What Happens If You Go 40 MPH Over the Speed Limit?

What Happens If You Go 40 MPH Over the Speed Limit in Your State?

What happens if you go 40 mph over the speed limit depends on your location, but the consequences are almost always severe. This level of speeding is often classified as reckless driving, and it can result in major penalties, including fines, license suspension, and even jail time. Understanding what’s at stake can help you respond wisely if you’re ever cited for extreme speeding.

Penalties for Driving 40 MPH Over the Limit

Exceeding the speed limit by 40 mph is not considered a simple traffic ticket in most states. Here’s what you could face:

Hefty Fines

Fines for driving 40 mph over the limit vary, but they are almost always higher than standard tickets. In some states, fines may exceed $500 or more, especially in construction or school zones.

License Suspension

Many jurisdictions will automatically suspend your license if you are caught driving 40 mph over the speed limit. This can be temporary (e.g., 30–90 days) or longer, depending on prior offenses.

Jail Time

Yes, jail is a possibility. Going 40 mph over the posted limit is often classified as reckless driving or a misdemeanor offense. Some states impose jail terms of up to 90 days or more for extreme speeding violations.

Increased Insurance Rates

One of the hidden consequences of excessive speeding is a dramatic increase in your car insurance premium. Some insurers may even cancel your policy due to the high-risk classification.

To understand the laws in your specific area, consult your state’s traffic laws or speak with a local attorney.

When Is 40 MPH Over the Limit a Criminal Offense?

Most states define speeding violations above a certain threshold as criminal or misdemeanor offenses. Here’s how it breaks down:

• Reckless Driving Charges: In many states, going 25+ mph over the limit is grounds for reckless driving. At 40 mph over, this is almost always charged.
• Aggravated Speeding: Some jurisdictions classify this level of speeding as aggravated or excessive speeding, which could carry higher penalties and longer license suspensions.
• Court Appearance Required: If you’re cited for going 40 mph over, you’ll likely be required to appear in court. Ignoring the summons can result in additional penalties or a bench warrant.

You can learn more about why it’s important to fight a speeding ticket rather than just pay it and move on.

How to Respond to a 40 MPH Over Speeding Ticket

If you’ve been ticketed for driving 40 mph over the limit, take these steps:

• Do not ignore the citation. You may be required to appear in court.
• Consult an attorney. Working with a traffic ticket lawyer can help reduce charges or avoid criminal penalties.
• Gather evidence. Dashcam footage, witness statements, or documentation of emergencies may help your defense.
• Be prepared to negotiate. Some judges may reduce the charge if it’s a first offense and you show responsibility.

Going 40 MPH Over the Limit Is a Serious Offense

So, what happens if you go 40 mph over the speed limit? You risk major legal consequences, from high fines and license suspension to potential jail time. Treat this type of ticket as a serious legal matter and consider getting help to protect your record and your freedom.

Get Help with a High-Speed Ticket Today

Facing a serious speeding charge? At Ticket Void, we connect drivers with experienced traffic attorneys who know how to handle extreme speeding offenses. Don’t wait—start your free traffic ticket attorney consultation today to protect your rights and avoid harsh penalties.

Frequently Asked Questions (FAQs)

1. Is going 40 mph over the limit considered reckless driving?

Yes, in most states it qualifies as reckless driving and may result in criminal charges.

2. Can I go to jail for driving 40 mph over the speed limit?

Yes. Many jurisdictions impose jail time for this level of excessive speeding.

3. Will my insurance go up after a 40 mph over ticket?

Almost certainly. This is considered a high-risk violation and can raise premiums significantly.

4. Can I fight a 40 mph over speeding ticket?

Yes. A traffic attorney can help reduce the charge or get it dismissed depending on your record and the circumstances.

5. What happens if I ignore the ticket?

Failing to appear in court or pay the fine can lead to license suspension, additional fines, or even arrest.

Key Takeaways

• What happens if you go 40 mph over the speed limit varies by state, but penalties are always serious.
• Fines, license suspension, jail time, and insurance hikes are common outcomes.
• This level of speeding is often treated as reckless driving or a misdemeanor.
• Legal representation can help reduce or dismiss the charge.
• Always respond to the citation and prepare your case carefully.