How Much over the Speed limit is a Felony in New Hampshire?

New Hampshire does not have a specific MPH threshold at which speeding alone becomes a felony. Instead, the state handles excessive speeds as misdemeanor reckless driving offenses, with only vehicle-related damages or injuries resulting in felony charges.

RSA 265:79 describes reckless driving as driving in a manner that endangers the lives or safety of the public, such as traveling at 100 MPH or more and racing on public roads. Nonetheless, the offense is classified as a misdemeanor, not a felony.

Penalties for a first offense include a minimum $500 fine and a 60-day license suspension. Subsequent violations may result in increased penalties (minimum of $750 and a license suspension, ranging from 60 to 365 days).

Excessive speeds (e.g., 30+ mph over the limit) may still qualify as reckless if combined with other risky driving behaviors. However, they are still misdemeanor offenses only.

When Speeding Leads to Serious Injury or Death

In New Hampshire, traffic-related felony offenses usually occur when speeding results in serious harm or death:

Vehicular Negligent Homicide

Under RSA 630:3, I, anyone who causes the death of another person through negligence while driving may face a vehicular negligent homicide charge. This is a Class B felony offense that may result in a prison sentence of up to 7 years. A driver who causes a person's death (Class C felony) through reckless driving or while participating in drag racing (Class D felony) is subject to these penalties. Suppose the driver was under the influence when the death occurred. In that case, the offense becomes a Class A felony, punishable by up to 15 years' imprisonment and a mandatory indefinite license revocation, with a minimum 7-year waiting period.

Non-Fatal Serious Injury Due to Negligent Driving

Per RSA 630:3, I, any motorist who causes serious bodily injury while driving that does not result in death may face a Class B felony. This carries penalties similar to those for negligent homicide causing death.

Is Speeding a Felony in New Hampshire?

Under New Hampshire law, speeding alone cannot result in a felony; however, it may lead to criminal charges when associated with other dangerous driving behaviors. Most New Hampshire speeding violations typically result in a fine and the addition of points to a driving record, but they do not involve jail time. This category of traffic violations is regarded as civil infractions. For example, a driver who exceeds a posted speed limit by as much as 10 mph may be fined, but would not face imprisonment or incur a criminal record. Unlike criminal offenses, speeding offenses do not appear on an offender's criminal record in the state.

When Speeding May Become a Felony

In New Hampshire, speeding may become a felony offense if it results in more serious crimes, such as:

Reckless Driving: An individual driving in what New Hampshire considers to be irresponsible or aggressive driving while speeding may face a careless driving charge under RSA 265:79. Such unsafe acts include driving over 100 mph, weaving through traffic, racing, or going 30+ mph over the posted limit in a heavy traffic area. These offenses are misdemeanors, not felonies. However, it may be escalated to a felony if such actions result in injury or death.

Negligent Vehicular Homicide: Under RSA 630:3, a driver who causes the death of another person while speeding may face a Class B felony charge. Such a charge is punishable by up to 10 years in prison. If the driver was intoxicated, the offense becomes a Class A felony, punishable by up to 15 years in prison, hefty fines, and lifetime license revocation with eligibility for reinstatement after 7 years.

Serious Injury by Vehicle: A driver who causes serious bodily injury to another person through negligent driving may face a Class B felony. This offense attracts penalties similar to negligent homicide causing death.

Can a Speeding Ticket Become a Felony in New Hampshire?

In New Hampshire, law enforcement officers may issue speeding tickets for traffic violations ranging from basic speeding to excessive speeding in areas with heavy traffic (e.g., driving 30 mph above the posted speed limit or racing on public roads) and aggressive driving behavior (such as weaving in and out of traffic). These offenses largely include infractions and misdemeanors; they are not felony crimes.

For felony charges to come up, these speeding incidents must result in serious injury or death, or other aggravating actions as described below:

When Speeding Tickets May Escalate to Felony Charges

According to New Hampshire law, driving at 100 mph or more constitutes reckless driving (a misdemeanor), not a felony. Such an offense does not automatically result in a felony charge for overspeeding unless other aggravating factors are involved.

Harmful or criminal conduct that may escalate a speeding ticket to a felony charge includes:

• Negligent Vehicular Homicide: This felony crime occurs when a crash caused by someone's reckless driving behavior results in the death of another person. This is a Class B felony, punishable by up to seven years in prison under RSA 630:3. If the driver was driving under the influence at the time of the crash, the offense becomes a Class A felony, carrying a potential sentence of up to 15 years in prison and lifelong license revocation.
• Serious Injury by Vehicle: If a motorist causes serious bodily injury to another person (not death) through reckless driving, they may face a Class B felony. This crime involves penalties similar to negligent homicide causing death.
• Other Aggravating Factors: Speeding in school or construction zones, racing, or evading police are reckless driving acts that constitute serious misdemeanor offenses. However, they cannot trigger felony charges on their own without injury or death. Felony charges are derived under the criminal homicide or assault statutes after serious harm or death has occurred.

Types of Speeding Tickets in New Hampshire: Infraction, Misdemeanor, or Felony

Infractions

These consist of minor traffic violations that typically involve lower speeds and do not pose a risk of harm or danger. An example of a traffic infraction is a driver operating a vehicle at 10 mph over the posted limit. Offenders usually pay a standard fine based on their speed over the limit, e.g., $50 for exceeding a speed limit by 1 to 10 mph and $75 plus $6 for 11 to 15 mph, and more. Court costs may be involved, but offenders do not face jail time for infractions. Individuals charged with traffic violations may also have points added to their driver's license.

Misdemeanors

These are more serious offenses involving reckless or dangerous behavior or excessive speeds. In New Hampshire, driving at 100 mph or more or endangering public safety is considered reckless driving (RSA § 265:79). An example of reckless driving is driving on a public highway at 105 mph. Individuals charged with misdemeanor offenses may face fines of $500 or more, a license suspension of 60 days or longer, and potential jail time.

Felonies

Felonies are the most serious category of traffic crime, where speeding results in grave consequences like death or serious injury. Felony charges consist of negligent homicide (Class B felony) for death caused by careless driving and manslaughter or vehicular homicide when under the influence (Class A felony). Individuals convicted of a felony offense face up to 7 to 15 years in prison, a permanent criminal record, and lifetime or prolonged license revocation.

The following table provides a detailed explanation of the types of speeding-related offenses in New Hampshire, categorized by the severity of the offense, its consequences, and the statutory interpretation of traffic-related behavior.

Penalties for Felony Speeding Tickets in New Hampshire

The criminal consequences for felony-level speeding offenses in New Hampshire are as follows:

Class C Felony (Causing death by reckless driving)

• Prison: Up to 10 years, with possible probation
• License: Revoked for at least 6 years
• Fines: Up to $10,245

Vehicular Homicide/Negligent Vehicular Homicide

• Description: Causing death through negligence while operating a vehicle (Class B Felony)
• Penalties: Up to 7 years in prison, in addition to court-imposed fines that may run into several thousand dollars
• Description: When the driver is under the influence (DUI) and causes death (Class A felony)
• Penalties: Up to 15 years in prison, mandatory lifetime license revocation, and increased fines

Vehicular Assault (Serious Injury)

• Classification: Causing serious bodily injury to another person through reckless driving (Class B Felony)
• Penalties: Up to 1 year in jail and/or fines, depending on severity

License and Record Implications of Felonies

Individuals convicted of felonies under RSA 630:3 may trigger automatic lifetime license revocation (especially in DUI cases) and for a substantial period in negligence cases.

The New Hampshire Division of Motor Vehicles (NH DMV) maintains a formal points system, in which points are assigned for specific offenses. For example, 3 points are added for exceeding the posted speed limit by less than 25 mph, and 4 points for speeding 25 mph or more over the limit. Drivers who accumulate points above stated thresholds may face lengthy periods of license suspensions. Those who accrue 18 points within two years may face up to 6 months of license suspension, while those with 24 points within three years may lose their driving privileges for up to one year.

These convictions remain on an individual's driving record for three years. They may be visible to auto insurers, which could result in higher insurance premiums.

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

In New Hampshire, the duration a speeding ticket and related information remain on your driving record depends on the type of record and the offense level.

Official Record Retention

According to the New Hampshire DMV's official points schedule, demerit points for moving violations (including speeding) will remain on a driver's certified driving record for 3 years after conviction.

A certified driving record typically consists of seven years of court convictions, ten years of DUI/DWI convictions, and five years of accident reports. Consequently, while minor violations and the associated points drop off after three years, more serious violations remain visible on official records for a longer period.

Insurance Lookback vs. Legal Tracking

Most insurance companies typically review driving violations from the past three to five years, which aligns with the DMV's demerit point period. Even if some tickets are removed from the limited record, they remain on complete DMV records for 7 years, which may affect endorsements, licenses, or legal checks. This is because while the NH DMV maintains all standard speeding convictions for a 3-year point and ticket visibility period, severe offenses such as reckless driving, or excessive speed in a school zone, may remain on a certified driving record for up to 7 years, and DUI-related convictions for up to 10 years.

Repeat violations count toward point thresholds and may trigger license suspension if they are accumulated within the three-year window. In New Hampshire, requesters may obtain details of speeding violations that result in criminal charges as a subset of the New Hampshire traffic court records.

Can a Speeding Ticket Be Expunged from Your Record in New Hampshire?

According to RSA 651:5, eligible persons may petition the court for the annulment of specific traffic violations. This is a discretionary process, however, not an automatic right.

Interested parties may petition for the annulment of most speeding violations and non-criminal motor vehicle offenses after fulfilling all conditions of their sentencing, provided they have no subsequent convictions in the following year (RSA 651:5 III(a)(1)). This means that an offending driver may have a one-time speeding ticket cleared from their public record after just one year, assuming they have no subsequent offenses during that period.

RSA 651:5 specifies increasingly longer waiting periods for misdemeanor and felony offenses:

• Applicants may petition for the annulment of Class B misdemeanors two years after completion of the sentence.
• Class A misdemeanors or felonies, such as DUI and vehicular homicide, require five to ten years before petitioning, depending on the offense classification.

Annulment Process

1. To initiate the annulment process in a court where the conviction occurred, the petitioner must pay the necessary fees (e.g., a $100 DOC review fee).
2. The court reviews the petition to determine if the annulment "assists the petitioner's rehabilitation" and serves public welfare.
3. If granted, the court will notify the New Hampshire State Police, along with arresting and prosecuting agencies, to seal such records and remove them from public access. However, law enforcement and court entities may retain internal access.

Ineligible Offenses

• Convictions that are still under sentence or waiting periods.
• Recent offenses that are less than a year old.
• Offenses committed during the waiting period after the initial violation.