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How Much over the Speed limit is a Felony in Colorado?
Regardless of the speed over the limits, Colorado classifies speeding violations as infractions and misdemeanors (and not felonies). In Colorado, driving 1 to 24 mph over the speed limit is a Class A or B traffic infraction, while driving 25 mph or more over a posted limit is a Class 1 or 2 misdemeanor. However, speed citations may escalate to more serious charges under certain circumstances. For instance, a speeding offense in Colorado may result in felony charges if:
- Contributes to vehicular assault or vehicular homicide
- The violator is a habitual offender (the driver accumulates a certain number of serious speed-related violations within a set period
- The driver causes an accident that results in injuries or deaths while speeding under the influence of drugs or alcohol.
The table outlines the various felony charges that may result from speed-related offenses in Colorado.
| Offense | Felony Class |
|---|---|
| High-speed chase without injuries or deaths | Class 5 |
| High-speed chase with injuries | Class 4 |
| High-speed chase leading to death | Class 3 |
| Reckless driving resulting in injury | Class 5 |
| Speeding while impaired by drugs or alcohol, plus injuries to others | Class 4 |
| Vehicular homicide while speeding | Class 4 |
| Vehicular homicide due to speeding while under the influence | Class 3. |
Is Speeding a Felony in Colorado?
In Colorado, speeding is generally a traffic infraction or misdemeanor (depending on how far the driver exceeds the speed limit). Specifically, driving 1 to 24 mph over the limit typically results in a Class A traffic infraction. While driving 25 mph or more over the limits is a Class 1 or Class 2 misdemeanor.
However, certain aggravating circumstances can elevate a speeding offense in Colorado to a felony. These include situations where speeding:
- Causes serious bodily injuries to others
- Leads to the death of another person
- The offender flees from the police
- Involves drivers actively fleeing from law enforcement and causing injuries or deaths
- Contributes to injuries or the death of others while the driver is impaired by alcohol or drugs.
Can a Speeding Ticket Become a Felony in Colorado?
Yes, a speeding ticket in Colorado can become a felony if certain aggravating factors are present. Generally, Colorado classifies speeding offenses as traffic infractions or misdemeanors, and a speeding violation alone (regardless of the offender's speed above the posted speed limit) is not a felony. However, it may escalate to felony charges when:
- The driver flees from law enforcement at high speed
- The speeding results in a crash with serious injuries or fatalities
- The driver is under the influence of drugs or alcohol.
Types of Speeding Tickets in Colorado: Infraction, Misdemeanor, or Felony
Colorado classifies speeding as a traffic infraction or misdemeanor, which may elevate to a felony when combined with aggravating factors. Classification of speeding offenses in Colorado depends on the speed above the limits, the location of the offense, and the aggravating factors.
The breakdown below summarizes the types of speed-related offenses under Colorado law:
Speeding Infractions
A speeding violation in Colorado is a traffic infraction if the driver exceeds the speed limit by 1 mph to 24 mph. An infraction in Colorado is a civil offense and does not result in criminal prosecutions. The offender pays fines as a penalty. However, traffic infractions may result in license suspension for individuals who accumulate too many points within a short timeframe.
Misdemeanors
In Colorado, a speeding citation becomes a misdemeanor for individuals driving at 25 mph or more above the posted speed limit. There are two categories of misdemeanors for speeding in Colorado. These are:
- Class 2 and
- Class 1 misdemeanors.
If the offense is within a work zone, an individual commits a Class 2 misdemeanor by driving 25 mph or more above the posted speed limit or a Class 1 misdemeanor. Misdemeanors are criminal offenses that may result in 3 months to 1 year in jail.
Felony
Felonies are the most serious level of speeding violations in Colorado. In Colorado, a speeding ticket may escalate to felony charges if the driver exhibits bad behavior or the offense contributes to injuries or the death of other persons. For instance, speeding to evade the police in Colorado is a felony. Furthermore, a speeding violation becomes a felony if it results in injury or death to a third party.
| Speeding Type | Classification |
|---|---|
| 1 mph to 24 mph over the limits | Infraction |
| 25 mph or more over the limits | Class 2 misdemeanor |
| Driving at 25 mph or more in a work zone | Class 1 misdemeanor |
| Speeding to evade the police | Class 5 to Class 3 felony |
| Speeding leading to injury or death | Class 4 or Class 3 felony. |
Penalties for Felony Speeding Tickets in Colorado
In Colorado, the consequences for felony conviction for speeding tickets range from fines, DMV points, license suspension, and prison time. A felony conviction for speeding in Colorado may result in a permanent criminal record that may affect job opportunities, housing, auto insurance premiums, and voting rights. The table below outlines the possible penalties for a felony conviction for speeding in Colorado.
| Penalty | Specifics |
|---|---|
| Fines | Depending on severity, a felony conviction for speeding in Colorado may attract up to $750,000.00 in fines |
| Points | 12 or more DMV points on driving record |
| License Suspension or Revocation | Mandatory license suspension |
| Prison | 1 to 12 years in jail (depending on the felony classification) |
| Criminal Record | A permanent criminal record (unless it is sealed or expunged). |
How Long Does a Speeding Ticket Stay on Your Record in Colorado?
Colorado speeding tickets stay permanently on records. However, they are typically viewable for up to 7 years, and do not count towards license suspension after 2 years. Colorado traffic court records are part of criminal records. During their viewable years, Colorado speeding tickets are accessible through background checks and may affect job opportunities, rental applications, and auto insurance premiums.
Can a Speeding Ticket Be Expunged from Your Record in Colorado?
Colorado does not expunge speeding citations when they are traffic infractions. However, if speeding results in misdemeanor or felony convictions, they become criminal offenses that may qualify for sealing, not expungement. Generally, Colorado allows for the sealing of misdemeanor and felony speeding tickets but does not expunge them. Colorado speeding tickets are expungeable as part of criminal records only in cases involving minors or mistaken identity.