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

In New Mexico, exceeding the speed limit is considered reckless driving, which is generally considered a misdemeanor, not a felony. Speeding is only elevated to a felony if it leads to a more serious offense, such as vehicular homicide, or is connected to a crime, such as aggravated fleeing from law enforcement.

The New Mexico Motor Vehicle Code, set down in New Mexico's Annotated Statutes Chapter 66, defines speed limits, violations, and driving offenses. Speed limits defined by the state, based on specific locations, include the following:

• 25 mph in residential areas
• 15-25 mph in posted school zones, depending on the time
• 30 mph in business districts
• 15 mph when driving through alleyways
• 55-75 mph when driving through highways or roadways

The New Mexico Department of Transportation is responsible for setting state speed limits. It does so according to various criteria, including safety considerations, vehicle types, road conditions, traffic, and weather patterns. In general, driving 20-26 mph over the posted limit of over 80 mph in any zone is considered a misdemeanor and a reckless driving charge.

Is Speeding a Felony in New Mexico?

In most situations, speeding is not considered a felony in New Mexico. Most cases of speeding are considered misdemeanors and will lead to a traffic infraction. Offenders will likely receive a speeding ticket, points on their ticket, or a civil infraction. Penalties typically vary depending on how much over the speed limit the driver was going, and fines may range from $25 for going 10 mph over the limit to $125 for going 35 mph over the limit.

A speeding offense in New Mexico may become a felony if the driver was fleeing from the police, causing serious injury, or death. This will elevate the speeding offense from a civil infraction or misdemeanor, such as reckless driving, to a felony, such as aggravated fleeing from law enforcement, great bodily harm by vehicle, and vehicular homicide.

Can a Speeding Ticket Become a Felony in New Mexico?

A speeding ticket will be classified as a civil infraction or a misdemeanor. However, it may be raised to a felony if the driver shows particularly reckless behavior or disregard for public safety. What determines whether a speeding ticket evolves into a felony is not the speed at which the driver was driving, but the particulars of the offense and whether the speeding was part of more reckless behavior or led to more serious crimes.

A speeding offense may be elevated to a felony in New Mexico under the following conditions:

• If the driver is speeding while under the influence of drugs or alcohol or has prior DUI offenses, the charges may be raised to a felony.
• If the driver is speeding and showing a reckless disregard for public safety, especially in cases involving street/drag racing
• When the driver causes an accident and then flees the scene, the offense may be raised to a felony.
• When the driver speeds to escape the police and recklessly endangers others (NMSA § 30-22-1.1)
• If speeding while driving causes an accident with serious bodily injury to someone (NMSA § 66-8-101)
• If speeding leads to the death of another person when the driver was driving under the influence of drugs or alcohol (NMSA § 66-8-101)

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

According to the New Mexico Statutes Annotated (NMSA) Chapter 66, speeding offenders may receive speeding tickets for offenses that fall into three general groups: infractions, misdemeanors, and felonies. Each offense will be classified according to several criteria, including the speed over the limit, the severity of the offense, the effects/consequences of the offense, and any associated conditions.

The table below shows how speeding offenses are classified in New Mexico.

Penalties for Felony Speeding Tickets in New Mexico

Any driver convicted of a felony speeding offense in New Mexico may face any or a combination of the following penalties:

• Fines of up to and above $5000
• Points added to the driver's license
• Jail time of 1 to 6 years in prison(prison time may be increased based on the severity of the offense)
• Driver's license revocation or suspension from the New Mexico DMV
• Depending on the situation, a felony speeding conviction may remain on a driver's license, leading to other consequences such as court-ordered evaluations, loss of voting or Second Amendment rights, restitution to any victims, and increased insurance rates.

NMSA § 66-8-101 outlines the penalties for drivers convicted of felony speeding offenses such as vehicular homicide and significant bodily harm.

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

According to the New Mexico Department of Motor Vehicles, a speeding ticket remains visible on a driver's record for three years. During these three years, agencies requiring the driver's records, such as insurance companies, may typically access ticket information. This affects drivers as insurance companies will typically use such information when considering future premiums. After three years, the information typically drops off the record.

On the other hand, demerit points on the driver's license from the speeding violation are removed from the record 12 months after the violation date, as long as there are no other further offenses. Although the points may disappear after 12 months, the ticket violation will remain on the driver's record for three years. Court-mandated penalties, such as attending traffic school, will not remove a speeding ticket from your record or reduce how long it is visible. However, contesting the speeding ticket in court and either winning or dismissing the charge will remove it and clear the record.

Traffic violations and speeding ticket information may be available as part of New Mexico Traffic Court Records.

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

According to New Mexico's laws, most traffic violations, including speeding tickets, cannot be expunged. This is valid even if the offender completes traffic school and court requirements, such as fines. These offenses are considered non-criminal administrative issues attached to driving records, as opposed to criminal offenses open to expungement.

However, some criminal offenses stemming from traffic violations, such as the following, may qualify for expungement:

• Traffic arrests and charges that did not result in a conviction
• Reckless and careless driving charges that were dismissed or otherwise settled in the driver's favour
• Specific felony and misdemeanor convictions after a waiting period of between 2 and 6 years

Although traffic violations may not be eligible for expungement, they will typically be dropped from a driver's record in New Mexico after 3 years. Before that time, they may be accessed by insurance companies and employers, which may lead to increased insurance premiums and employment issues.

After 3 years, the record may no longer be accessed, and the driver will no longer be affected. Such traffic violations may be removed from a record by the driver challenging it in court and winning or taking a court-approved driver safety course. This may lead to demerit point reduction and ticket dismissal on completion.