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

Under Hawaii law, there is generally no exact MPH threshold at which speeding alone automatically results in a felony charge. However, felony charges may arise when speeding is linked to more serious offenses, such as causing a fatality or engaging in other criminal behavior. According to HRS § 291C-105, driving 30 mph or more over the speed limit or at speeds of 80 mph or higher triggers Hawaii's excessive speeding law, which is considered a petty misdemeanor rather than a felony.

A speeding offense in Hawaii may result in felony charges if:

• A driver repeatedly commits reckless driving involving high speeds
• The violator willfully evades law enforcement at a dangerous speed, causing harm
• The driver causes another person's death while driving under the influence (DUI) or through reckless high-speed driving.

Is Speeding a Felony in Hawaii?

No, speeding does not qualify as a felony offense under Hawaii law. In Hawaii, speeding is typically a traffic infraction or a misdemeanor, regardless of how much over the speed limit a person is driving. Driving 1 to 29 mph over the limit results in a civil infraction. But exceeding the speed limit by 30 mph or driving 80 mph or faster anywhere in Hawaii is a petty misdemeanor.

However, speeding is only classified as a felony when it involves additional serious factors, such as causing a death or injury, or attempting to evade law enforcement in disregard for safety.

Can a Speeding Ticket Become a Felony in Hawaii?

In Hawaii, the outcome of a speeding violation is influenced by more than just how fast the driver was going. Aggravating factors can escalate a typical minor infraction into a criminal offense and, in some cases, even a felony. There are specific conditions in which a regular speeding ticket in Hawaii can escalate into a felony charge. These are if:

• The driver is under the influence of drugs or alcohol
• Speeding results in an accident with serious injury or death
• The offender flees from police at high speed, causing harm
• The driver is a repeat offender.

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

Hawaii law divides speeding-related offenses into three main categories: infractions, misdemeanors, or felonies. These categories are based on the severity of the behavior, the level of danger involved, and the potential consequences.

Infractions

In Hawaii, exceeding the speed limit by 1 to 29 mph is a civil offense that does not result in criminal prosecution. Traffic infractions in Hawaii carry administrative, not criminal penalties, which may include fines between $97 and $200, entries on a driver's traffic abstract, and potential effects on car insurance.

Petty Misdemeanors

A driver commits a misdemeanor in Hawaii if it involves excessive speeding that endangers others. For instance, driving 30 mph or more over the posted limit or driving 80 mph or faster is a criminal offense that may result in possible jail time, $500 minimum fine, up to 30 days of license suspension, 36 hours of community service, and a driver education course.

Felony

Speeding may become a felony offense in Hawaii if it involves death, repeat criminal violations, or fleeing law enforcement in disregard for the safety of persons or property. In Hawaii, a driver commits negligent homicide in the first degree (class B felony), especially when under the influence or driving in reckless conditions. Also, a driver is guilty of a class C felony, negligent homicide in the second degree, if death occurs through negligent speeding.

Penalties for Felony Speeding Tickets in Hawaii

The penalties for a felony conviction for speeding in Hawaii range from heavy fines, prison time, court-ordered restitution, a permanent felony criminal record, and automatic license revocation. Additional consequences for a felony conviction related to speeding include:

• Loss of firearm rights
• Disqualification from certain types of employment, housing opportunities, or federal benefits
• Parole or probation requirements
• Mandatory participation in a driver improvement course or substance abuse rehabilitation program.

These felonies arise when speeding leads to a death, triggering negligent homicide (Class C or B felony, depending on circumstances). The table below outlines the penalties for a felony conviction for speeding in Hawaii.

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

In Hawaii, a speeding ticket stays on an official driving record for 10 years from the violation date. The Hawaii State Judiciary maintains and provides access to Hawaii traffic court records, including all moving violations and speeding convictions.

Although the state keeps driving records for a decade, most insurers only examine the past 3 to 5 years based on their specific policies. As a result, a ticket that remains on a DMV record may no longer impact insurance after that timeframe. However, more serious offenses can affect car insurance rates for longer.

Note: Hawaii does not use a point-based license system. Instead, the court or DMV may suspend or revoke a license based on conviction history, particularly for serious or repeat offenses.

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

In Hawaii, speeding tickets typically cannot be sealed or expunged. The one exception involves criminal traffic cases that did not result in a conviction, and even then, expungement applies only to arrest records, not the driving abstract. In such cases, individuals can file a petition to expunge their criminal arrest records under HRS § 831-3.2. For most drivers, the most practical option is to wait for the 3 to 5-year insurance lookback period or the 10-year DMV record retention to pass.