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

Driving over stipulated speed limits does not result in felony charges in Kentucky. Excessive speeding does not typically result in felony charges under state law. Kentucky traffic laws (KRS § 189.394) view traveling above established speed limits as a traffic violation and provide a tiered fine system for motorists who exceed these limits. However, speeding as a traffic violation may result in a felony when aggravating factors are involved. The following section distinguishes between speed violations and driving behavior that may lead to felony charges in Kentucky.

In Kentucky, the standard for speeding violations is spelled out in KRS § 189.394:

• Driving over 10 mph attracts a $6 fine, while exceeding 25 mph results in a $55 fine.
• Driving at a rate exceeding the maximum schedule (i.e., excessive speeding) may result in a fine of $60 to $100. Offenders may also have their license suspended.

Reckless Driving

Under KRS § 189.290, speeding associated with reckless driving may result in a felony. The law defines reckless driving as any behavior that ignores the well-being of drivers, passengers, motorists, or pedestrians.

Some driving behaviors considered reckless under the law include exceeding the speed limit by 26 mph or more, weaving through traffic, erratically changing lanes, following another vehicle too closely, driving while using a cell phone, drag racing, and speeding through a school/construction zone.

Fleeing or Evading Police

Another aggravating factor that may result in a felony is fleeing or trying to evade law enforcement officers (KRS § 520.095). Drivers speeding to avoid a traffic stop or a police chase may face charges of Fleeing or Evading Police in the First Degree, a Class C felony. Such a charge may apply when a driver disregards a stop signal from the police, accelerates their vehicle to get away, or puts other people in danger while being pursued.

Wanton Endangerment

Motorists driving at high speeds in populated areas or residential districts may face a Class D felony charge of Wanton Endangerment (KRS § 508.060). As long as the behavior presents a significant risk, this allegation applies even without any injuries.

Assault or Vehicular Homicide

A driver who speeds and causes a fatality or significant injury may face felony charges such as manslaughter, vehicular homicide, or assault under the relevant Kentucky Homicide Statutes (KRS § 507.040 and KRS § 507.060).

Is Speeding a Felony in Kentucky?

In Kentucky, speeding above the legal limit is a traffic violation, not a felony. However, there are instances where it may result in felony charges against a motorist. Kentucky law considers driving over the legal limits to be a civil traffic violation under KRS §189.390 and KRS §189.394. These statutes recommend penalties such as fines and the addition of license points to an offender's driving record. There are no criminal records or imprisonments involved for a speeding violation.

Furthermore, a driver who engages in reckless driving behavior that endangers the lives of other road users (pedestrians or motorists) may face a misdemeanor offense under KRS §189.290. Reckless driving may include exceeding the 26 mph limit, swerving or changing lanes recklessly, using a cell phone while driving, and speeding in a construction or school zone, among other offenses. These acts constitute misdemeanors, not felonies. Law enforcement officers may issue speeding tickets and fines to offenders, ranging from $20 to $100. Violators may also have 4 points on their licenses. Repeated offenders may be liable to further penalties.

KRS Chapter 507 outlines instances where dangerous driving may result in felony charges:

• Reckless driving that results in death is a Class D felony (Reckless Homicide – KRS §507.050) that attracts imprisonment of one to five years and fines up to $10,000.
• Speeding and wanton (extreme) driving behavior that results in a death attracts a second-degree (Class C felony) manslaughter charge under KRS §507.040.
• Speeding while under the influence that leads to a death is a Class B felony under KRS §507.060 (Vehicular Homicide). Individuals charged with such an offense face jail time ranging from 10 to 20 years, or fines between $1,000 and $10,000.

Can a Speeding Ticket Become a Felony in Kentucky?

Typically, a speeding ticket for excessive speeding does not result in a felony charge in Kentucky. Driving at extreme speed through a residential community or school zone, weaving through traffic lanes, or following another car closely are misdemeanors related to reckless or dangerous driving. However, a speeding ticket may lead to felonies when such misdemeanors are combined with other risky behaviors, as discussed below:

• Evading or Fleeing Law Enforcement: A police chase that has the potential to cause or risk serious injury or death, referred to as Fleeing in the First Degree, is a Class C Felony. Evading a stop order in a manner that results in bodily injury is a Class D Felony (Fleeing in the Second Degree).
• Street Racing/Exhibition of Speed: Kentucky law considers street racing to be a misdemeanor reckless driving behavior. However, if such a race causes injury, death, or property damage, a speed ticket for such an offense may give rise to a felony charge of reckless homicide or aggravated assault under KRS Chapter 507.
• Causing Serious Injury or Death: Dangerous driving behavior that results in death, otherwise known as Reckless Homicide, is a Class D felony that may result in imprisonment for one to five years or fines up to $10,000. Drivers who engage in deliberate (wanton) and unnecessary high-speed driving that leads to a death may face a Class C Felony charge of Second-Degree Manslaughter. A case of speeding while intoxicated that leads to death may escalate a speeding ticket to a Class B Felony (Vehicular Homicide) with a prison sentence of 10 to 20 years.

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

Infractions

These are minor violations (non-criminal) that often result in the payment of fines or the addition of points to an offender's driving record. Offenders are not required to make court appearances, and sentences do not typically result in jail time. A typical example of an infraction would be a driver going slightly over the speed limit in a non-restricted zone (e.g., driving 1 to 15 mph over the posted limit on a highway).

Misdemeanor

These are criminal violations that attract severe consequences. Misdemeanor offenses in this category (Class A or B misdemeanors) often involve reckless behavior, repeat offenses, or excessive speeding. Misdemeanors include operating a vehicle at 26 mph or more than the posted speed limit, careless driving involving speeding and unsafe driving maneuvers, or speeding in educational or construction zones. Misdemeanors may result in a jail term of up to 90 days, increased fines, and possible court appearances. The offense appears on an offender's criminal record.

Felony

These are crimes that are usually associated with bodily harm or extreme risk to other people's lives. Speed-related felony offenses are classified as Class D or higher. Excessive speeding that results in a death (second-degree manslaughter) and severe physical injury (second-degree assault) are examples of felony offenses. Under KRS § 520.095, a driver who flees or evades police at high speeds may face felony charges. Offenders convicted of felony crimes face imprisonment for one to five years, fines of up to $10,000, revocation of their driver's licenses, and a permanent criminal record.

The following table summarizes the types of speeding tickets in Kentucky, categorized by severity, speed limit, associated driving behavior, and corresponding legal consequences.

Types of Speeding Tickets in Kentucky

Penalties for Felony Speeding Tickets in Kentucky

In Kentucky, individuals convicted of speeding offenses are liable to the following criminal penalties:

Reckless Homicide

Under KRS § 507.050, an individual is guilty of reckless homicide if they cause the death of another person. This Class D Felony may attract a prison sentence of one to five years and fines of up to $10,000. Offenders may incur a permanent criminal record from such an offense.

Vehicular Homicide

According to KRS § 507.060, vehicular homicide occurs when someone causes the death of another person through intoxicated driving. This crime is a Class B felony, and convicted persons are liable to incarceration ranging from 10 to 20 years or fines up to $10,000. The conviction may also earn them a permanent criminal record, which may affect employment, insurance rates, and housing.

Second-Degree Manslaughter

KRS § 507.040 describes this criminal offense as wanton behavior, such as dangerous or high-speed driving that results in a death. This Class C felony is punishable by imprisonment for five to ten years or fines of up to $10,000. The convicted person also incurs a permanent criminal record, which has legal consequences for employment, insurance rates, and housing matters.

Other Consequences

• Any felony conviction arising from a vehicular incident attracts a mandatory license revocation enforced by the Kentucky Transportation Cabinet (KRS §§ 507 & 520).
• Criminal convictions result in 12 or more points on a license, which is above the limit that triggers an administrative suspension.
• Felony convictions have long-lasting consequences. They remain on an offender's record indefinitely and may affect employment, housing, and insurance premiums.

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

The duration a speeding ticket remains on someone's Kentucky driving record depends on what is being tracked. Kentucky law requires the Kentucky Transportation Cabinet to maintain all official driving records, including those related to speeding convictions, for five years. However, points given for each speeding violation under Kentucky's Point System are removed after two years from the date of conviction, not the date of the citation.

Typically, auto insurers in Kentucky review the last three years of a driver's driving history. Since records of violations are officially maintained for five years, speeding tickets issued within that period may affect insurance premiums.

In Kentucky, speeding violations that result in criminal charges may be documented in Kentucky traffic court records.

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

According to Kentucky law (KRS § 431.078), individuals convicted of certain misdemeanors, violations, or traffic infractions (including speeding tickets) may be eligible for expungement five years after completing their sentence or probation.

Offenses that do not qualify for expungement include sex-related crimes (e.g., rape, sexual assault) and crimes against children, such as child endangerment. Additionally, prospective applicants must not have any felony or misdemeanor convictions within the last five years or currently face active criminal charges. The offense must not be liable to enhancement (e.g., repeat DUI).

To begin the expungement process, the petitioner must obtain a certificate of eligibility from the Kentucky State Police (through the Administrative Office of the Courts) before filing in court. Petitioners must pay a $100 fee per case when filing their petition and attend a hearing if necessary.

If the petition is granted, the court would instruct the Kentucky State Police (KSP) to seal the petitioners' records.

Please note that the KSP removes or seals criminal court records, including eligible traffic-related convictions. It does not apply to driving records, including points calculations, maintained by the Kentucky Transportation Cabinet (KYTC). The KYTC retains its records for licensing, insurance reporting, and other administrative purposes.

Driving Record Cleanup (Non-Criminal)

Drivers may qualify to attend the State Traffic School (STS), which allows the dismissal of one minor violation every 12 months. However, the court must recommend them for such a program. Those who complete the program may have speeding tickets removed from their driving record for the past three years. The STS costs $15 for in-person classes and $37 for online tutoring.

Point Expiration

In Kentucky, individuals who acquire speeding tickets get points added to their license (driving record). The state utilizes this system to monitor risky driving behavior. Points assigned to a driver stay on their records for two years from the date they were found guilty. Although the points expire after two years, the conviction remains on their records for 5 years. The expired points (after two years) may still result in a license suspension if a driver adds a fresh violation to their record within the next five years. After five years, the speeding ticket expires and may no longer affect the driver's license or vehicle insurance.

Deferred Adjudication and County Deferral Programs

In Kentucky, certain counties, including Kenton, Campbell, and Warren, offer diversion programs that may result in the dismissal of speeding tickets. Eligible participants typically must complete a traffic safety course, pay the administrative levy, which often ranges between $145 and $200, and avoid new violations within a six- to twelve-month probation period.

Special Provisions for Minors

Under KRS 610.330, minor offenders may qualify for the expungement of certain public offenses and minor violations after two years. However, they must not have a history of recurring offenses or active charges. Felonies and dependency/abuse cases are ineligible.