How Much over the Speed limit is a Felony in New Jersey?

New Jersey does not have a precise threshold at which speeding alone becomes a felony. However, felony offenses may arise when speed combines with reckless behavior or crashes to cause harm.

Under New Jersey traffic laws, drivers do not face criminal charges for civil infractions. They are subject to fines and potential insurance premium increases based on their driving record.
New Jersey speeding violations are monitored under a point-based system maintained by the New Jersey Motor Vehicle Commission (MVC).

N.J.S.A. 39:4-96 defines reckless driving as "driving heedlessly" or "in a willful or wanton disregard for safety". Some characteristics of careless driving include excessive speeding, racing, swerving and out of lanes, following another vehicle too closely (tailgating), making inappropriate turns, non-compliance with traffic signs, officers, or control devices.
Although reckless driving by itself is a misdemeanor, it may be a factor in felony-level offenses.

Vehicular Homicide

Under N.J.S.A. 2C:11-5, a driver who causes the death of another person while speeding may face a second-degree vehicular homicide charge. This felony typically carries a prison sentence of five to ten years, with a mandatory minimum of one-third of the sentence, usually three years. The charge may be upgraded to first-degree homicide, with the potential for 20 years' imprisonment if the death occurs in a school zone while driving under the influence.

Aggravated Assault by Auto

Under N.J.S.A. 2C:12 1(c), drivers who cause serious bodily injury to another person while speeding may face charges of aggravated assault by auto, which is a felony. The penalties for this offense may become more severe if the offender was speeding in a school zone or was under the influence (DUI). Depending on the circumstances, this offense may be classified as a third- or fourth-degree crime, with punishments ranging from 3 to 5 years in prison (third-degree) to up to 18 months (fourth-degree).

Eluding Law Enforcement

Under N.J.S.A. 2C:29-2, this offense occurs when a motorist deliberately tries to escape or evade a police officer after being signaled to stop, especially by using lights or sirens. If the escape involves high-speed driving or creates a risk of injury, they may face a second-degree charge. This carries a prison sentence of 5 to 10 years and fines up to $150,000. The state may charge less dangerous eluding as a third-degree offense.

Is Speeding a Felony in New Jersey?

In New Jersey, speeding alone cannot lead to a felony; the state treats all speeding violations as civil infractions rather than criminal offenses. Exceeding the posted speed limit by 30 mph or more remains a traffic infraction, not a criminal charge.

Speeding 15 to 29 mph over the limit may result in 4 points on a New Jersey license, while speeding more than 30 mph over the limit may lead to 5 points. These violations usually result in fines, demerit points, and insurance surcharges. However, they do not constitute criminal charges or jail time.

Speeding May Lead to Criminal Charges

Speeding violations may rise to a misdemeanor or felony only if the driver's behavior includes the following:

• Reckless Driving under N.J.S.A. 39:4-96: This misdemeanor offense involves excessive speeding or unsafe driving maneuvers.
• Aggravated Assault by Auto (N.J.S.A. 2C:12-1(c)): This felony offense arises when someone is seriously injured due to reckless driving behavior.
• Vehicular Homicide (N.J.S.A. 2C:11-5): This occurs when someone dies as a result of negligent or reckless driving that involves excessive speeding.
• Eluding Law Enforcement (N.J.S.A. 2C:29-2) – Fleeing from law enforcement at high speed constitutes an unsafe driving act, and offenders may face a felony charge.

Can a Speeding Ticket Become a Felony in New Jersey?

In New Jersey, a driver speeding by as much as 30 mph or more over the limit, or in a school or construction zone, may be issued a speeding ticket for offenses classified as traffic infractions, not felonies. Likewise, motorists may receive speeding tickets for excessive speeding (driving 100 mph or more) while engaging in reckless driving actions, such as swerving in and out of traffic, racing, tailgating, making aggressive maneuvers, or speeding through school zones or construction zones at extremely high speeds. New Jersey laws (N.J.S.A. 39:4) classify these offenses as misdemeanors, not felonies. Penalties for such offenses may include up to 60 days in jail, a $500 fine, and five license points for a first offense.

In New Jersey, felonies do not arise from merely speeding. There must be other factors that lead to serious consequences:

• Vehicular Homicide (Reckless Vehicular Homicide) under N.J.S.A. 2C:11-5: This is typically a second-degree felony (5–10 years in prison, plus significant fines) for causing death through reckless driving. The offense may, however, escalate to a first-degree felony if the incident involved DUI in a school zone, punishable by up to 20 years in prison and community supervision.
• Vehicular Homicide (DUI fatality) under N.J.S.A. 2C:11-5.3 is a third-degree felony, punishable by up to 5 years in jail and significant fines.
• Speeding tickets for offenses such as street racing or evading the police during a high-speed chase may result in felony charges if bodily harm or death occurs.

Types of Speeding Tickets in New Jersey: Infraction, Misdemeanor, or Felony

In New Jersey, speed-related offenses are classified into three groups based on the severity of the conduct and its consequences: infractions, misdemeanors, and felonies.

Infractions

These basic or routine speeding tickets may involve violations such as driving a few miles per hour over the posted speed limit. Offenders typically pay a standard fine that aligns with their speed over the limit. They do not face jail time.

Under N.J.S.A. 39:4-98, drivers who exceed the speed limit by 1 to 14 mph earn two points on their license; those exceeding 15 to 29 mph over the limit earn four points. Driving 30 mph or more above the speed limit carries 5 points and higher fines.

Misdemeanors

In New Jersey, speeding may result in a misdemeanor charge when combined with reckless behavior that endangers the public, regardless of whether it causes injury. Speeding and reckless driving behavior, such as weaving in and out of traffic, racing, distracted driving, or disregarding traffic controls, typically result in a disorderly persons offense (misdemeanor). Such a violation attracts a penalty of five points on a license. Exceeding the speed limit by 35 mph and engaging in dangerous driving (e.g., changing lanes erratically or tailgating) may result in a speeding ticket for reckless driving.

Felonies

New Jersey does not consider speeding alone a criminal offense. Instead, felony charges arise when someone is seriously harmed or killed as a result of the driver's actions.

Penalties for Felony Speeding Tickets in New Jersey

Regardless of how fast a driver travels, they cannot be issued a felony ticket for speeding alone in New Jersey. Felony-level penalties usually occur when speeding combines with reckless driving to cause serious bodily injury or death. The penalties for felony speeding offenses in New Jersey are as follows:

Second-degree Vehicular Homicide (under N.J.S.A. 2C:11-5)

• Penalties: 5–10 years in prison, fines up to $150,000, plus 85% mandatory prison time under the No Early Release Act. First-degree Felony (if DUI is involved or death occurs in a school zone)
• Penalties: 10 to 20 years in prison, fines up to $200,000, and mandatory license revocation (including life suspension for DUI-related cases). Third-degree Strict Liability Vehicular Homicide (N.J.S.A. 2C:11-5.3) This results from a DUI death, even without reckless intent.
• Penalties: 3–5 years in prison and fines up to $15,000

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

In New Jersey, the Motor Vehicle Commission (MVC) maintains official driving history records that comprise all moving violations, points, accidents, suspensions, and related actions from the past 5 years. Consequently, drivers who request certified copies of their driver history abstracts will be able to view speeding tickets accumulated within this five-year window. New Jersey speeding tickets impact driving records in various ways, each with its own retention period and consequences.

New Jersey utilizes a points system for tracking traffic violations, and these points remain on a motorist's driving record for an indefinite period.

In New Jersey, Insurance surcharges apply for points acquired within the previous three years. Drivers who accumulate six or more points within three years may incur annual surcharges (e.g., $150 + $25 per point). Those who accrue 12 points at any point in time will have their driver's license suspended by the MVC.

Although points remain permanently on records, drivers may take the following proactive measures to reduce active point totals over time:

• Staying one year violation-free reduces three points from the record.
• Taking a defensive driving course (once every five years) removes 2 points.

During background checks, insurance companies may access the MVC's 5-year driver history abstracts. However, auto insurers typically adopt a three-year lookback period for assessing driving history and setting premiums. Therefore, speeding tickets acquired during this period may increase insurance premiums. Some insurers may additionally evaluate a 5-year window that coincides with the MVC's record retention schedule.

Individuals seeking information about speeding violations that result in criminal charges may wish to explore New Jersey traffic court records.

Can a Speeding Ticket Be Expunged from Your Record in New Jersey?

In New Jersey, Title 39 prohibits the expungement of motor vehicle convictions, including speeding tickets, reckless driving, and DUI infractions. New Jersey law only considers criminal convictions (e.g., felonies, disorderly persons offenses) or municipal ordinance violations, which may be considered, subject to mandatory waiting periods.

MVC-maintained traffic violations stay on offenders' driving records indefinitely, meaning the points never disappear. Although New Jersey speeding tickets cannot be expunged, they typically cease to impact insurance and license points after three years, depending on the insurer's policies and MVC abstract rules.

New Jersey does not offer traffic school or deferral programs that remove or dismiss speeding tickets. Once entered into the record, they remain unless the defendant contests and obtains the dismissal of the citation in court. Thereafter, that particular ticket disappears. New Jersey also has no special provision allowing minors or first-time offenders to expunge speeding tickets.

There is a difference between the driving records maintained by the MVC and criminal records. The MVC maintains a permanent history of traffic violations, which are not related to any court-based sealing or removal process. In contrast, New Jersey's expungement law (Title 2C:52) focuses on misdemeanor and felony convictions, not traffic violations.