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

In Oklahoma, there is no specific speed limit that automatically makes a speeding offense a felony. Instead, speeding is generally categorized as an infraction or a misdemeanor.

Oklahoma Statute 47 O.S. § 11-801 outlines the fundamental rules for speeding and safe driving. Drivers who surpass posted speed limits may face penalties that differ depending on the extent to which they exceed the limit. However, felony charges arise when speeding leads to serious bodily injury or death, or happens while fleeing from police or participating in street racing. In these cases, charges include:

• Vehicular homicide
• Vehicular assault
• Fleeing police at high speed while endangering public safety.

Is Speeding a Felony in Oklahoma?

In Oklahoma, speeding violations are legally considered misdemeanors, and the severity and penalties depend on the specific situation. A minor-misdemeanor traffic offense may escalate to an aggravated-misdemeanor if a driver exceeds 20 mph over the posted limit. According to Oklahoma law, reckless driving, as well as driving at high speeds through traffic or speeding in a school zone, is classified as a misdemeanor. However, speeding may contribute to felony charges if:

• It results in serious bodily injury or fatality.
• Public safety is compromised during attempts to evade police or while engaging in street racing.
• Driving at high speed becomes reckless and puts others at risk.

Can a Speeding Ticket Become a Felony in Oklahoma?

Yes, a speeding ticket in Oklahoma may escalate to a felony charge if specific aggravating circumstances are present. A speeding violation, no matter how far over the posted limit, does not constitute a felony. However, certain aggravating factors may elevate a speeding ticket from a misdemeanor to a felony.

Situations in which speeding may result in felony charges in Oklahoma:

• If speeding leads to serious injury or death, it may result in felony charges such as vehicular assault or vehicular homicide
• Fleeing from a police officer while speeding is a felony offense under Oklahoma Statute 21 O.S. § 540A, especially when the chase puts the public at risk
• Street racing or deliberate high-speed endangerment may also qualify as felony conduct, depending on outcomes and local enforcement.

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

Under Oklahoma law, speeding-related offenses are classified into three main categories based on the severity of the violation and the potential risk to public safety. Below is a breakdown of each category:

Traffic Infractions

Oklahoma classifies driving over the posted speed limit without aggravating factors as an infraction. For instance, driving 1 to 10 mph over the speed limit typically results in fines and DMV points, but no jail time or criminal records.

Traffic Misdemeanors

In Oklahoma, driving at excessive speeds, such as 20 mph or more over the limit, especially in school zones or congested areas, reckless driving, or operating a vehicle with a suspended license, may lead to enhanced misdemeanor charges. Elevated misdemeanors are criminal offenses that carry higher fines and potential jail time.

Felony Traffic Offenses

Felonies represent the most severe category of speeding offenses in Oklahoma. If driving, whether through speeding, fleeing from police, or street racing, leads to injury or death, it may result in a felony charge.

Oklahoma Speeding Offenses: Types and Classifications.

Penalties for Felony Speeding Tickets in Oklahoma

Oklahoma classifies speeding as a felony when it leads to vehicular assault or results in vehicular homicide. The penalties for felony speeding tickets depend on the severity of the offense. The penalties include:

• 1 to 5 years in the Oklahoma Department of Corrections
• Fines that range between $500-$5,000 (doubles if the offender's license is suspended)
• Maximum points and automatic suspension under Oklahoma's point system
• Permanent criminal records.

In addition to other penalties, felony charges for speeding may result in long-term license revocations if they lead to convictions. Also, courts may impose driver improvement courses and place the offender on probation.

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

In Oklahoma, a speeding ticket and its associated points typically remain on a driving record for five years for administrative and legal tracking purposes. However, the DMV points about that ticket remain active for just two years, after which they no longer count toward a potential license suspension. The Oklahoma Department of Public Safety (DPS) maintains Oklahoma traffic court records, including details on traffic violations and speeding convictions.

The violation may remain visible to providers for three to five years for insurance purposes, depending on the insurer's lookback period and risk evaluation criteria. However, completing a defensive driving course or maintaining a clean driving record may significantly accelerate the removal of points.

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

Oklahoma does not allow the expungement of speeding citations when classified as traffic infractions. These do not constitute criminal convictions and are not eligible for sealing under Oklahoma's expungement laws. However, Oklahoma permits the expungement of misdemeanor and felony speed-related convictions under Title 22 O.S. § 18 (Section 18) or following a deferred sentence under Section 991(c). Even if an offender successfully expunges court records for a related criminal offense, the ticket and points remain visible on the Department of Public Safety (DPS) driving records.