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

Typically, reckless driving is a misdemeanor under the Wisconsin Statutes. However, it can be elevated to a felony if the victim dies or suffers significant bodily harm or permanent bodily damage. Per the state's Statutory Elements, vehicular homicide is a serious felony that could attract up to $25,000 in fines or ten (10) years in prison.

Under Wisconsin law, driving 25mph above the speed limit on a highway within a city or village or exceeding 65mph on an expressway or freeway is a traffic violation. Such violations attract tickets or points on the violator's license. Nonetheless, one may face a reckless driving charge if they are guilty of negligent behaviour like cell phone use and improper lane changes that endanger or hurt others.

Is Speeding a Felony in Wisconsin?

No, speeding is not a felony in Wisconsin. Per the Wisconsin Statutes, speeding is a civil infraction. Rather than a criminal charge, it attracts an infraction speeding ticket, highlighting the specific traffic violation committed and the corresponding consequences. In Wisconsin, the consequences of speeding might include a municipal court hearing, a fine, and some demerit points on the driver's record. Speed violations do not require a court appearance; however, they may be needed if the driver contests the ticket or fails to pay the fine. Notably, Wisconsin speeding ticket fines might cost between $200 and $800, depending on the severity of the offense.

While speeding is not a felony in Wisconsin, excessive speeding that endangers the lives of other individuals is considered a misdemeanor, which attracts a reckless driving charge, a fine, or some jail time. The charge could be elevated to a felony if the driver is also guilty of reckless or negligent behaviours like operating while intoxicated (OWI), aggressive driving, or cell phone use offenses that result in the victim's death or permanent bodily damage. Reckless driving felony cases are always heard in court, and the ruling might involve fines of up to $25,000 and ten (10) years in prison.

Can a Speeding Ticket Become a Felony in Wisconsin?

In Wisconsin, speeding tickets are typical consequences of excessive speed, and they can be cleared through fines and demerit points on the offender's license. However, the presence of some additional factors might elevate the speeding ticket to a felony. These factors include:

• Death of the victim or serious injuries that threaten life or result in permanent physiological damage.
• Speeding in a school zone or construction area which results in severe injuries or the death of a student or worker.
• Evading police after committing a traffic violation.
• Having a record of multiple traffic violations.
• Negligent behaviour like operating while intoxicated (OWI), erratic lane changes, and cell phone use offenses (texting or calls while driving).

Note that excessive speed (more than 25mph on a highway and 65mph on a freeway) is not a felony; nonetheless, adding any of these above factors would result in a felony that would attract huge fines or jail time.

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

Per Wisconsin Statutes, speeding tickets are classified into different categories based on the severity of the violation or damage. These classes include:

Infractions: Minor speeding violations that do not result in a potential or actual harm to any individual are considered civil infractions. Such speeding tickets usually attract fines of about $200 to $800 and demerit points on a driver's license, but not a criminal charge. The corresponding fine or demerit points required by an infraction speeding ticket depend on the extent of the speeding violation.

Misdemeanors: These are a consequence of more serious speeding violations that involve reckless or negligent behavior, such as using cell phones while driving and erratic driving. When such reckless behaviour endangers the life of another person, it attracts a reckless driving charge, which is a misdemeanor. Such tickets are resolved by paying higher fines, jail time, or suspension of one's license.

Felonies: Per Wisconsin Statutory Elements, the most serious speeding violations that cause injuries, death, permanent bodily damage, or endanger public safety are considered felonies. For vehicular homicide, a speeding ticket might result in prison time of up to six (6) years, fines of up to $6000, and suspension of the driver's license.

Penalties for Felony Speeding Tickets in Wisconsin

Most speeding tickets in Wisconsin are typically resolved by fines and demerit points on the license. However, felony speeding tickets attract more dire consequences. Depending on the judge and the extent of the offence, the defendant may suffer at least one or two of these consequences:

• Jail or prison time of up to ten (10) years
• Fines of up to $25,000, depending on the severity of the violation and extent of the damage
• License suspension or revocation
• Demerit points on the driver's license vary based on the speed and extent of the damage.
• Permanent criminal record, which can affect employment, insurance rates, and housing opportunities

License suspension is not a common consequence of speeding tickets; however, felony offenders may suffer license suspension or revocation. According to Wisconsin's DMV, severe offenses accumulating at least 12 or more demerit points on the driver's license will result in a suspension. Notably, the duration of the suspension varies with the number and status of the violator's license.

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

Per the Wisconsin Department of Transportation, most speeding tickets or traffic violations stay on an individual's driving record for five (5) years after the date of conviction. During this period, the traffic violation remains accessible to the public, including potential employers and landlords. Insurance rates and premiums may also go up significantly to accommodate the costs of damages. After five (5) years, the ticket is automatically redacted from the defendant's record and restricted from public access, while the DMV demerit points remain on the record. DMV demerit points can be reduced by completing a traffic safety course.

Notably, alcohol-related traffic violations, like Operating While Intoxicated (OWI), are exempted from the five-year removal rule under Wisconsin law. This means that there is no expiry date for alcohol-related traffic violations in Wisconsin; rather, they remain on an individual's record indefinitely.

Like all Wisconsin traffic court records, speeding tickets are maintained by the state's traffic courts. One can always request to examine them via in-person visit to the courthouse, email, or phone call.

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

Expungement of speeding tickets or traffic violation records is not common in Wisconsin. In fact, some traffic violations, like alcohol-related offenses and violent felonies, are not eligible for expungement. The state's Statutory Elements limit expungement of speeding tickets to offenses and defendants that fulfil the following requirements:

• They are younger than 25 years.
• They have completed all requirements of their sentence (fines and jail time).
• The offense requires a maximum jail time of 6 years.