Getting caught driving 40 over the speed limit is almost never a simple ticket. In most states it triggers a reckless driving charge, which is a criminal misdemeanor. That means a court appearance, potential jail time, a license suspension, fines and fees that commonly run into four figures, an insurance increase of roughly 80% to 90%, and a criminal record that shows up on background checks for years.
Why 40 Over Becomes a Criminal Charge
Several states have “per se” reckless driving thresholds. Hit a certain speed above the limit and the criminal charge attaches automatically, regardless of road conditions or how safely you thought you were driving. Common triggers include 20 or 25 mph over the posted limit, or exceeding a fixed speed such as 85, 90, or 100 mph. At 40 over, you clear every one of them.
Even in states without a per se trigger, prosecutors can charge reckless driving under the general standard: operating a vehicle with willful disregard for the safety of people or property. Forty over is strong evidence of that disregard, and few judges or juries see it otherwise. The charge is a misdemeanor in most states. If the speeding caused serious bodily injury or death, several states escalate it to a felony.
You Will Have to Go to Court
A reckless driving charge is a criminal matter, so you can’t just mail in a check. Some jurisdictions let an attorney appear on your behalf; many require you to show up in person, especially for the first hearing.
Skipping the date makes everything worse. A failure to appear typically triggers a bench warrant, additional fines, and in some places an automatic license suspension on top of whatever the original charge already carries.
Fines and the Extra Costs Around Them
Base fines vary widely. First-offense statutes range from around $25 in some states to $1,000 or more in others. The printed number is rarely what you actually pay. Courts add administrative surcharges, processing fees, and penalty assessments that can double or triple the total, and those add-ons alone commonly run $50 to $200.
Some states impose a special surcharge for extreme speed. Georgia’s Super Speeder law adds a flat $200 fee on top of local fines for anyone convicted of driving 75 mph or more on a two-lane road or 85 mph on any road. Miss the 120-day payment window and your license is suspended, with a $50 reinstatement charge on top.
Beyond the fine itself, expect to pay for a mandatory driver improvement course in many jurisdictions, license reinstatement fees of roughly $45 to $150 if your license is suspended, and towing and impound charges if your vehicle was pulled off the road at the scene. Daily impound storage typically runs $20 to $50, with a separate towing bill on top. Out of pocket, one incident can reach several thousand dollars before insurance is even factored in.
License Suspension and Points
Most states use a demerit point system, and a single extreme speeding conviction can load 4 to 11 points onto your record depending on the state. Some states suspend at 6 points in a year; others set the threshold at 12 points over two years. One reckless driving conviction can push you across the line even with a previously clean record.
Independent of points, many states let the judge suspend your license directly as part of the sentence. First-offense suspensions typically run 30 days to one year. Repeat offenders and drivers involved in crashes face longer suspensions, and in the most serious cases full revocation, which means reapplying from scratch and often retaking the written and road tests.
A reckless driving conviction generally stays on your driving record for 5 to 11 years depending on the state. It affects your insurance and counts against you if you pick up another violation during that window.
Jail Time Is on the Table
Jail is a real possibility. Maximum incarceration for a first offense ranges from 30 days in states like Connecticut and New York to a full year in states like Virginia and Illinois. Whether a first-time offender actually serves time depends on the speed involved, road and weather conditions, whether anyone was endangered, and the judge.
In practice, most first-time offenders who didn’t cause a crash avoid jail through probation, community service, or a suspended sentence. But some judges in jurisdictions that take speed seriously do hand down short jail terms even on a first offense. A second reckless conviction within a few years can trigger mandatory minimums in some states. If your speeding caused injuries, felony exposure and prison time measured in years become possible.
Insurance: SR-22 Filing and a Big Premium Hike
Many states require an SR-22 filing after a reckless driving conviction. That’s a certificate your insurer submits to the state confirming you carry at least the minimum liability coverage. You must keep it active for a set period, usually three to five years. If your coverage lapses even briefly, the insurer notifies the state and your license is suspended again.
The SR-22 filing fee itself is small, typically $15 to $35. The pain is indirect. Carrying an SR-22 flags you as a high-risk driver, and some insurers won’t write those policies at all, pushing you to a more expensive carrier.
The premium increase is where the real long-term cost sits. National data shows reckless driving raises premiums by roughly 80% to 90% on average, far above a standard speeding ticket. On a $2,000 annual policy that adds $1,600 to $1,800 a year. Most insurers look back three to five years when rating you, and some look back further for major violations. Cumulatively, the higher premiums often dwarf the original fine.
The Criminal Record
Because reckless driving is a misdemeanor rather than an infraction, a conviction creates a criminal record. It shows up on standard background checks for employment, housing, and professional licensing. Unlike a routine speeding ticket, a reckless driving misdemeanor does not quietly age off your criminal history in most states. It may remain visible indefinitely unless you have it expunged or sealed, and not every state allows expungement for traffic misdemeanors.
This is one of the most underappreciated consequences. Drivers focused on the fine and the points often don’t realize they’re pleading guilty to a crime. If you’re offered a plea that keeps the charge as reckless driving, understand what you’re accepting before you sign.
If You Hold a Commercial Driver’s License
The stakes are significantly higher for CDL holders. Federal regulations classify both excessive speeding (15 mph or more over the limit) and reckless driving as “serious traffic violations.” A second conviction for any combination of serious violations within three years disqualifies you from operating a commercial vehicle for 60 days. A third within the same window extends the disqualification to 120 days.1eCFR. 49 CFR 383.51 – Disqualification of Drivers These disqualifications apply even if the violation happened in your personal vehicle, as long as the conviction results in a suspension or revocation of your driving privileges.2Federal Motor Carrier Safety Administration. Safety Planner – 6.2.5 Disqualification of Drivers For a professional driver, a 60- or 120-day disqualification usually means losing the job, since most carriers won’t hold a position open that long.
If It Happened on Federal Land
National parks, military installations, and federal building campuses run on a different track. Federal speed limits on park roads default to 45 mph unless posted otherwise, with lower limits in campgrounds, school zones, and construction areas.3eCFR. 36 CFR 4.21 – Speed Limits A federal law enforcement officer issues the citation, and the ticket is processed through the Central Violations Bureau rather than a state court.4United States District Court. Central Violations Bureau – Federal Ticket Federal property violations can incorporate state law, so if the state treats 40 over as reckless driving, you can face those same criminal charges in a federal magistrate court. You’ll receive a notice to appear about four weeks before the court date.
Fighting or Reducing the Charge
Given the consequences, it’s worth taking the charge seriously and considering a defense. Common strategies include:
- Challenging the speed measurement. Radar and lidar devices require proper calibration and correct operation. If the officer’s equipment wasn’t recently certified or was used improperly, the recorded speed may be inaccurate. A certified speedometer calibration on your own vehicle can also help when the alleged speed sits close to a per se reckless threshold, since even a few mph can push the charge below the line.
- Negotiating a plea reduction. Prosecutors can agree to reduce a reckless driving charge to a standard speeding infraction or another non-criminal traffic violation. A reduced charge typically means no criminal record, fewer points, and a much smaller insurance impact. First-time offenders with clean records have the strongest position.
- Presenting mitigating circumstances. A clean driving history, voluntary completion of a driver improvement course before sentencing, and evidence of responsible behavior since the stop can influence a judge’s willingness to reduce the charge or sentence.
An attorney is almost always worth the cost when the charge is a criminal misdemeanor rather than a simple traffic infraction. Representation often pays for itself many times over if it results in a reduced charge that keeps your record clean and your insurance closer to normal, and that is especially true in states where 40 over is an automatic reckless driving trigger and the only real question is whether the charge can be bargained down.