How Much over the Speed limit is a Felony in North Dakota?

North Dakota does not have a specific MPH threshold at which speeding may result in a felony. However, the state's laws distinguish between routine speeding violations (infractions), reckless driving misdemeanors, and criminal charges associated with causing injury or death to a person. It is worth noting that speeding alone cannot result in a felony, regardless of the speed at which the driver travels.

Basic Speeding (Infractions)

In North Dakota, the prevalent type of traffic violation is basic speeding. Typically, this happens when a motorist exceeds the posted speed limit by a margin, such as 5 to 15 miles per hour. The state classifies such offenses as civil infractions under North Dakota Century Code (NDCC) § 39-09-02 and § 39-06.1-10. Penalties typically consist of a predetermined fine and adding points to the driver's record, depending on how much the driver exceeded the speed limit. For example, going over the speed limit by 11 to 15 mph could result in 3 points, while driving 36 mph or more over the limit could result in 12 to 15 points.

Reckless Driving

According to NDCC § 39-08-03, reckless driving involves disregarding the rights and safety of other road users, operating a vehicle without due caution, and driving at high speeds that endanger life and property. Examples of reckless driving in North Dakota include driving significantly above the posted speed limit, especially in residential areas or adverse weather conditions, changing lanes in traffic erratically, tailgating, driving under the influence, and distracted driving.

North Dakota classifies reckless driving as a Class B misdemeanor. Individuals charged with such an offense may face up to 30 days in jail and/or a fine of up to $1,500. In instances where reckless driving behavior causes bodily injury, the offense may be upgraded to aggravated reckless driving, a Class A misdemeanor. Individuals convicted of this offense may face up to 360 days in jail and a fine of up to $3,000.

Felony

Felony charges typically arise when speeding leads to more serious consequences, such as vehicular homicide or criminal vehicular injury. Criminal charges are not triggered by speeding alone; they are determined by the adverse outcomes of the driver's actions, such as causing a death or serious injury. In North Dakota, felony cases carry longer prison sentences and severe legal consequences. Under NDCC § 12.1-16-02, a driver who causes a death while driving recklessly (vehicular homicide) may be charged with a Class B felony. This carries a potential jail time of up to 10 years and a fine of up to $20,000.

Is Speeding a Felony in North Dakota?

In North Dakota, speeding alone does not qualify as a felony. Instead, the law classifies speeding offenses based on the severity of the driving behavior and the corresponding consequences.

Civil Infractions

Under NDCC § 39-09-01 et seq, speeding is a civil infraction, not a criminal offense. A civil infraction may result in a fine and adding points to a driving record, but it typically does not involve jail time. For instance, a driver who exceeds a posted speed limit by as much as 36 mph or more may have up to 15 points added to their driving record.

Excessive Speeding/Reckless Driving

In North Dakota, anyone who engages in excessive speeding or drives their vehicle in a manner that endangers the lives of others may face reckless driving charges under NDCC § 39-08-03. Reckless driving is a Class B misdemeanor in North Dakota, and it carries a potential penalty of up to 30 days in jail and/or a fine of $1,500.

Under North Dakota law, a reckless driving charge may be upgraded to aggravated reckless driving if such an act causes bodily injury. Aggravated reckless driving is a Class A misdemeanor with a potential jail term of up to 360 days and/or a fine of up to $3,000.

When Speeding May Become a Felony

Speeding may lead to a felony charge when it is connected to serious harm under other statutes, not just speeding alone:

• Vehicular Homicide: Under NDCC § 39-08-01.2(1), a motorist who causes the death of another person while speeding and intoxicated may face a Class A felony charge. Such a charge is punishable by a minimum of three years in prison.
• Criminal Vehicular Injury: A driver who causes serious bodily injury to another person while speeding and intoxicated may face a Class C felony. This offense may result in a prison sentence of one year and one day, increasing to at least two years for repeat offenders.

Can a Speeding Ticket Become a Felony in North Dakota?

Under Dakota law, a routine speeding ticket alone cannot result in a felony. Speeding tickets are regarded as civil infractions that may result in penalties such as fines and points on a driving record, rather than jail time. Although there are no provisions in North Dakota traffic law for a routine speeding ticket to be escalated to a felony, specific criminal statutes may convert a basic speeding ticket into a misdemeanor or felony under specific conditions. The determining factor is not mere speed—it is what else accompanies the behavior.

Misdemeanor Escalation (Reckless Driving)

NDCC § 39-08-03 defines reckless driving as driving "recklessly in disregard of the rights or safety of others", or "without due caution and circumspection and at a speed or in a manner so as likely to endanger any person or property". Individuals charged with reckless driving may face a Class B misdemeanor. This offense becomes aggravated reckless driving behavior (Class A misdemeanor) if it results in bodily injury.

It is worth noting that a driver whose driving behavior exhibits disregard for safety may still face a reckless driving charge regardless of whether they were overspeeding or not.

Speed-related incidents that may upgrade routine speeding tickets into felony charges include the following:

Criminal Vehicular Homicide/Injury - NDCC § 39-08-01.2

A driver who causes a death while driving under the influence may face a Class A felony with its attendant mandatory minimum prison sentences. Similarly, if an intoxicated driving incident results in serious bodily injury, the driver is liable for a Class C felony.

Street Racing / Exhibition Driving – NDCC § 39-08-03.1

By default, street racing is a misdemeanor offense that may result in the Driver's License and Traffic Safety Division of the North Dakota Department of Transportation adding 10 points to a driver's license. However, street racing becomes a Class C felony if it causes serious injury, and a Class B felony if it results in death.

Driving with a Suspended License and Crashing

An individual who causes an accident that results in serious injury or death while driving with a suspended license may face a Class C felony charge under NDCC § 39-06-42.

Types of Speeding Tickets in North Dakota: Infraction, Misdemeanor, or Felony

In North Dakota, speeding-related offenses are typically non-criminal offenses. However, specific statutes may escalate North Dakota speeding tickets to criminal charges based on the driver's conduct and the consequences of their action. The following section discusses the general types of speeding tickets in North Dakota:

Infractions

These are basic or routine speeding tickets that 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 may also receive points on their license (e.g., 1 to 5 MPH over earns 0 points; 36+ MPH over earns 15 points). Offenders do not face jail time for infractions.

Misdemeanors

Under NDCC § 39-08-03, drivers who engage in extreme or dangerous speeding that "endangers or is likely to endanger" others may face reckless driving charges. This is a Class B misdemeanor, attracting penalties up to 30 days in jail and/or a $1,500 fine.

Suppose a driver's reckless driving causes bodily injury. In that case, it becomes aggravated reckless driving, a Class A misdemeanor punishable by up to 360 days in jail and/or a fine of up to $3,000.

Felonies

North Dakota does not regard speeding as a criminal offense. Instead, felony charges arise when someone is seriously harmed or killed as a result of the driver's actions.

Under North Dakota laws, someone who causes significant bodily injury to another person may face a Class C felony charge. The offense carries a minimum one-year prison term.

Criminal vehicular homicide (causing death) is a Class A felony punishable by at least three years' imprisonment, with more extended mandatory terms if the criminal has previous similar convictions.

Penalties for Felony Speeding Tickets in North Dakota

In North Dakota, felony-level penalties associated with vehicular offenses usually occur when serious bodily injury or death results from driving (not speeding alone); excessive speeding alone cannot elevate the offense to a felony. The penalties related to these vehicular offenses are as follows:

Criminal Vehicular Homicide

• Description: Causing the death of another person while committing a DUI or reckless driving
• Classification: Class A felony.
• Jail Time: At least 3 years' imprisonment (increases to 10 years minimum with a prior conviction).
• Fines: Courts may impose fines up to the statutory limit (typically $10,000).
• License Revocation: Mandatory revocation of driving privileges

Criminal Vehicular Injury

• Description: Causing serious bodily injury with a vehicle
• Classification: Class C felony.
• Jail Time: Minimum 1 year imprisonment (increases to a minimum of 2 years on second or subsequent convictions)
• License Revocation: Automatic license revocation

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

Typically, a North Dakota speeding ticket remains on an official driving record for three years from the date of conviction. The North Dakota Department of Transportation (NDDOT) maintains records of traffic violations (for legal and administrative purposes) for three years. However, more serious or felony traffic offenses may remain on a driving record for an extended period.

In North Dakota, auto insurers typically adopt a three- to five-year lookback period for assessing driving history. This suggests that even if NDDOT no longer tracks the ticket for administrative purposes, it may still influence insurance premiums during this window.

North Dakota utilizes a formal points system to monitor traffic violations and impose penalties. Under the system, certain moving violations, such as speeding, result in a specified number of points being added to a driver's record, as outlined in the North Dakota Department of Transportation's official schedule. An adult driver who accumulates 12 or more points will have their license automatically suspended (seven days for each point over 11). Drivers under 18 years of age will have their driving privileges canceled if they accumulate six or more points.

Drivers may, however, sign up and complete a state-authorized defensive driving course to reduce points. Successful completions of such courses usually result in a 3-point reduction once a year. Individuals who undergo a three-month waiting period without new violations may have a point deducted from their driving record.

In North Dakota, information seekers may obtain details of speeding violations that result in criminal charges as a subset of the North Dakota traffic court records.

Can a Speeding Ticket Be Expunged from Your Record in North Dakota?

North Dakota law does not permit the expungement or sealing of standard speeding tickets. The state only permits expungement in limited, specific situations, such as:

• First-time offense for marijuana possession (≤1 ounce).
• Convictions related to being a victim of human trafficking
• The courts may automatically seal juvenile records after a set timeframe.

Since the list above does not include speeding, the offender is ineligible for expungement or sealing under North Dakota law.

Retention of Speeding Tickets on DOT Records

The North Dakota Department of Transportation (NDDOT) retains speeding violations on motorists' driving records. It utilizes this information for point tracking (e.g., a ticket might carry points for up to 3 years).

These violations stay visible on complete driving history checks and may impact insurance or licensing, even though minor infractions are inaccessible to the public after three years.

Juvenile Offenses

Under North Dakota juvenile court rules, judges may automatically seal minors' traffic records once they reach 18 or the legal retention period ends.