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

In Alaska, driving over the speed limit is not a felony offense. Instead, the law considers it an infraction or a misdemeanor at best. It is only a felony offense if the driver's action led to a fatal accident, such as loss of life or injury.

Per Alaska laws, overspeeding is when you drive at a speed greater than reasonable, considering traffic, weather, and road conditions. The state also classifies it as overspeeding if you drive over the specified speed limit for a road. Examples of speed limits in the state include:

• 25 miles per hour in a residential district
• 20 miles per hour in a business district
• 15 miles per hour in an alley
• 55 miles per hour on any other roadway.

The Alaska Department of Transportation (ADOT) sets road limits. The agency may set different limits based on vehicle type, traffic, weather, or road conditions.

Is Speeding a Felony in Alaska?

No, overspeeding is considered an infraction or misdemeanor in Alaska, and offenders will likely receive a speeding ticket. Depending on the circumstances of the incident, offenders may also face negligent or reckless driving charges. Persons guilty of careless driving will receive a speeding ticket and face only administrative penalties, such as fines and points on a driver's license. However, reckless driving offenders may lose their license and pay fines up to $1,000.

In Alaska, overspeeding becomes a felony when the incident results in a grievous bodily injury or death. The state will rule such incidents as either vehicular homicide or aggravated battery with a vehicle, depending on the circumstances of the incident.

Can a Speeding Ticket Become a Felony in Alaska?

In Alaska, a speeding ticket offense becomes a felony offense under these conditions:

• The incident led to a fatal accident, such as a grievous physical injury or death.
• Failure to stop at the request of a peace officer (Alaska Statutes Title 28, Motor Vehicles § 28.35.182).
• Leaving the scene of an accident that resulted in death or injury.
• Driving under the influence as a repeat offender.

Alaska laws do not consider exceeding the speed limit a felony. In most cases, the circumstances of the incident, not the speed, determine whether it is a felony offense.

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

Alaska drivers receive different speeding tickets based on the crime severity and contextual elements around the incident. Offenders are likely to get any of these speed-related violations:

Infractions: Speeding-related infractions like negligent driving do not warrant criminal penalties. At most, offenders may be required to pay fines up to $300 and may rack up to six points on their driver's license. Note that infractions can easily become misdemeanors under these conditions:

• The driver is a repeat offender.
• The driver was under the influence of drugs or alcohol.

Misdemeanors: Speeding-related misdemeanors describe crimes in which a driver's actions carry a potential risk to lives or property. Such offenses include driving under the influence, reckless driving, and speed contests. Persons convicted of speeding ticket misdemeanors may face administrative or criminal penalties. The administrative penalties may include:

• Court-mandated programs
• Fines
• Driver's license revocation for a set timeframe.

In contrast, criminal penalties may consist of jail terms. Repeat offenders are likely to receive harsher penalties.

Felonies: Speed-related incidents become felonies when they lead to a loss of life, injury, or property. Felons may face severe penalties, such as higher fines, longer jail terms, and a lifetime revocation of their driver's license.

Penalties for Felony Speeding Tickets in Alaska

In Alaska, persons convicted of felony speeding tickets may face these penalties:

• Jail or prison time (up to 99 years)
• Fines (up to $250,000)
• One year to lifetime license revocation.
• Permanent visibility on criminal records.

Per Alaska laws, speeding-related felonies and their corresponding penalties may vary, depending on the circumstances of the event.

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

In Alaska, speeding tickets generally remain on your driving records for one year, after which the state expunges them. However, speeding tickets for reckless driving may stay on record for five years after the arrest.

Note that your speeding tickets will show up on your insurance within six months to one year of receiving them. The ticket may increase your insurance premiums for a set time frame. Arrests related to speeding tickets may remain permanently as part of Alaska traffic court records. You can only expunge them by following the state-outlined procedures.

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

No, you can not expunge speeding tickets from your criminal record in Alaska. However, you can petition the court to seal speeding tickets that were received due to a mistaken identity. Offenders can also seal arrest information concerning speeding tickets. To expunge such records, you must complete a Request to Seal Criminal Justice Information and send it to this address:

Chief, Criminal Records and Identification Bureau
5700 e. Tudor Road
Anchorage, Alaska 99507.

Note: Criminal record expungement is different from expunging a driving record. The latter is automatic and occurs one year from the arrest date.