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

Arkansas drivers will receive an infraction or misdemeanor charge if they exceed the speed limit on a specific road. However, speeding generally becomes a felony when the act leads to death or injury.

The Arkansas Code § 27-51-201 sets the speed limits for roads within the state. The speed limit may vary based on the location and road type. Per the state law, drivers must not exceed 75 miles per hour (mph) on rural interstate highways and 65 mph on urban interstates and rural multi-lane highways. The speed limits also include the following:

• A maximum of 30 mph in urban districts.
• A maximum of 50 mph for trucks with one ton or more capacity.
• A maximum of 30 mph for vehicles with a capacity of 64,000 pounds or more.

Note: The Arkansas Department of Transportation may adjust the speed limit due to road or weather conditions.

Is Speeding a Felony in Arkansas?

Speeding is not a felony offense in Arkansas. However, you may get a civil infraction or misdemeanor charge for exceeding the speed limit. If you exceed the speed limit by less than 15 mph, it is an infraction. Offenders may receive a speeding ticket and pay the required fines for speed-related infractions. It is, however, a misdemeanor if your speed exceeds the limit by 15 mph. Speed-related misdemeanor offenders may face administrative and criminal penalties, such as fines, jail terms, and a driver's license suspension.

In Arkansas, speeding becomes a felony when the act results in injury or death. The state law also classifies it as a felony when drivers overspeed while under the influence of alcohol or drugs. There are no specific felony charges for speed-related incidents. Offenders may get felony charges based on the circumstances of the incident. Case in point: you get a felony hit-and-run charge if you flee the scene of an accident.

Can a Speeding Ticket Become a Felony in Arkansas?

In Arkansas, overspeeding becomes a felony under these conditions:

• The incident led to injury or death.
• The driver fled the scene of the accident.
• The driver fled from law enforcement.
• The driver has prior DUI convictions and is under the influence of an intoxicating substance.

You do not receive speeding-related felonies for exceeding the speed limit. It only becomes a felony if the act leads to death or injury. You could also get felony charges as a result of driving while intoxicated or recklessness.

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

In Arkansas, there are three main types of speeding-related offenses. These offenses are grouped based on crime severity and circumstances around the incident. Offenders in the state may receive one of the following speeding tickets:

Infractions: Speeding-related infractions are generally less severe than misdemeanors. Such offenses include exceeding the speed limit by less than 15 mph. Offenders will mostly pay a fine of up to $100 and spend up to 10 days in jail. Furthermore, repeat offenders are likely to receive harsher penalties, like a maximum of $500 in fines and up to six months in prison.

Misdemeanors: Speeding-related misdemeanors often involve exceeding the speed limit by 15 mph or more, reckless driving, or driving under the influence of intoxicating substances. Crimes in this category carry harsher administrative and criminal penalties. Offenders may pay fines, spend time in jail, and lose their license for a set period.

Felonies: Speeding-related felonies carry more severe penalties since such incidents lead to injury or death. Examples of such felonies include vehicular manslaughter, felony hit and run, and vehicular homicide.

Penalties for Felony Speeding Tickets in Arkansas

Arkansas drivers may face these penalties if convicted of a felony speeding offense:

• Jail or prison time (up to life sentences)
• Fines (up to $15,000, depending on the severity)
• One year to a lifetime license revocation
• Permanent criminal record, which may affect employment and insurance rates.

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

In Arkansas, a speeding ticket generally remains visible on your driving record for three years. Points from speed-related violations will remain on your record for this duration. Insurance companies will also charge higher premiums for three years.

However, speed-related violations remain a permanent part of Arkansas traffic court records and criminal history files. Such records are not expungeable under Arkansas laws. Offenders may be able to expunge traffic-related arrests and criminal records using the state-outlined process.

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

No, speeding tickets fall under civil and non-criminal cases and are non-expungeable under Arkansas laws. However, state law allows for the expungement of traffic-related misdemeanors and felonies. Expungement erases or removes your records from publicly owned domains.

To expunge criminal records, you must submit a completed Petition to Seal Arrest Record form to the district or circuit court in the county where the incident occurred. However, you can only expunge traffic-related conviction records by following these steps:

1. Get copies of the court judgment from the court that handled the case.
2. Request a copy of your criminal record from the Arkansas Department of Public Safety.
3. Select the right expungement form from the state's Crime Information Center webpage.
4. Make copies of the documents and send them to the arresting agency, prosecuting attorney, and the court that handled the case.

The court may consider and grant the petition if you have fulfilled the legal requirements.