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How Much over the Speed limit is a Felony in South Carolina?
South Carolina generally has no specific miles-per-hour threshold for speeding to become a felony. Instead, felony charges for speeding in South Carolina result from the circumstances surrounding the specific offense. Section 56-5-1520 of the South Carolina Code classifies speeding as infractions or misdemeanors regardless of the speed over the limits.
In South Carolina, speeding below 24 mph over the speed limit is an infraction whose penalties are fines and points on a license, while speeding 25 mph or more over the limit is a misdemeanor. However, speeding becomes a felony if it involves vehicular homicide or driving under the influence and causing injury or death.
Is Speeding a Felony in South Carolina?
No, speeding is not a felony in South Carolina unless it involves serious outcomes such as bodily injury, death, or driving under the influence. In South Carolina, speeding alone does not result in a felony charge; a speeding violation is typically an infraction, at most, a misdemeanor, regardless of the speed. However, several factors may elevate a speeding citation to a felony. These include vehicular homicide or injury to third parties, causing injuries or death while speeding to evade the police, and fatal crashes resulting from speeding due to DUI.
Can a Speeding Ticket Become a Felony in South Carolina?
Yes, a South Carolina speeding citation may elevate to a felony. While speeding alone is generally not a felony in South Carolina, certain aggravating factors may elevate it to a criminal offense. In South Carolina, a speeding ticket may evolve into felony charges if:
- It results in injury or death to other people
- The offender causes injury or death due to DUI
- The driver causes injury or death while fleeing the police
- The individual is a habitual offender with three or more major convictions within 3 years
- The speeding involves coordinated reckless street racing events for illegal vehicle exhibitions (Section 56-5-3910 of the South Carolina Code).
Types of Speeding Tickets in South Carolina: Infraction, Misdemeanor, or Felony
South Carolina classifies speeding offenses based on the driver's behavior, the severity, and the outcomes. Such categories include infractions, misdemeanors, and felonies. In South Carolina, basic speeding violations result in penalties depending on whether the offense is an infraction or a misdemeanor. Infractions carry consequences such as fines and points on a driver's license. Misdemeanors may lead to more severe outcomes, including license suspension and a short-term prison sentence.
The table outlines the different classes of speeding violations in South Carolina.
| Class | Details | Example |
|---|---|---|
| Infraction | South Carolina classifies exceeding the speed limits without reckless or dangerous conduct as an infraction. Infractions are minor speeding violations that result in fines and points on licenses | Speeding over the limits on a highway or speeding in a non-school zone without causing injuries or death |
| Misdemeanor | A misdemeanor speeding violation in South Carolina refers to speeding with recklessness or willful disregard for public safety. A misdemeanor speeding violation in South Carolina is a criminal offense, and in addition to fines and points on the license, the penalties may include jail time | Examples of misdemeanor speeding in South Carolina include street racing and driving above the limit through school or construction zones |
| Felony | Felony-level speeding violations in South Carolina include those that involve injuries or vehicular homicide, speeding under the influence, or driving on a suspended license. Felony speeding convictions in South Carolina typically result in license revocation, large fines, and up to 25 years in prison. | In South Carolina, a driver commits a felony by driving 100 mph or more and causing a fatal crash, or operating a vehicle while under the influence and causing serious harm to others. |
Penalties for Felony Speeding Tickets in South Carolina
A felony conviction for speeding in South Carolina may have far-reaching impacts. In addition to fines and license revocation (applicable to infractions and misdemeanors), it may result in a long-term prison sentence with a criminal record. The table outlines the various penalties for felony speeding in South Carolina. Note that fines and prison time depend on the aggravating factors.
| Penalty | Details |
|---|---|
| Fines | Up to $25,100.00 (this may be in addition to restitutions) |
| License Revocation | A minimum of 5 years, and reinstatement may require Ignition Interlock Device installation (for DUI), SR-22 coverage filing, and driver improvement programs |
| Prison Time | 30 days to 25 years, depending on the circumstances and outcome of the speeding |
| Criminal Record | A criminal record may stay permanently on a record and influence employment, insurance rates, and housing choices. |
How Long Does a Speeding Ticket Stay on Your Record in South Carolina?
The South Carolina Department of Motor Vehicles (SCDMV) tracks speeding tickets for 3 years. During this period, the points on a driver's license remain active but automatically reduce by half after 1 year, reducing the possibility of license suspension. Nevertheless, speeding citations for more serious offenses stay on a driver's record longer. For instance, speeding tickets for driving 25 mph or more over the limit or reckless driving may remain on records for 5 to 10 years.
Insurance companies in South Carolina apply a 3-year to 5-year lookback period for calculating rates for coverage, making some records relevant even after point cutoffs. Lookback periods may even extend to 7 years for serious speeding offenses. Nonetheless, successfully contesting South Carolina traffic court records will prevent them from being on their records.
Can a Speeding Ticket Be Expunged from Your Record in South Carolina?
South Carolina does not expunge speeding tickets and other standard traffic violations. While legal speeding records may drop off after 3 years, a conviction remains permanently on criminal and driving records. However, in rare cases, reckless driving charges may be expunged after Pre-trial Intervention (PTI). An acquittal or dismissal verdict will also prevent South Carolina speeding tickets from appearing on records.