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

In Nebraska, you do not get a felony charge for exceeding the speed limit. Overspeeding is more of a civil infraction, but it may become a misdemeanor based on the circumstances around the event. Exceeding the speed limit is considered a felony if the action led to bodily injury or death.

The Nebraska Department of Transportation (NDOT) is responsible for setting the speed limit for roads within the state. The limit may differ based on the type of road, vehicle, and weather conditions. For instance, business districts have a speed limit of 20 miles per hour (mph). Other speed limits include the following:

• 25 mph in residential districts.
• 50 mph on paved roads that are not part of the state highway system.
• 55 mph on unpaved roads that are not part of the state highway system.
• 65 mph on state highways that are not expressways or freeways.
• 70 mph on freeways and expressways that are part of the state's highway system
• 75 mph on rural interstate highways.

Per Nebraska Statute 60-6,190, the NDOT sets the speed limit after considering the road type, traffic volume, and crash history. The agency may also set a new limit to reflect specific circumstances, such as weather conditions and road construction.

Is Speeding a Felony in Nebraska?

No, it is not a felony offense to exceed the speed limit in Nebraska. The state considers overspeeding as a traffic infraction or misdemeanor. Exceeding the speed limit will likely get you a speeding ticket and a requirement to pay a fine. The fine may vary based on how much you exceeded the speed limit. Per Nebraska Revised Statute 60-682.01, you may pay $10 for traveling one to five miles over the speed limit, while the fine is $125 if you exceed the speed limit by 15 to 20 mph.

Nebraska classifies overspeeding as a misdemeanor if the act has the potential to cause bodily harm or death. It's a misdemeanor if you overspeed while ignoring traffic or road signs.

In most cases, you get a felony charge if the speeding leads to a fatal accident. It is also a felony if you evade law enforcement officers. Note that the state does not have a specific felony charge for such an incident. So, offenders may face one of these felony charges as a result of overspeeding:

• Third-time DUI offense.
• Vehicular homicide or manslaughter.
• Driving under suspension.
• Willful reckless driving.

Can a Speeding Ticket Become a Felony in Nebraska?

In Nebraska, a speeding ticket offense may become a felony under these conditions:

• The incident led to a physical injury.
• The incident led to the death of other parties.
• The driver has two or more prior convictions for driving under the influence of drugs or alcohol.
• The driver has repeatedly driven without a valid license.
• The driver fled the scene of an accident that caused serious physical injury or death.
• Your driving speed does not determine if you will get a felony charge.

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

Nebraska drivers may get different speeding tickets based on the driving speed or the outcome of their driving actions. That being said, here are the three main types of speed-related offenses:

Infractions: Speed-related infractions generally have lesser penalties than misdemeanors or felonies. In most cases, you are likely to get a speeding ticket, pay fines, and rack up points on your driver's license. The fine payment mostly depends on how much you exceed the speed limit. For instance, you get a $10 fine for exceeding the limit by less than 5 miles per hour. A speed-related infraction will also add points to your driver's license. Case in point: you get 2 points for exceeding the speed limit by 5 to 10 mph.

Misdemeanors: Speed-related misdemeanors pose a potential risk to lives and properties. Examples of such offenses include reckless driving and driving under the influence. Persons convicted of a misdemeanor may face both administrative and criminal penalties. The former involves losing driving privileges for a set timeframe, while criminal penalties include paying fines and spending time in jail. For instance, DUI offenders may spend up to sixty days in prison.

Felonies: Felony speeding violations carry the most severe penalties since the offense often results in grievous physical injury or death. Offenders may face felony charges like vehicular manslaughter, second-degree murder, or DUI charges.

Penalties for Felony Speeding Tickets in Nebraska

Felony charges as a result of overspeeding may lead to these consequences:

• Jail or prison time (up to 50 years)
• Fines (up to $10,000 depending on crime severity).
• License revocation or suspension (up to 15 years).
• Permanent criminal record, which may influence future insurance rates, housing, and employment.
• Felons may face different penalties based on the crime severity or circumstances around the event.

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

In Nebraska, speeding ticket violations remain on your driving records for five years. A driving record is a compilation of a driver's history, including accidents, license status, and traffic violations.

Driving records are publicly accessible in Nebraska, and insurance companies are able to view and use them to determine insurance premiums. Some companies will review your driving record in the last three years to determine auto insurance rates. So, the rates will automatically fall once three years have passed from your previous conviction.

Note that driving records are distinct from criminal records. Speeding tickets remain visible on Nebraska traffic court records even after they are removed from driving records. Note that speeding tickets are not expungeable, but you may expunge related arrests and criminal convictions. Concerned parties must follow the state-outlined procedures to set aside conviction for such records. For instance, inquirers must file a petition with the district court in the county where the event occurred.

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

According to Nebraska laws, you may only expunge speeding ticket violations that did not result in conviction or jail time. The set-aside order nullifies your conviction and restores rights that would've been lost as a result of the sentence.

You may petition the court to set aside your conviction under these conditions:

• You have completed the court-imposed community service.
• You have paid the required fines.
• You have fulfilled the terms of your probation.

Eligible parties must follow these steps to set aside convictions:

1. Complete the following forms:
   1. A Petition to Set Aside Criminal Conviction.
   2. An Order Setting Aside a Criminal Conviction.
2. File the petition in the court where the case was heard.

Upon receiving the petition, the court may set a hearing date to review submissions from all concerned parties. The court may grant the request after considering factors like eligibility.