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

In Utah, speeding over the limit is typically an infraction. However, it may be elevated to a misdemeanor in a severe situation, such as driving more than 20 MPH over the limit in a school zone. Circumstances that may make a speeding incident in Utah a felony include reckless driving in a school zone or one that causes serious injury or death. Per Utah Code § 41-6A-503, DUI resulting in severe injury is a third-degree felony offence.

In Utah, under Utah Code § 78A-7-106, the Justice Court has original jurisdiction over cases related to speeding tickets, traffic school, and other traffic offenses. During these court hearings, Utah traffic court records are created.

Is Speeding a Felony in Utah?

Generally, speeding convictions are typically classified as infractions or misdemeanors. However, speeding becomes criminal if classified as reckless or causes death or serious injury. Under § 76-5-207, this is automobile homicide, a third-degree felony. It may also turn criminal if it involves drugs, alcohol, or repeat offenses. For example, driving 100 MPH in a 55 MPH zone while drunk and killing someone could result in a second-degree felony.

Can a Speeding Ticket Become a Felony in Utah?

Under normal circumstances, speeding tickets are typically classified as infractions or misdemeanors. However, in aggravated situations, it may become a felony.

According to Utah Code § 76-5-207, a motorist commits automobile homicide if their negligence while driving causes the death of another individual. This is a third-degree felony. If the negligent behavior involves a prohibited drug or substance or a prior DUI conviction, the offense may be elevated further to a second-degree felony. Speed is not the only factor determining the charges for an offense for moving violations. Recklessness, DUI, and repeat offenses also play a significant role in determining the legal outcome.

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

In Utah, speeding tickets fall under three categories based on severity: Infraction, Misdemeanor, or Felony. Several factors come into play to determine the category based on the severity of the case. These include how far over the driver's speed limit, whether reckless or impaired driving was involved, the level of danger the passengers and other road users were exposed to, whether the driver had any prior convictions, and the resulting harm.

Infractions: A speeding conviction categorized as an infraction is a non-criminal violation, not punishable by jail time. It simply means the driver exceeded the posted speed limit without aggravating factors. Utah Code § 41-6A-601 sets maximum speed limits. If a motorist violates these limits without causing harm, it is an infraction. This usually attracts a fine of $120 to $480, based on MPH over the limit. Points are also added to the motorist's driving record under R708-3-4.

Misdemeanors: A misdemeanor speeding ticket is a criminal offense that may lead to jail time and higher fines. Under Utah Code § 41-6A-528, reckless driving is described as driving in willful disregard for the safety of individuals or property. For example, driving a few MPH above the designated 20MPH in a school zone is a misdemeanor offense. Such a speeding offense in a school zone is more severe because the safety of school children is critical. The penalty is up to 6 months in jail, $1,000 fine, and license suspension.

Felonies: Felonies are in the most serious category. Per Utah Code § 76-5-207, speeding becomes a felony when speeding causes a fatal crash or serious injury, or reckless driving while under the influence (DUI), and someone is injured or killed as described in Utah Code § 41-6A-528. A speeding offense also becomes a felony when it involves attempting to evade law enforcement.

Penalties for Felony Speeding Tickets in Utah

In general, felony speeding tickets attract automatic suspension of the driver's license. The individual is mandated to pay hefty fines and serve jail time, and may also be placed on probation with stringent conditions. The court may also impose community service. Moreover, felony speeding tickets have serious indirect consequences. These include heavy fines, increased insurance premiums, and difficulty finding housing or securing driving-related jobs due to a tarnished record.

Utah uses the three-strikes law. This implies that an individual has been convicted of the same offense multiple times. For instance, if an individual has had two previous misdemeanor speeding convictions, the third may be charged as a third-degree felony.

Under Utah Code § 76-3-301, first-degree felonies attract a standard sentence of 5 years to life in prison and fines up to $10,000. Second-degree felonies carry up to 15 years in jail and maximum fines of $10,000. Third-degree felonies carry the least severe penalties in Utah. However, they may result in up to 5 years in prison and fines of up to $5,000.

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

In Utah, a speeding ticket typically remains on a motorist's driving record for three years from the violation date. However, the specific duration may vary based on the severity of the offense and whether there were any additional violations. More serious offenses may remain on the individual's record for longer. Utah traffic violations are often collated as part of Utah traffic court records. Moreover, there are points associated with each ticket. These may cost the motorist higher insurance rates and impact their driving privileges.

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

In Utah, expungement is the legal process of removing a motorist's traffic violation, including speeding tickets, from public records. Once expunged, the record is no longer available to employers, insurance organizations, or the public. Access is limited to authorized parties with a court order.

To start the expungement process, the requester must first confirm eligibility and obtain a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI). After that, they may file a petition with the court where the conviction occurred.

This may require a court hearing in which the requester may present evidence that they have completed any sentence and are free of any violations since the initial conviction. If the court believes the expungement is in the interest of justice, it may grant the petition.

Moreover, Utah allows ticket dismissal through deferred traffic prosecution and plea in abeyance. Under Utah Code § 77-2-4.2, motorists may take advantage of deferred traffic prosecution. The individual must enter a plea of no contest or guilty and pay a fine. They may be required to complete traffic school within 28 days and avoid new violations for 12 months. Upon compliance with these requirements, the plea is vacated, the case is dismissed, and no conviction or points go on their record.

To be eligible for this provision, the motorist must:

• Apply within 21 days of citation
• Be above 21 years old
• Hold a valid non-CDL Utah license
• Have no more than one moving violation in two years
• The violation must be minor