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

Speeding is generally not considered an offense in Vermont unless a driver is clocked speeding 30 mph over the posted speed limit. But even in such cases, a driver can only be arrested and cited for a misdemeanor, not a felony. Speed limit violations are often prosecuted as negligent operation, excessive speed, or both, which are classified as misdemeanors.

Under Vermont Statutes Annotated 23 V.S.A. § 1097, operating a motor vehicle on a public highway at 60 mph or more is illegal if that speed is also at least 30 mph over the posted speed limit. This is considered excessive speed and may result in:

• Arrest by a patrol officer
• Vehicle impoundment, and
• Mandatory court appearance

A first offense may attract an imprisonment term of up to three months, a fine of up to $300, or both. A second offense may lead to imprisonment for up to six months, a fine of up to $500, or both.

It is important to note that felony charges generally do not apply to speeding alone in Vermont. A felony may arise only if speeding is accompanied by aggravating factors, such as causing serious bodily injury, death, or reckless endangerment under other provisions of Vermont criminal law.

Is Speeding a Felony in Vermont?

Excessive speed may be a crime if an individual drives more than 30 miles over the posted limit. Vermont police sometimes issue a criminal excessive speed charge and a civil ticket for the same offense. Most speeding violations fall under Vermont's civil system or are misdemeanors. For example, speeding over 60 mph, or 30 mph above the limit, is a misdemeanor punishable by up to 3 months in jail or a $300 fine for a first offense; up to 6 months or $500 for a second.

Most speeding tickets in Vermont are civil infractions, usually resulting in a fine and points on your license without criminal charges. However, if someone is caught driving more than 30 mph above the speed limit, is repeatedly convicted of similar offenses, or is driving so dangerously that others are put at risk, the offense can be escalated to a misdemeanor or even a felony.

For example, "excessive speed" (going at least 60 mph and 30 mph over the limit) can lead to jail time and substantial fines as a misdemeanor. If the speeding results in injury or death, or involves "grossly negligent operation" (reckless driving), it can be prosecuted as a felony with much harsher penalties, including years of imprisonment.

Can a Speeding Ticket Become a Felony in Vermont?

In Vermont, a speeding ticket can be escalated to a felony if:

• The violation results in death or serious bodily injury,
• It involves reckless or negligent operation of a vehicle.

Specifically, excessive speed (30 mph or more over the speed limit) can be prosecuted as negligent operation, which can be a misdemeanor or, if it results in death, even vehicular homicide, a felony.

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

• Infractions: Minor speeding over the limit; fines and license points, but no criminal record.
• Misdemeanors: Higher speeds (30+ mph over the limit), reckless or repeat offenses, fines, and possible jail time of up to two years.
• Felonies: Speeding causing death or serious injury; criminal charges with severe penalties, including long prison terms.

Penalties for Felony Speeding Tickets in Vermont

When excessive speed escalates to a felony conviction in Vermont, the consequences are severe and can include:

• Imprisonment: For felony offenses like Grossly Negligent Operation resulting in serious bodily injury or death (23 V.S.A. § 1091(b)), the offender can face imprisonment for up to 15 years.
• Fines: Speeding offenses are traffic violations with fines up to $1,000 (23 VSA § 2302)
• License Revocation/Suspension: Suspension or revocation through a point system (23 VSA § 2500 to § 2507).
• Criminal Record: A felony conviction becomes part of an individual's permanent criminal record, which can significantly impact future employment, housing, and other aspects of life.
• Restitution: If the offense resulted in injury or damage, the court may order the offender to pay restitution to the victims for medical expenses, property damage, and other losses.

Consequences of felony traffic violations in Vermont may include lengthy incarceration sentences of more than 2 years in state prison and possible life imprisonment. They may also involve expensive fines and potential loss of civil rights or privileges. The severity of felony traffic violations and their penalties are typically determined by the court, which designates crimes as felonies and fixes sentences on a case-by-case basis.

However, repeat offenses may be escalated from traffic misdemeanors to felony traffic violations, especially when serious harm is done. Such offenses are typically DUI and DWI violations.

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

In Vermont, points generally stay on an individual's record for two years from the conviction date. Minor speeding violations, such as driving 1–10 mph over the limit, usually remain on a driver's Vermont Department of Motor Vehicles record for 2 years and may impact insurance premiums for up to 3 years. More serious infractions, such as driving 30+ mph over the limit or reckless operation, can stay visible for 5 years or longer, especially if they result in criminal charges. DMV points for moving violations generally remain active for 2 years from the date of conviction and are often reflected in Vermont traffic court records.

More serious offenses, including felony-level traffic crimes, DUI, or reckless driving that causes injury, may remain visible indefinitely and require formal expungement or record sealing under Vermont law.

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

Civil traffic violations in Vermont, such as basic speeding tickets, cannot be expunged from a driving record because they are not considered criminal offenses. The Vermont Department of Motor Vehicles maintains these violations for a limited period (typically 2 years for points and 2–5 years for record visibility). While points may drop off after the retention period, the violation may still appear on your complete driving history. However, its impact on insurance and legal standing often fades over time. Unlike criminal cases, civil infractions are not eligible for expungement under 13 V.S.A. § 7601–7607, which governs sealing and expungement procedures.

However, misdemeanor or felony-level speeding offenses that involve reckless driving and injury may be eligible for expungement after a waiting period (typically 5 years for misdemeanors and 10 years for certain felonies). Eligibility requires that the individual complete their sentence, have no new convictions, and maintain a clean driving history.