers can mitigate the impact by completing an approved defensive driving course, which will remove 3 points from their record and potentially reduce insurance rates. Additionally, some offenses may qualify for deferred adjudication programs that, upon successful completion, can lead to charge dismissal and subsequent expungement from the criminal record as part of West Virginia's Restoration of Rights & Record Relief.