Most speeding tickets are not misdemeanors—they're civil infractions

A speeding ticket is usually a civil infraction, not a criminal charge. This means you pay a fine, points go on your driving record, and your insurance rates may increase. You do not go to jail, and you do not have a criminal record. The ticket stays in the traffic system, separate from criminal courts.

However, speeding can become a misdemeanor under specific circumstances. The line between a traffic infraction and a criminal charge depends on how fast you were going, where you were caught, and whether you have prior violations. Understanding which category your ticket falls into matters because the consequences are very different.

Key Takeaways

  • Most speeding tickets are civil infractions handled outside criminal court, resulting in a fine and points on your driving record but no jail time or criminal record.
  • Speeding becomes a misdemeanor when you exceed the speed limit by a large margin—typically 20 to 30 miles per hour or more, depending on your state.
  • Reckless driving charges, which can result from extreme speeding, are criminal misdemeanors that appear on a background check and may include jail time.
  • Repeat speeding violations within a short period can escalate a traffic infraction to a misdemeanor in some states.
  • The specific threshold for criminal speeding varies by state, so checking your state's traffic laws or speaking with a traffic attorney will clarify your situation.

How states define criminal speeding versus a traffic ticket

Each state sets its own threshold for when speeding crosses from a traffic infraction into criminal territory. Most states use one of two approaches: a specific speed over the limit, or a specific absolute speed regardless of the limit.

In states using the speed-over-limit approach, speeding becomes criminal when you exceed the posted limit by a certain amount—commonly 20, 25, or 30 miles per hour. For example, if you were going 55 in a 35 mph zone, you are 20 mph over the limit. In some states, that crosses into reckless driving or criminal speeding. In others, you remain in civil infraction territory.

States using the absolute speed approach make any speed above a certain threshold criminal, regardless of the posted limit. Arizona, for instance, treats speeds of 20 mph or more over the limit as criminal speeding. Nevada makes 20 mph over the limit a misdemeanor. California considers speeds of 30 mph or more over the limit as prima facie evidence of reckless driving, which is a misdemeanor.

Your state's driver's manual or the state highway patrol website lists these thresholds. A traffic attorney in your area can also tell you when ready whether your specific ticket falls into the criminal category.

Reckless driving charges and how they differ from speeding tickets

Reckless driving is a criminal misdemeanor that goes beyond straightforward exceeding the speed limit. It means driving with willful or wanton disregard for the safety of people or property. Extreme speeding—especially in residential areas, school zones, or in dangerous conditions—can be charged as reckless driving instead of or in addition to speeding.

The consequences of a reckless driving conviction are serious. You face potential jail time (typically up to 90 days to six months, depending on the state), a criminal record that appears on background checks, higher insurance rates, and possible license suspension. A misdemeanor conviction also affects employment, housing, and professional licensing in ways a traffic infraction does not.

Police officers have discretion in deciding whether to cite you for speeding alone or to add a reckless driving charge. Factors they consider include the speed, the location, weather and road conditions, and whether anyone was endangered. A ticket written on a clear day on an empty highway is less likely to include reckless driving than one written in a school zone during pickup time.

When prior violations push a ticket into misdemeanor territory

Some states treat repeat speeding violations as escalating offenses. A first ticket may be a civil infraction, but a second or third ticket within a certain timeframe—often three to five years—can be charged as a misdemeanor.

The logic behind this approach is that repeated violations show a pattern of unsafe driving rather than a single mistake. States that use this system typically require the prior violations to be relatively recent and on your driving record. An old ticket from ten years ago usually does not count toward escalation.

If you have received speeding tickets before and received another one recently, ask the officer or the court whether this ticket is being treated as a repeat violation. The citation itself should indicate the charge—if it says "speeding" without additional language, it is likely a civil infraction. If it says "reckless driving" or "criminal speeding," it is a misdemeanor.

What appears on your record depending on the charge

A civil speeding infraction appears on your driving record but not on a criminal background check. Employers, landlords, and most background check services will not see it. Your insurance company will see it, and your rates will increase. The ticket remains on your driving record for three to seven years, depending on your state.

A misdemeanor conviction appears on both your driving record and your criminal background check. Employers conducting background checks will see it. It affects your ability to rent housing, obtain professional licenses, and in some cases, travel. A misdemeanor stays on your criminal record permanently in most states, though some allow expungement after a waiting period.

If you were charged with a misdemeanor but the charge was reduced or dismissed, the outcome depends on your state's record-sealing laws. Some states automatically seal dismissed charges; others require you to petition the court. A criminal defense attorney can explain what options exist in your state.

How to find out whether your ticket is a misdemeanor

The citation itself should clearly state the charge. Look for language like "speeding," "reckless driving," "criminal speeding," or "unsafe speed." If the citation does not clearly say, the court paperwork will. Most courts now allow you to look up your case online using your name and case number, or you can call the traffic court clerk's office and ask.

If you received the ticket recently and have not yet received court paperwork, the officer's notes on the citation may indicate whether a misdemeanor charge is being considered. Some jurisdictions send a separate notice if a misdemeanor charge is being filed; others include it in the initial citation.

The safest approach is to contact the court directly or speak with a traffic attorney. Many offer free initial consultations and can review your citation and tell you exactly what you are facing. This is especially important if the speed involved was high, if you have prior violations, or if the ticket was issued in a school zone or residential area.

Your options if you are charged with criminal speeding

If your ticket is a misdemeanor, you have the right to contest it in court. You can represent yourself, but because a misdemeanor conviction carries real consequences, many people hire a traffic attorney. An attorney can review the officer's radar or speed-detection equipment, challenge the accuracy of the reading, examine whether the officer followed proper procedures, and negotiate with the prosecutor for a reduction to a civil infraction.

Prosecutors sometimes offer plea deals in speeding cases—for example, reducing a reckless driving charge to a straightforward speeding infraction in exchange for a guilty plea. This avoids a trial and removes the criminal aspect of the charge. Whether such a deal is available depends on the prosecutor's office and the specific circumstances of your case.

If you plead guilty or are found guilty, you may be able to attend traffic school or a defensive driving course, which in some states can reduce points on your record or prevent an insurance rate increase. Ask the court or your attorney whether this option is available to you.

Frequently Asked Questions

Can a speeding ticket show up on a background check?

A civil speeding infraction does not appear on criminal background checks. However, a misdemeanor speeding or reckless driving conviction does appear and will be visible to employers and landlords. Your insurance company can see any speeding violation, civil or criminal, because they access driving records separately.

What is the difference between speeding and reckless driving?

Speeding is exceeding the posted speed limit. Reckless driving is operating a vehicle with willful disregard for safety—it is a criminal charge. Extreme speeding can be charged as reckless driving, but not all reckless driving involves speeding. Weaving through traffic, driving with faulty brakes, or racing are also reckless driving.

If I was going 20 mph over the limit, is that automatically a misdemeanor?

It depends on your state. Some states make 20 mph over the limit a misdemeanor; others do not. Arizona and Nevada do; California requires 30 mph over the limit. Check your state's traffic code or ask a local traffic attorney to know for certain.

Can I get a speeding misdemeanor reduced to a civil infraction?

Sometimes. Prosecutors may offer to reduce the charge in exchange for a guilty plea, or a judge may reduce it if you contest the ticket and win. An attorney can negotiate with the prosecutor on your behalf. Whether reduction is possible depends on the prosecutor's policies and the facts of your case.

How long does a speeding misdemeanor stay on my record?

A misdemeanor conviction typically stays on your criminal record permanently. However, many states allow you to petition for expungement after a waiting period—often three to ten years. Some states automatically seal dismissed charges. Contact your state's court system or a criminal defense attorney to learn what options exist where you live.