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How Much over the Speed limit is a Felony in South Dakota?
In South Dakota, there is no specific miles-per-hour threshold for classifying a speeding offense as a felony. Speeding in South Dakota, regardless of the speed over limits, is generally a Class 2 misdemeanor, or at most, a Class 1 misdemeanor, and not an automatic felony. Title 32 of the South Dakota Codified Laws classifies speeding as a misdemeanor.
Nonetheless, a speeding citation in South Dakota may evolve into a felony if it involves aggravating factors. For instance, a driver may face felony charges for speeding in South Dakota if the action results in serious injury to others, a fatal crash while under the influence, vehicular homicide, or aggravated eluding (fleeing from law enforcement).
Is Speeding a Felony in South Dakota?
No, regardless of the speed over the limits, a speeding offense in South Dakota is not a felony. In South Dakota, speeding citations are civil offenses or misdemeanors. However, a speeding offense in South Dakota may elevate to a felony in situations involving reckless driving with injury or death, fleeing from law enforcement, fatal crash due to intoxication or DUI repeat offenses, or vehicular homicide. Felony convictions for speeding in South Dakota attract harsher penalties than misdemeanors and may result in long-term prison terms.
Can a Speeding Ticket Become a Felony in South Dakota?
Yes, a speeding ticket in South Dakota can become a felony under certain circumstances. Although South Dakota classifies speeding as a misdemeanor, other factors can elevate it to a felony as part of a more serious crime. In South Dakota, a speeding offense may escalate into a felony if it involves vehicular homicide. Additionally, a South Dakota speeding ticket may result in felony charges if it involves:
- Reckless driving resulting in injury or death
- Attempting to elude law enforcement
- Repeat DUI violations
- Hit-and-run resulting in injury or death.
Types of Speeding Tickets in South Dakota: Infraction, Misdemeanor, or Felony
South Dakota classifies speeding violations into three categories:
- Minor (or standard) Speeding
- Serious (or aggravated) speeding
- Felony-level speeding.
South Dakota does not classify any speeding offense as an infraction. In South Dakota, all speeding violations are criminal offenses regardless of their severity. The categories and penalties for the various classes of speeding in South Dakota differ.
| Offense Type | Key Factor | Classification |
|---|---|---|
| Minor speeding | Typical speeding ticket | Class 2 Misdemeanor |
| Construction zone speeding | Special zone violation | Class 2 Misdemeanor |
| Reckless driving | Speeding plus dangerous behavior | Class 1 Misdemeanor |
| Aggravated eluding | Speeding while fleeing police, resulting in a crash | Class 6 Felony |
| Vehicular homicide | Speeding, in addition to DUI and fatal crash | Class 3 Felony. |
Penalties for Felony Speeding Tickets in South Dakota
The consequences for felony speeding tickets in South Dakota vary with aggravating factors and outcomes. A felony speeding violation in South Dakota may result in fines, license revocation, a prison term, and a permanent criminal record. The table outlines the details of the penalties for felony speeding in South Dakota.
| Offense | Felony Class | Fines | Duration of Licence Suspension or Revocation | Jail Time |
|---|---|---|---|---|
| Fleeing law enforcement at high speeds, causing injury or property damage (Aggravated Eluding) | Class 6 | Up to $4,000.00 | 3 years or more | Up to 2 years |
| Impaired driving plus speeding and injury, but no death (DUI with injury) | Class 4 | Up to $20,000.00 | Long-term suspension or revocation | Up to 10 years |
| Multiple serious convictions, including speeding-related felonies (Habitual Traffic Offender) | Class 6 | Up to $4,000.00 | License revocation | Up to 2 years |
| Reckless high-speed driving with serious injury (Vehicular Battery or Assault) | Class 4 or 5 | Up to $20,000.00 | Suspension likely | Up to 10 years |
| DUI plus speeding and fatality (Vehicular Homicide) | Class 3 | Up to $30,000.00 | Minimum of a 10-year license revocation | Up to 15 years. |
How Long Does a Speeding Ticket Stay on Your Record in South Dakota?
In South Dakota, a speeding conviction remains permanently on an individual's driving record, but public visibility of this information is often limited to the most recent three years. Within these three years, various third parties, including employers, licensing authorities, and insurance companies, may access the information. However, full certified copies of speeding citations are typically only available upon official request.
Furthermore, demerit points associated with speeding offenses remain permanently on a driver's history. For instance, if a driver accumulates 15 points within 12 months or 22 points within 24 months, these points contribute to potential license suspension.
Insurance companies operating in South Dakota typically apply a three- to five-year lookback period when determining insurance rates. After this period, South Dakota traffic court records may no longer affect an individual's insurance premiums. Additionally, individuals who successfully contest their South Dakota speeding tickets in court may prevent those offenses from being on their records.
South Dakota does not offer traffic school as a dismissal option for speeding tickets. Nonetheless, the court may order defensive driving as part of sentencing, but this does not remove the violation or points from the records.
Can a Speeding Ticket Be Expunged from Your Record in South Dakota?
Yes, in South Dakota, individuals can expunge speeding tickets from their records, though eligibility depends on the severity of the offense. A South Dakota speeding citation is a Class 2 misdemeanor, and if the offender satisfies all court-ordered conditions per Section 23A-3-34 of the South Dakota Compiled Laws, it may be eligible for automatic expunction after 5 years.
Additionally, offenders may file for expungement after 1 year if their speeding tickets result in dismissals. However, South Dakota law does not permit the expunction of felony speeding records; these offenses remain permanently on an individual's record.