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

In most cases, driving above the default speed limits (K.S.A. § 8-1558) in Kansas cannot result in a felony charge for the driver. Under Kansas law, the worst-case scenario is a reckless driving misdemeanor charge. As of July 2025, the state does not have a specific mph-over-the-limit threshold that allows law enforcement to elevate a standard speeding ticket to a felony. Kansas Senate Bill SB 113 proposes that speeding at 100 MPH or more, or exceeding the posted speed limit by 35 MPH or more, be classified as reckless driving. However, reckless driving in this instance would still be considered a misdemeanor, not a felony offense.

A speeding ticket may be elevated to a felony charge when speeding is combined with other aggravating factors, such as:

Reckless Driving

K.S.A. § 8-1566 defines reckless driving as a misdemeanor when a driver operates their vehicle "in willful or wanton disregard for the safety of persons or property. " This offense remains a misdemeanor, but it may be elevated to a felony if combined with other crimes.

Vehicular Homicide or Manslaughter

Under K.S.A. 21-5405, anyone who causes a fatal accident while speeding may face an involuntary manslaughter charge. This is a felony offense that carries prison sentences ranging from 31 months to over 11 years, depending on the circumstances.

Aggravated Fleeing or Eluding Law Enforcement

Per K.S.A. 8-1568, a driver who speeds over the 20 mph limit while evading law enforcement, disobeying traffic signals, causing an accident, driving against traffic, on sidewalks, or through private property may face a felony charge. The felony classification depends on the severity of the offense. Convicted drivers may face sentences ranging from 17 to 136 months, depending on their prior record and the level of the offense.

Aggravated Battery

According to K.S.A. 21-5413, drivers who deliberately and carelessly cause severe bodily harm to another person while driving recklessly (e.g., excessive speeding in pedestrian zones, construction zones, or school zones) may face a felony charge (severity level 7 or 8 person felony). If convicted of such a charge, offenders are liable to a jail term of between 34 and 136 months.

Is Speeding a Felony in Kansas?

Under Kansas law, speeding alone does not constitute a felony. The state generally classifies speeding as a civil infraction. In extreme cases, when speeding results in what is described as reckless driving, it is a misdemeanor, and still not a felony. Nonetheless, a felony charge may occur when a driver combines speeding or reckless driving with other unlawful behavior.

In Kansas, arresting officers typically issue speeding tickets for ordinary speeding (driving above the default speed limits). Such tickets represent civil infractions, not criminal charges. Drivers who receive three or more moving violations within 12 months may incur an administrative license suspension on their driving record. Such records, however, do not count towards a criminal record. A routine speeding ticket (traffic infraction) does not result in jail time in Kansas.

According to K.S.A. § 8-1566, reckless driving (speeding with dangerous behavior) may result in jail time for first convictions (5 to 90 days) and subsequent convictions (10 days to 6 months). Regardless of the stated jail terms above, the offense remains a misdemeanor, not a felony.

While speeding alone and reckless driving alone do not result in a felony, criminal charges may arise when these acts combine with other unlawful driving behaviors. Actions that may lead to felony charges include fleeing or eluding law enforcement (K.S.A. § 8-1568), vehicular homicide (K.S.A. 21-5406), or involuntary manslaughter as a result of reckless driving or felony flight (K.S.A. 21-5405).

Can a Speeding Ticket Become a Felony in Kansas?

In Kansas, arresting officers may issue speeding tickets for traffic infractions (speeding above posted limits) or reckless driving, but these offenses are not felony crimes. For speeding tickets to become felony charges, misdemeanor offenses must combine with other dangerous driving behaviors to create an unsafe driving environment that endangers the lives of other road users.

Instances where speeding tickets may become a felony in Kansas include the following:

• Aggravated Feeling or Eluding Law Enforcement (K.S.A. 8-1568) - it is a felony crime for anyone to flee or attempt to evade a law enforcement officer after clear instructions to stop.
• Involuntary Manslaughter Due to Reckless Driving or Felony Flight (K.S.A. 21-5405) - Anyone who unknowingly is responsible for the death of another person through reckless driving or while escaping the police at a crime scene, where they were involved, may face a felony charge.
• Vehicular Homicide (K.S.A. 21-5406) - This felony crime occurs when someone fails to exercise the level of care that a reasonably cautious driver would exhibit while operating a vehicle, resulting in the death of a person.
• Racing on Highways (K.S.A. 8-1565) - Although this is a misdemeanor offense, it may become a felony if the racing results in injury, death, or property damage.

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

In Kansas, the traffic laws typically handle speeding offenses as non-criminal violations. However, these classifications may change depending on the level of speeding involved, the nature of the offenses (aggravating factors), and the consequences.

Infraction

Infractions comprise minor speed violations, such as driving 10 mph over the posted limit. Offenders usually pay a standard fine based on their speed over the limit, e.g., $45 for exceeding a speed limit by 1 to 10 mph and $45 plus $6 for 11 to 20 mph, and more. Court costs may be involved, but offenders do not face jail time for infractions. However, individuals who accumulate three moving violations in a year may have their license suspended under the state's habitual violator rules.

Misdemeanor

This offense category includes speeding that results in reckless driving, repeat offenses, excessive speed, or other dangerous behaviors. Under K.S.A. § 8-1566, misdemeanor offenses are classified as Class B Misdemeanors. A first-time conviction of misdemeanor offenses may result in an offender serving between five and ninety days in jail and/or paying a fine of $25 to $500. Second- or subsequent-offenders may face imprisonment for between 10 days and 6 months and/or a fine of $50 to $500. An example of a misdemeanor is an individual weaving through traffic while exceeding the posted speed limit by 40 miles per hour.

Felony

In Kansas, speeding on its own is not a felony. Still, it may result in felony charges if associated with dangerous acts, such as fleeing or eluding police, causing serious injury or death (involuntary manslaughter). A typical example of a felony offense is a driver knowingly refusing to stop for law enforcement and engaging in dangerous actions (e.g., excessive speed, weaving, driving the wrong way, causing crashes). Penalties for felony offenses usually vary based on the degree and severity of the crime. Nonetheless, offenders may face serious jail time, heavy fines, and suspension of their driver's license.

The table below provides a summary of the definitions, examples, and legal treatment of different types of speeding tickets in Kansas.

Types of Speeding Offenses in Kansas

Penalties for Felony Speeding Tickets in Kansas

Listed below is a breakdown of the criminal penalties associated with felony-level speeding offenses in Kansas:

Fleeing or Eluding a Police Officer (K.S.A. § 8-1568)

• Jail time: carries a standard imprisonment of about three to ten years (Classified as a Severity Level 9 Felony)
• Fines: May increase up to $100,000, depending on the severity level of the offense.
• License revocation: Automatic revocation by the Division of Motors upon conviction in compliance with Kansas law (K.S.A. § 8-254).
• Permanent record: A conviction remains on the offender's criminal record permanently, consequently impacting employment, insurance rates, and housing opportunities.

Vehicular Homicide

• Vehicular homicide is a Severity Level 5 to 7 Felony, depending on intent or substance use.
• Jail time: Ranges from one to ten years
• Fines: Up to $100,000 (depending on severity of offense)
• License revocation: Automatic license revocation for one year under K.S.A. § 8-254

Criminally Negligent Homicide

• Criminally negligent homicide is a Severity Level 5 Felony
• Jail time: About one to five years in prison
• Fines: up to $100,000
• License revocation: Yes.

Other consequences associated with speed-related felony convictions in Kansas may include undergoing reinstatement procedures, paying fees, and possibly serving probation periods.

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

According to the Kansas Department of Revenue (KDOR) 's administrative policy, minor moving violations, such as speeding, typically remain on an individual's driving record for three years. For more serious violations, such as driving while intoxicated (DUI), driving with a suspended license, or failing to register, KDOR often retains such information on driving records for five years or indefinitely.

It is important to note that Kansas does not use a traditional point system for violations. Instead, the state monitors driving behavior that falls outside accepted standards through the driver's moving violation count. Those who accumulate three moving violations may face a suspension for habitual violation.

Usually, auto insurers examine the last three years of a driver's history. Consequently, older records may not appear to them. Still, serious convictions such as DUIs and driving with a suspended license, retained for more extended periods, may appear on drivers' records and impact insurance rates.

In Kansas, interested parties may acquire information on speeding violations that result in criminal charges as part of Kansas traffic court records.

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

In Kansas, ordinary speeding tickets are classified as civil infractions, not criminal offenses. Therefore, there is no need for expungement, as the process only applies to criminal records.

Under K.S.A. 8-1566, excessive speeding or reckless driving may be upgraded to a misdemeanor, a criminal offense. Individuals convicted of such misdemeanors are eligible for expungement under Kansas law.

Per K.S.A. § 21-6614, persons convicted of reckless driving and other misdemeanors may petition for expungement three years after fulfilling the following requirements:

• Complete all sentence terms, probation, or diversion.
• They must have had no additional felony convictions during that time.

Individuals convicted of more serious crimes, such as vehicular homicide, driving with a suspended license, or driving while intoxicated, must undergo a 5-year waiting period before seeking expungement. However, they may also be ineligible for expungement due to the severity of the offense.

Most speeding-related offenses may be expunged in juvenile court if:

• The individual has reached the age of 23 years
• If two years have passed since the completion of the sentence.
• There are no pending criminal charges.

However, serious juvenile offenses, such as DUI-related manslaughter, may not be eligible for expungement.