What Types of Traffic Violations are Considered Felonies?
Felonies are serious traffic offenses that are generally considered to be the most serious crimes in any jurisdiction. Which traffic offenses are considered felonies varies by jurisdiction and state. However, most jurisdictions consider the following traffic violations as felonies:
- Vehicular homicide and/or manslaughter;
- Repeat and/or multiple DUI convictions;
- Other repeat offenses, including repeatedly driving without a license;
- Some types of reckless Driving, including racing and/or other violations that cause injury and/or property damage;
- Leaving an accident scene, also known as hit and run, especially if the accident involves a collision with another vehicle causing bodily injuries and/or property damage; and/or
- Fleeing from law enforcement.
In some states, a traffic offense may be categorized as “aggravated” or “gross” misdemeanors. This categorization means that, although the offense is a misdemeanor, it may result in harsher penalties similar to those of felonies.
Eligibility: As can be seen, certain factors can automatically elevate a traffic violation to a felony, depending on the state. Repeat offenses like multiple DUIs or driving on a suspended license can trigger felony charges, and serious conduct such as causing injury, causing death, or fleeing police is often treated the same way. Importantly, the exact rules vary by jurisdiction.
Although an individual cannot receive a felony speeding ticket, a driver may be charged with a felony if their speeding leads to a significant injury and/or death of another. Driving over 100 miles per hour is likely to result in large fines and points on your driving record, if the state uses that system. Some states, including California and Oregon, have higher fines for 100 miles per hour violations and drivers may face license suspension depending on the circumstances.
What are the Consequences of being Convicted of a Traffic Felony?
A felony is a crime that, if an individual is convicted, is punishable by a prison sentence of over one year. In general, traffic felonies usually include a monetary fine as well as a prison sentence. Fines can range from $500 to thousands of dollars depending on the circumstances and the jurisdiction.
A traffic felony may negatively impact a driver in many ways, including:
- Suspension and/or permanent loss of a driver’s license;
- Driver retraining and/or suspension;
- Adding points to a driver’s license history;
- Insurance premiums increase;
- A loss of citizen’s privileges, including voting and/or being allowed to teach in a professional setting;
- Towing and/or impounding of the car used in the commission the felony;
- Being prohibited from owning firearms;
- A permanent criminal record;
- If convicted of a DUI, an individual may be required to install a breathalyzer in their vehicle; and/or
- A life sentence in prison in jurisdictions with a “three strikes” felony rule.
It is important to note that some traffic crimes that are usually charged as misdemeanors may be increased to a felony charge, especially if the offense has been repeated more than once.
Additional Considerations
Risks/Penalties: As can be seen, a felony traffic conviction can have lasting effects well beyond the immediate penalties. A felony record can limit employment options, especially in jobs requiring background checks, and may make it harder to obtain professional licenses or secure housing. It can also complicate international travel, affect firearm rights, and in some cases influence child custody decisions.
Costs/Fees: Beyond fines, a felony traffic conviction can bring several additional expenses. These may include court fees, attorney fees, higher insurance premiums, and costs for required programs like driver retraining or substance‑abuse classes. If the offense caused injuries or property damage, the court may also order restitution. Some cases may involve extra costs such as fees for installing an ignition interlock device.
State Variations: Felony traffic offenses and their penalties differ notably between states like California and Texas. California tends to impose stricter enhancements for DUI related felonies, while Texas classifies and sentences similar conduct under its own distinct rules. Definitions and penalties for crimes like vehicular homicide or felony reckless driving also vary, so checking each state’s statutes is the only way to see the exact differences.
Timelines: You should note that many felony traffic offenses do have statutes of limitations, but the time limits differ by state and by how serious the charge is. More severe offenses, especially those involving injury or death, often have longer deadlines or none at all, while lesser felony traffic offenses usually have a set number of years for prosecutors to file charges. Because these rules vary so much, consulting with an attorney is recommended.
What Happens After You are Charged with a Felony Traffic Offense?
If an individual is criminally charged with a felony traffic offense, they will be read their Miranda rights. These rights state that any statements made by an individual during a custodial interrogation by law enforcement and/or a government agent may not be used against them unless they have been read their rights.
These rights must be invoked immediately upon being taken into custody and/or arrested. The Miranda rights warning reads:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you.
The exact wording of the rights may differ by jurisdiction, but includes all components.
After being arrested, a defendant is required to appear in court for an arraignment hearing. An arraignment hearing is a court hearing in which the defendant must appear in criminal court. They will be read the charges against them, advised of their rights, and asked to enter a plea of guilty or not guilty. If an individual fails to appear for an arraignment, the judge may issue a warrant for their arrest and/or suspend their driving privileges.
If the defendant pleads not guilty, they have the right to a trial by judge or a trial by jury and to be represented by an attorney. If they cannot afford an attorney, the state will appoint one to represent them. If they are convicted, they may be sentenced to imprisonment as well as any of the following consequences:
- Ordered to pay fines;
- Ordered to pay court costs; and/or
- Have points added to their driving record.
Process/Steps: In sum, after an arraignment on a felony traffic charge, the case usually moves into several key stages. Pre‑trial hearings are held, both sides exchange evidence during discovery, and plea discussions may take place.
Then, if no agreement is reached, the case proceeds to trial, where a judge or jury reviews the evidence and decides guilt. If the defendant is convicted, the process then ends with a sentencing hearing.
The Importance of Hiring a Lawyer: Representing yourself in a felony traffic case is difficult because the laws, procedures, and evidence rules are complex, and prosecutors have far more experience.
Representing yourself becomes even more risky when the charges carry possible jail time or involve technical issues like accident reconstruction or chemical test evidence. In serious cases, having legal representation is essentially necessary.
When to Call a Lawyer: As can be seen, there are several traffic related situations where speaking with a lawyer is wise even if the charge isn’t a felony. Serious crashes involving injuries, disputes over who was at fault, or cases that could lead to a license suspension all would benefit from legal guidance. It’s also smart to get advice if you have a history of violations or if the outcome could affect your job or livelihood.
Are There Any Defenses to Felony Traffic Charges?
Yes, there are defenses available to felony traffic charges. If an individual is not read their Miranda rights, any statements made during an interrogation will be inadmissible in court.
Additionally, the defendant may argue that there was a lack of probable cause for their arrest. Probable cause is the reasonable belief that an individual has committed a crime or will commit a crime. A law enforcement officer must have evidence to support an arrest, not simply a hunch or gut feeling that a crime has occurred.
Other defenses may include arguing that an individual did not commit the offense. A defendant may also argue that the law enforcement officer stopped their car for no legitimate reason.
Evidence/Documents: Evidence is crucial in defending a felony traffic offense case. Key evidence in defending a felony traffic charge often includes police reports, witness statements, and photos or videos of the scene. Medical records may matter if injuries occurred, and expert analysis, like accident reconstruction, can help challenge the prosecution’s version of events.
In DUI related cases, evidence questioning the accuracy of breath or blood tests can also be important.
Do Felony Traffic Offenses Go Away?
It may be possible to have some criminal convictions expunged from an individual’s record. Record expungement is a legal process in which an individual’s criminal record is treated as if it no longer exists. This may be helpful when applying for a job or housing.
The rules and requirements for expungement vary greatly from state to state. It is usually easier to expunge minor crimes and juvenile records. Some states, however, do permit felony expungements.
Generally, specific criteria must be met prior to petitioning the court for an expungement. Depending on the jurisdiction, these may include:
- Completion of a waiting period after the conviction, the length of which varies by state;
- Meeting the terms of a conviction, including serving jail time, completing probation, and/or the payment of fines and/or restitution;
- Evidence of no subsequent criminal charges or convictions; or
- Evidence of rehabilitation and contribution to society, which can be through employment, education, and/or volunteer work.
Once an individual meets their jurisdiction’s eligibility criteria, they can file a petition with the court for an expungement. Usually, this petition is filed in the same court where the criminal case occurred. Depending on the jurisdiction, an individual may have to attach information to the petition, such as a certified copy of their criminal record.
A traffic offense lawyer can help with this process and advise an individual what criteria need to be met in their state prior to filing the petition. A lawyer can also assist an individual with filing their expungement petition.
Should I Hire a Lawyer for a Felony Traffic Offense?
Yes, it is important to hire an experienced traffic ticket attorney for any driving offense. It is even more important if it involves felony charges. These charges are very serious and may result in life-long consequences if convicted. A lawyer will review your case, determine if any defenses are available to you, and represent you during court proceedings, if necessary.
