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How Much over the Speed limit is a Felony in Alabama?
In Alabama, exceeding the state-specified speed limits is generally a misdemeanor. However, the state considers it a felony if the overspeeding results in injury, loss of life, or property.
The Alabama Law Enforcement Agency (ALEA) outlines specific road speed limits. For example, an urban district's speed limit is 30 miles per hour, while the limit is 35 mph on unpaved roads. Other limits include the following:
- A maximum of 75mph on interstate highways within Alabama.
- A maximum of 45 mph in unincorporated areas within the state.
- A maximum of 55 mph on highways within the state.
- A maximum of 15 mph in school zones.
The state also set limits based on the vehicle type. Bus or truck drivers must not exceed 55 mph at any time within the state, unless the governor authorizes a different maximum speed. (Alabama Code Title 32)
Is Speeding a Felony in Alabama?
Overspeeding is generally classified as a reckless driving offense, and offenders are likely to get a speeding ticket. Exceeding the speed limit on a specific road is considered a misdemeanor. However, offenders may also face administrative and criminal penalties, which become more severe for repeat offenders.
Alabama Code § 13A-6-24 classifies overspeeding as reckless endangerment if the act led to physical injury. Reckless endangerment is a class A misdemeanor and may incur heavy penalties.
In Alabama, it is a felony if reckless driving led to a fatal accident. The state does not have a specific homicide charge for such incidents. So, offenders are likely to face any of these homicide charges:
- Homicide by vehicle
- Criminally negligent homicide.
- Manslaughter.
- Second-degree murder.
Can a Speeding Ticket Become a Felony in Alabama?
In Alabama, a speeding ticket generally becomes a felony under these conditions:
- The incident led to a physical injury.
- The incident led to a fatal accident, such as the loss of lives or property.
- Fleeing from the incident that led to an accident.
- Street racing that led to an accident or death.
Alabama drivers do not face felony charges if they exceed the speed limit. It becomes a felony when the incident leads to loss of life, injury, or property.
Types of Speeding Tickets in Alabama: Infraction, Misdemeanor, or Felony
Speeding tickets in Alabama are based on severity and the circumstances surrounding the incident. That said, offenders may face these speed-related violations:
Infractions: Speed-related infractions are not severe enough to warrant a criminal proceeding. In most cases, offenders end up racking up points or fines for violating them. The Alabama Law Enforcement Agency (ALEA) will impose the following points on speed-related infractions:
- Two points for 1 to 25 mph above the speed limit.
- Five points for 25 mph or more above the speed limit.
- Three points for speeding while disregarding traffic control devices.
Misdemeanors: it is generally a misdemeanor if the offender exceeds 25 miles per hour. Misdemeanor crimes also involve driving incidents that pose a potential risk to lives or property. Reckless driving and DUI offenses are examples of speed-related violations in Alabama. Persons convicted of a misdemeanor speed violation may pay fines, spend time in jail, or lose their license for a specific period. Repeat offenders are likely to receive harsher penalties.
Felonies: Speed tickets become felonies when the incident results in a fatal accident or injury. In such incidents, an offender may face felony charges like vehicular homicide, manslaughter, or second-degree murder.
Penalties for Felony Speeding Tickets in Alabama
Per AL § 32-5A-8, persons convicted of a felony speeding ticket may face these penalties:
- Jail or prison time (up to 20 years)
- Fines (up to $15,000)
- One-year to lifetime license revocation.
- Points on the driver's license.
- Permanent criminal record, which may affect future insurance rates, housing, and employment.
Convicted felons may face different penalties depending on the circumstances surrounding the incident. For instance, felons will automatically lose their license after a DUI incident.
How to Look Up a Speeding Ticket or Criminal Record in Alabama
Interested parties can look up speeding tickets by using the options provided by the Alabama Traffic Service Center. For instance, you can pay online through the agency's online search platform. The platform allows searches by ticket number or case number. Some Alabama Counties maintain separate online court databases for locating court records. You must input the required court number to find the document.
Note: You can find the ticket number on the physical ticket. In contrast, you can see the case number at the circuit clerk's office that issued the ticket.
You can look up speeding tickets in person by visiting the circuit clerk who issued the ticket. The Alabama Traffic Service Center maintains a database for all county circuit clerks' offices.
Third-party online repositories, such as AlabamaCourtRecords.us, also offer access to court records. Such platforms typically feature user-friendly interfaces that enable users to search and locate documents conveniently. Nevertheless, they are mostly unregulated and may not offer accurate ticket or court information.
How Long Does a Speeding Ticket Stay on Your Record in Alabama?
In Alabama, speeding tickets remain a permanent part of your public records. However, the ALEA will remove points accumulated on the driver's license two years from the conviction date.
Note: Insurance companies may still see the conviction after removing the points. Insurers in Alabama will increase insurance premiums for speeding ticket offenders for a specific timeframe. Those convicted of exceeding the speed limit will receive higher insurance premiums for three years after the conviction.
Can a Speeding Ticket Be Expunged from Your Record in Alabama?
No, you can not expunge a speeding ticket from your traffic court record in Alabama. However, the AL Code § 15-27-1 allows you to expunge all arrest charges related to the ticket. You can expunge or remove related charges by filing relevant documents with the circuit court in the county where the charges were filed. Relevant documents include a completed expungement form and a copy of a criminal record. The ALEA produces copies of criminal records upon requests from record subjects
