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

In Montana, exceeding the speed limit is not a felony offense. The Montana Code classifies overspeeding as a civil infraction or misdemeanor. Overspeeding only becomes a felony when the act results in severe injuries or death.

Montana state laws restrict how fast you may drive on roads within the state. The restrictions or speed limits may differ based on the road type, vehicle type, and time of day. For instance, you must not exceed 80 miles per hour on interstate highways in areas with a population of 50,000 or more. Other speed limits in the state are outlined below:

• A maximum of 65 mph on interstate highways in urban areas with a population of less than 50,000.
• A maximum of 70 and 65 mph on highways during the day and 65 mph at night, respectively.

The speed limit is subject to change. For instance, the Montana Department of Transportation may adjust it to reflect specific conditions, such as weather or road construction. Drivers may also exceed the speed limit by 10 mph to overtake a vehicle while traveling on a two-lane road.

Is Speeding a Felony in Montana?

Overspeeding generally results in a civil infraction or misdemeanor charge in Montana. Drivers are likely to get a speeding ticket if they exceed the speed limit even by one mile per hour. Under the state law, the fines or penalties increase by the amount you exceed the speed limit. Case in point: it's a $40 fine if you exceed the speed limit by less than 10 mph, while you pay $200 for driving 31 mph or more over the speed limit.

Offenders might also face criminal penalties, in addition to paying fines, if their actions endanger the lives of others. For instance, persons convicted of reckless driving may face criminal penalties like a jail term and suspension of their driver's license.

There are instances when a speed-related infraction or misdemeanor becomes a felony. Such instances often occur when the incident leads to a serious injury or death. The number of criminal incidents also determines if the misdemeanor becomes a felony. For example, a fourth DUI offense may get you a felony charge in Montana.

Montana does not have a specific felony charge for speeding-related offenses. Offenders may receive any of the following felony charges:

• Vehicular homicide.
• Negligent vehicular assault or homicide.
• Fleeing from law enforcement.

Can a Speeding Ticket Become a Felony in Montana?

No, a speeding ticket is not a felony in Montana. However, it becomes a felony offense under these conditions:

• The offender has four or more prior convictions for driving under the influence.
• The incident led to injury or death.
• The offender fled from law enforcement.

Montana drivers do not get felony charges for exceeding the speed limit. However, the incident outcome and number of prior convictions determine whether they get the charge.

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

In Montana, your speeding ticket depends on the crime severity and other circumstances around the incident. Drivers in the state may receive any of the following speeding tickets:

Infractions: Speeding-related infractions often occur when you exceed the speed limit by less than 30 miles per hour. Such incidents may lead to a fine and driver's license points. Offenders may pay up to $120 in fines and rack up to 3 points on their license.

Misdemeanors: Speed-related misdemeanors have relatively harsher penalties since the incident could potentially cause injuries or death. Examples of speed-related misdemeanors include reckless driving, illegal drag racing, and driving while under the influence of drugs or alcohol. Persons convicted of speeding-related misdemeanors may face both civil and criminal penalties. For instance, offenders may pay up to $500 in fines and spend months in jail. Offenders may also lose their driver's license for a specific period. Note that repeat offenders often get harsher penalties.

Felonies: In Montana, drivers may get a felony charge if the overspeeding resulted in injury or death. It is also a felony if you evade law enforcement or have more than four convictions for DUI offenses. Speeding-related felonies have severe penalties, such as 30 years imprisonment for vehicular homicide. Offenders also pay huge fines and may lose their driver's license for a lifetime.

Penalties for Felony Speeding Tickets in Montana

Persons convicted of a felony speeding ticket may face the following penalties:

• Jail or prison time (up to 30 years).
• Suspension of the driver's license (up to a lifetime suspension).
• Fines (up to $10,000, depending on the crime severity)
• Permanent criminal record.

A speed-related felony may result in an automatic suspension of your driver's license. You may lose your license for life if you are convicted of four or more DUI offenses.

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

In Montana, a speeding ticket stays on your driving record for a lifetime. However, the Montana Motor Vehicle Division generally removes points from your driving record three years after the conviction date. Points accumulated due to subsequent DUI convictions may remain on record for five years.

Note that speeding tickets remain visible to insurance companies and may influence your insurance premiums. Insurance companies might increase your premiums while the points remain visible on your driving record. So, most insurance premiums will rise for three years, after which they revert to the regular price.

Traffic-related arrests and convictions are a permanent part of Montana traffic court records and criminal background files. Such files are not expungeable; you may only petition the court to seal them or grant a deferred imposition of sentence. The court may grant a deferred imposition of punishment if there are no other traffic violations within the last five years.

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

In Montana, you may remove a speeding ticket through a deferred imposition of sentence. The district court judge may grant the deferment after you fulfill conditions, such as completing traffic school and paying required fines. Note that commercial driver license holders are not eligible for deferred sentencing.

You may expunge convictions for speeding tickets by petitioning the district court. Interested parties must fulfill these conditions to expunge the records:

• You have no current conviction, and it has been over five years since you completed the sentence.
• You have no current arrest charges.

Eligible parties must follow these steps to expunge arrest records:

1. Petition the district court for an order to expunge the records.
2. The petitioner's counsel will notify the prosecutor's office of your intention to expunge the record. The prosecutor will, in turn, notify crime victims.
3. Upon receiving your petition, the district court will review submissions from all concerned parties.
4. If the court grants your petition, you must visit a local law enforcement agency and get fingerprinted on the FD-258 card.
5. Next, fill out the appropriate expungement form on the Department of Justice's website.
6. Submit the fingerprint card, expungement form, and court order.