How Much over the Speed limit is a Felony in Rhode Island?

In Rhode Island, a speeding offense is not considered a felony, no matter how fast the driver was going. Typically, speeding offenses are classified as civil traffic infractions and not criminal offenses. However, driving at excessive speeds may lead to more serious offenses, such as misdemeanors or even felonies, if combined with other reckless behaviors or serious consequences, such as grievous bodily harm and death.

The Rhode Island Department of Transportation determines speed limits within the state, considering certain aspects to balance efficiency and safety. These include safety, road features, and traffic operations within the state.

Speed limits in specific areas or zones are given as follows under the Speed Restrictions section of Title 31 of the Rhode Island statutes concerning Motor and other vehicles:

• 25 mph in any residential or business district
• 20 mph within 300 feet of any school entrance or exit, especially during the daytime when schools are open
• 50 mph in other locations during the daytime
• 45mph in other locations during the nighttime

Is Speeding a Felony in Rhode Island?

In general, speeding in Rhode Island is not considered a felony; rather, it is classified as a civil traffic infraction, categorized by severity. The faster a driver was going, the more serious the infraction. When driving 1-10 mph over the speed limit, drivers will be fined $95. If the speed was more than 10 mph over the speed limit, the driver will be fined $95 plus an additional $10 for each mile over the speed limit. Subsequent offenses within 12 months of the first will incur large fines per mile and license suspensions for 30 to 60 days.

Speeding offenses may be escalated to criminal misdemeanors or felonies if the driver exhibits additional dangerous behavior. Driving more than 30 mph over the speed limit, particularly in school zones or residential areas, may be considered reckless driving, a misdemeanor. Further offenses of reckless driving or speeding cases with serious consequences, such as evading police, serious injury, or death, may be escalated to felony offenses.

Can a Speeding Ticket Become a Felony in Rhode Island?

Speeding tickets in Rhode Island are generally considered civil traffic infractions with penalties, such as fines and license suspensions. The faster the driver was going, the higher the fines and suspension the driver would receive. Aggravating conditions or factors may escalate the speeding ticket from a civil infraction to a criminal misdemeanor or felony. These may lead to fines, jail time, license suspension, and vehicle forfeiture.

Escalating factors in Rhode Island may include the following:

• If the driver is speeding excessively or in a way that endangers the life or safety of the public, it may be considered reckless driving. First convictions are considered misdemeanors, and any subsequent convictions are considered felonies. (R.I. Gen. Laws § 31-27-4)
• It is also considered reckless driving when a driver speeds to elude or flee from a traffic stop or a police vehicle at speeds higher than 15 mph over the speed limit. (R.I. Gen. Laws § 31-27-4.1)
• If the speeding leads to a crash or incident that results in serious injury or death, the offense may be escalated to a felony under R.I. Gen. Laws § 31-27-1.1 or R.I. Gen. Laws § 31-27-1.

Types of Speeding Tickets in Rhode Island: Infraction, Misdemeanor, or Felony

Under Rhode Island law, speeding offenses may be classified as civil infractions and may be escalated to criminal offenses when further dangerous actions are involved. The table below shows speeding offenses and their classifications according to several factors, including speed, charges, and penalties.

Penalties for Felony Speeding Tickets in Rhode Island

Drivers whose civil traffic infractions escalate to criminal offenses, such as misdemeanors and felonies, may face a combination of the following penalties:

• Fines of up to $500 and up to a year in jail for criminal misdemeanors such as reckless driving
• Fines and up to 5 years in prison for speeding to escape the police, which is considered a felony
• Fines between $1,000 and $5,000 and up to 10 years in jail for speeding offenses that cause serious injury, which is considered a felony
• Fines between $5,000 and $10,000 and up to 15 years in jail for speeding offenses that result in death
• License revocations
• Speeding offenses on a driver's record may be accessed by employers and insurance companies, which may lead to difficulty securing employment and high insurance premiums.

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

A speeding ticket or other traffic citation in Rhode Island will generally remain on a driver's record for up to 3 years. This record is accessible to certain eligible parties, including insurance companies, who may use it to determine insurance premiums. After three years, the state DMV, which tracks and maintains these records, will remove it from the driver's record. It should be noted that Rhode Island does not use a point demerit system as a penalty for driving offenses in the state. Information concerning driver's records in Rhode Island may be found in the Rhode Island Traffic Court Records.

Although speeding tickets are typically removed from a driver's record after 3 years, certain factors may influence how long the record remains. Repeat offenses and serious crimes, such as DUI offenses and those escalated to criminal matters, such as eluding the police or crashes that cause fatalities, may remain on the driver's record for longer periods.

Insurance companies may also consider a driver's offenses for longer periods, even after the DMV has removed the record from their database. This time and the effect the record has on the driver's insurance premiums will vary by insurance provider. For example, even though the speeding offense may be cleared from the driver's record after 3 years, insurance companies may consider it when renewing premiums for up to 5 years.

Can a Speeding Ticket Be Expunged from Your Record in Rhode Island?

Typically, speeding tickets and other civil traffic infractions cannot be expunged in Rhode Island because they are considered civil offenses and not criminal offenses. Rather, civil infractions will remain on a driver's record with the state DMV for a set period after which they are removed. The Rhode Island Traffic Tribunal is in charge of civil traffic offenses as part of the legal system. A speeding ticket offense in Rhode Island may only qualify for expungement if it escalated to a criminal offense, such as reckless driving, which qualifies for expungement.

Speeding offenses, such as reckless driving(first offense only), which is a misdemeanor, and felonies, such as eluding the police, may qualify for expungement after sentence completion and a waiting period under R.I. Gen. Laws § 12-1.3-1. Typically, the waiting periods for expunging these records are 5 years and 10 years, respectively, if the driver has no repeat offenses. More serious offenses where speeding led to a death or serious injuries are considered major felonies and do not qualify for expungement.

In some cases, speeding tickets and minor civil traffic infractions may qualify to be dismissed from a driver's record if they have had a good driving record with no offenses for the past three years. Drivers may request a dismissal based on a "good driving record" at the Rhode Island Traffic Tribunal. During the petition, drivers are required to prove they have had a perfect driving record with no offense for the last three years before the current offense. For first-time offenders who are minors(under 18 years old), the tribunal may choose to reduce penalties or permit dismissal of the case after a probationary period where the driver commits no new offenses.