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How Much over the Speed limit is a Felony in Nevada?
In Nevada, driving over the speed limit is not a felony. State laws classify overspeeding as an infraction or misdemeanor, depending on the circumstances of the incident. It is only a felony when overspeeding results in grievous injury or death.
The Nevada Department of Transportation specifies the speed limits for roads in the state. The speed limits may vary for specific road types. The agency typically sets speed limits after considering factors like weather conditions, traffic speed, population, road conditions, and the region's topography. For instance, the agency sets a maximum limit of 75 miles per hour in rural areas. The agency also sets the following limits on roads:
- A 65 mph speed limit in urban areas.
- 70 mph speed limit on major highways.
- 30 mph speed limit on residential streets.
- 15 to 25 mph speed limits in school zones during school hours.
- 25 to 45 mph in construction zones.
- 55 to 70 mph on rural undivided highways.
- 65 to 75 mph limits on rural divided highways.
Is Speeding a Felony in Nevada?
Overspeeding is a civil infraction or misdemeanor offense in Nevada. Persons convicted of such crimes may get a speeding ticket and face specific penalties based on the circumstances of the event. For instance, the court might require offenders to pay fines between $25 and $1,000. The NDOT, on the other hand, adds points to the offender's driving record and may suspend licenses for specific timeframes.
Per Nevada Revised Statutes, overspeeding generally becomes a misdemeanor offense if the driver exceeds the speed limit by 30 mph. The state law also classifies it as a misdemeanor if the act could potentially cause physical injury or death.
In Nevada, you get a felony charge if the overspeeding leads to a serious physical injury or death. It is also a felony if you have prior convictions for DUI-related offenses. The state has different felony charges for overspeeding. Depending on the incident, offenders may receive speed-related felony charges like vehicular manslaughter and hit-and-run.
Can a Speeding Ticket Become a Felony in Nevada?
Yes, a speeding ticket issued in Nevada may become a felony under these conditions:
- The overspeeding results in serious injury or death.
- The offender has three or more prior convictions for driving under the influence.
- The offender fled the scene of the accident.
- The offender failed to stop for an officer, and it resulted in injury or death.
Types of Speeding Tickets in Nevada: Infraction, Misdemeanor, or Felony
Nevada drivers may receive different speeding tickets based on the crime severity and the event outcome. With that being said, offenders may face any of the following speed-related violations:
Infractions: Drivers may receive speeding ticket infractions if they exceed the speed limit by less than 30 mph. Persons convicted of a violation may pay fines and receive points on their driving record. Note that the fine amount is mainly determined by how fast you're driving over the speed limit. Offenders could potentially pay up to $600 in fines for speed-related infractions.
Misdemeanors: Speeding-related misdemeanors have the potential to cause physical injury or death. Thus, the state imposes harsh penalties on persons convicted of such offenses. Offenders are likely to face both administrative and criminal penalties. Administrative penalties may include losing a driver's license for a set period, while criminal penalties include jail time, fines, and court-imposed programs. DUIs and reckless driving are examples of speed-related misdemeanor charges in Nevada.
Felonies: Speed-related felonies have severe penalties since they often lead to grievous injuries or death. Persons convicted of such offenses may face felony charges like vehicular manslaughter, DUI charges, and second-degree murder.
Penalties for Felony Speeding Tickets in Nevada
In Nevada, persons convicted of a felony speeding ticket may face these penalties:
- Jail or prison time (up to 25 years)
- Fines (up to $5,000, depending on the crime severity)
- License suspension (up to three years)
- Permanent criminal record, which may influence insurance premiums, employment, and housing.
How Long Does a Speeding Ticket Stay on Your Record in Nevada?
In Nevada, speed tickets have a lifelong visibility on driving records. It is also impossible for offenders to expunge them. However, points accumulated as a result of speeding tickets have a one-year validity.
Speeding-related violations are visible on both driving and criminal records. Insurance companies may view the records before setting an auto insurance premium. Some companies may review the record to see if there has been a speeding-related conviction in the last three years. The rates will automatically drop if there has been no conviction within this period.
Speeding tickets are also standard in Nevada traffic court records. The state's justice and municipal courts may allow public access to such records. Interested parties may view the documents using the resources provided by these custodian entities. Not all traffic-related records are accessible; the court may restrict public access to sealed speeding ticket records.
Can a Speeding Ticket Be Expunged from Your Record in Nevada?
No, speeding tickets are not expungeable in Nevada. However, interested parties may petition the court to seal the record. The NRS 179.245 allows offenders to seal such records after a specific timeframe determined by the crime severity. For instance, you can expunge category B, C, or D felonies five years after completing the court-imposed condition.
To expunge speeding tickets, interested parties must follow these steps:
- Get a copy of your criminal record from the Nevada Department of Public Safety.
- Create a petition that includes the following:
- The petitioner's personal information, including names and birthdate.
- Records to be sealed.
- Arrest dates and all information pertaining to the records.
- A list of private or public agencies that may be in possession of therecord.
Send the documents to the court that passed the conviction. The court will then notify all concerned parties about the petition and make the appropriate decision.
