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

Under Louisiana law, speeding in itself is not graded as a felony regardless of how far above the speed limit the driver goes. However, speeding may lead to felony-level charges when the speeding is accompanied by driving behaviour regarded as dangerous or the driving leads to other consequences such as:

• Aggravated Flight from an Officer: A person who refuses to stop for law enforcement and speeds dangerously at speeds exceeding 20 MPH over the speed limit, causing property damage or injury, may be charged with a felony under La. R.S. §14:108.1.
• Negligent or Vehicular Homicide: If a person is killed due to the reckless actions or the excessive speed of a driver under La. R.S. §14:32.1.

Is Speeding a Felony in Louisiana?

Speeding in Louisiana is not a felony, as most speeding violations are classified as civil infractions or misdemeanors and offenders get a ticket, a fine, and possibly a license suspension for repeat or extreme offenses. Speeding becomes a felony-level offense when it is part of more serious conduct, such as:

• Aggravated Flight from an Officer: Speeding away from the police and as a result causing injury or death to another or property damage in the process
• Vehicular Homicide: If someone drives as a result of speeding recklessly, especially where alcohol or drugs are involved
• Negligent Homicide: Causing a fatal crash due to high speed or careless driving

Can a Speeding Ticket Become a Felony in Louisiana?

A standard speeding ticket in Louisiana is generally a traffic infraction or at most a misdemeanor. However, certain conditions may elevate spending to a felony. These conditions include:

• Driving at very high speeds that result in serious injury or the death of another person
• Attempting to flee from law enforcement at speeds of up to 20+ MPH over the speed limit
• Speeding in a Construction or School zone, recklessly leading to injury to another person
• Participating in illegal speed racing events, especially if it results in endangerment to others, causes a crash, or involves fleeing from the police.
• Repeat offenses resulting in injury or involving reckless driving or speeding with a suspended license.

Typically, speeding will only result in felony charges when prosecutors, considering the totality of the circumstances, pursue felony charges under broader criminal laws like aggravated flight, negligent homicide, and reckless operation.

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

Louisiana classifies speeding tickets as infractions, misdemeanors, and felonies as follows:

Penalties for Felony Speeding Tickets in Louisiana

When speeding is elevated to become a felony in Louisiana, a conviction carries much more severe consequences for the driver than a simple ticket. Potential penalties include:

• Jail or Prison Time:
  • Vehicular homicide leads to a 5 to 30 years at hard labor with a mandatory minimum of at least three years without benefit or parole, probation, or sentence suspension (La. R.S. 14:32.1).
  • Negligent homicide leads to up to 10 years with or without hard labor (La. R.S. 14:32).
  • Aggravated flight from an officer that endangers human life while exceeding the speed limit by 25 MPH or greater leads to a 2-year sentence with hard labor.
• Fines:
  • Vehicular homicide gets a fine that ranges from $2,000 to $15,000.
  • Negligent Homicide receives a fine of up to $5,000.
  • Judges may impose fines along with imprisonment for aggravated flight.
• Driver's License Suspension or Revocation:
  • A felony conviction leads to an automatic license seizure and revocation by the Office of Motor Vehicles.
• Points on Driver's License:
  • Felony convictions do not lead to points on the license, as these points are reserved for infractions and misdemeanors.
• Permanent Criminal Record:
  • Felony convictions are permanent on criminal records and will show up on background checks done by employers, affect insurance premiums, and may impact housing applications.

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

Under Louisiana law (La. R.S. 32:412), the duration of a speeding ticket on a driver's record depends on whether the violation leads to a suspension or not. Per the Louisiana Office of Motor Vehicles, traffic violations that require non-suspension of license are displayed on the official driving record for three years from the day of conviction. On the other hand, traffic violations that lead to the suspension of licenses remain on the driver's records for five years from the date of conviction or until all the requirements are satisfied.

Insurance companies in Louisiana use a three-year look-back period for moving-related violations, just like the DMV's retention period. Louisiana does not use a traditional points system; thus, reported violations are the basis for insurance checks.

Louisiana courts and public agencies must retain conviction records for at least three years after the driver's final appeal or Supreme Court action. Interested persons may also look up Louisiana traffic court records for broader access to traffic records.

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

In Louisiana, ordinary traffic infractions are not criminal offenses and cannot be expunged. The Office of Motor Vehicles, Municipal, or the Traffic Court handles them. No convictions are entered on criminal records, and infractions remain on driving records for typically three years.

Misdemeanor traffic offenses are criminal and may be eligible for deferred or suspended sentence under the CCrP Art. 894 to set aside the conviction. Persons charged with traffic-related misdemeanors may have the court, at its discretion, defer the sentence and impose a probation on conditions such as:

• No more than one prior violation within three years
• No other deferred sentence in the five years prior
• The driver completes a defensive driving course
• Completion of the probationary period of six months without a new conviction
• The driver pays all required fees

Persons who may get a misdemeanor set aside under Art. 894(B) may file a motion to expunge that record of arrest and conviction.

Juvenile traffic adjudications are sealed automatically when a driver turns 21, so they do not appear on adult criminal history searches.

Felony traffic crimes, such as vehicular homicide, may be expunged under CCrP Arts. 978 - CCrP Arts. 979 after a cleansing period (ten years) when the driver has no new convictions.