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How Much over the Speed limit is a Felony in Wyoming?
In the State of Wyoming, speeding is generally a misdemeanor offence. However, driving 20 MPH over the speed limit, endangering lives, or causing serious injury may lead to a reckless or careless driving charge. If reckless driving causes a death, it may become vehicular homicide or vehicular assault. This may mean at least a year in prison and heavy fines.
Wyoming also sets default speed limits for different zones:
- 20 MPH in designated school zones when proper signs are posted
- 30 MPH in urban or residential districts or subdivisions, unless it's a private road
- 75 MPH on interstate highways, unless a different limit is posted per the superintendent's authority
- 80 MPH on certain interstates
- 70 MPH on other state highways (non-interstate)
- 65 MPH on other paved roads; 55 MPH on unpaved roads.
Wyo. Stat. Ann. § 31-5-301 mandates drivers to drive at a reasonable and prudent speed under the conditions. Speeding in Wyoming means driving over the limit or too fast for conditions like weather or visibility.
Is Speeding a Felony in Wyoming?
In extreme cases, particularly if it leads to death, reckless driving may result in a felony vehicular homicide conviction. Wyoming Statute 31-5-229 defines reckless driving as a willful disregard for the safety of others. Generally, speeding is a misdemeanor in Wyoming.
In Wyoming, felonies are the most serious crimes, attracting the harshest penalties. Its laws are stricter than most other states. A Wyoming felony speeding offense is a serious crime under state or federal law. It usually involves acts like hit-and-run, DUI, or vehicular homicide. The driver stands to lose their license, and further penalties may include prison time and heavy fines.
Can a Speeding Ticket Become a Felony in Wyoming?
In Wyoming, a simple speeding ticket is generally classified as a misdemeanor. However, a speeding-related incident could escalate into a more serious criminal charge if:
- The individual is charged with reckless driving
- The conduct leads to serious bodily injury or death.
- The individual is a repeat offender.
In the situation where reckless driving leads to severe injuries or death, the individual could face felony charges, such as vehicular manslaughter or homicide, if the prosecutor proves a willful or wanton disregard for the safety of others. In addition, a speeding ticket resulting in a homicide is a felony. Similarly, motorists found guilty of a hit-and-run will be charged with a felony. It is not always about the speed. Other factors come into play to determine the legal outcome, including whether the individual is a repeat offender.
Types of Speeding Tickets in Wyoming: Infraction, Misdemeanor, or Felony
In Wyoming, speeding tickets are mainly categorized based on how far over the limit the violation occurred, the impact caused, and other factors. The higher the speed excess, the higher the fines. The location where the violation occurred is also considered, such as whether the violation happened in a school zone. Speeding tickets are categorized as infractions, misdemeanors, or felonies. Each category has distinct legal implications and penalties.
Infractions
A Wyoming speeding infraction is a minor offense that attracts less stringent punishments than a misdemeanor. It includes minor speeding offenses that are not necessarily criminal. These infractions attract a fine ranging from $10 to $400 and points on the individual's license. Examples include speeding about 1 to 5 MPH beyond the limit in school or construction zones. Also, this category includes improper turns and stop sign violations.
Misdemeanors
A speeding misdemeanor refers to more serious moving violations. This includes driving with willful disregard for the safety of others, speeding in school zones, and construction zones significantly exceeding the speed limit. Under W.S. 31-5-1201, these are categorized as misdemeanors. In addition, fleeing or attempting to evade a law enforcement officer is punishable by up to $750, 6 months in prison, or both.
Felonies
Wyoming speeding offenses are generally not categorized as felonies. However, in extreme cases like hot pursuit, fleeing, or repeat offenses leading to severe injuries, the charge may become a felony. This is especially true if the damages exceed $10,000 and the offender ignores public safety. Other speeding crimes categorized as felonies include vehicular homicide and aggravated homicide by vehicle.
Penalties for Felony Speeding Tickets in Wyoming
In Wyoming, a felony speeding ticket carries at least one year in prison and up to ten years. The offender may be fined up to $10,000. If the offender is a repeat offender, they may face even harsher penalties.
Additionally, under Wyoming Statutes § 31-5-301, the offender risks having their driver's license suspended for a while. They may also be mandated to undergo a drug or alcohol treatment program. Per W.S. 31-5-233(f), committing felony-level speeding while driving under the influence would trigger the ignition interlock requirement.
Moreover, motorists charged with felony speeding in Wyoming may lose key rights. They may lose voting rights, be barred from specific jobs, and face restrictions in housing.
How Long Does a Speeding Ticket Stay on Your Record in Wyoming?
In Wyoming, the length of time a speeding ticket remains on an individual's record depends on the offense. Most speeding tickets stay on the offender's driving record for three years. This includes moving violations, driving without insurance, and out-of-state speeding offenses. Traffic offenses that result in convictions become part of Wyoming traffic court records.
Violations such as reckless driving, driving past an accident scene without stopping, hit and run, and felonies stay on the record for five years. However, law enforcement authorities, employers, and other parties may request ten-year driving records.
Can a Speeding Ticket Be Expunged from Your Record in Wyoming?
Past speeding offenders often have challenges in employment, academic admission, and accommodation. This is because even long after paying their fines, their records would still be available to the public. Per Wyo. Stat. § 7–13–1501, Wyoming allows the relief of record expungement to eligible individuals. This makes the record accessible only to authorized individuals such as law enforcement.
Not all speeding offenses may be expunged in Wyoming. Speeding tickets tied to aggravated vehicular homicide or speeding offenses that include a DUI conviction cannot be expunged.
Also, expungement is only possible once in an individual's lifetime. The individual must not have any pending charges. Interested parties must petition the court for expungement. Following this, they must send copies to all the parties and agencies involved in the case, including the victims of the offense. This may require a hearing to decide if expungement is in the best interest of justice. If the court grants the expungement, the speeding records would only be accessible to law enforcement agencies.
