reckless driving 20 mph over Virginia attorney

The relative prong of Va. Code 46.2-862 makes it reckless driving to travel 20 miles per hour or more in excess of the applicable maximum speed limit, whatever that limit happens to be. The offense is a Class 1 misdemeanor carrying up to 12 months in jail, a fine of up to $2,500, and a licence suspension of up to six months. Law Offices Of SRIS, P.C. handles these charges in Virginia courts. Call (888) 437-7747.

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Which Limit Applied

Because the threshold is measured against the applicable maximum speed limit, the first question is what that limit was where the stop occurred. Va. Code 46.2-870 sets 70 miles per hour on designated interstate highways, 65 on other interstates and designated arterial highways, 55 where not specifically designated, 35 in business or residence districts, and 25 in school crossing zones during school hours. Where signage, a work zone, or a recent change to a corridor is involved, the applicable limit is sometimes genuinely in dispute.

Why 20 Over Is a Misdemeanor and 19 Is Not

The line is arbitrary in the sense that any bright line is, and it produces sharp consequences. At 19 over, the matter is a traffic infraction resolved by prepayment. At 20 over, it is a Class 1 misdemeanor with jail exposure, a criminal record, and six demerit points for eleven years. That single mile per hour is why a speedometer calibration showing the vehicle read low can change the character of the case entirely.

Lower-Speed Roads Produce These Charges Often

The relative prong catches drivers on 35 and 45 mile per hour roads who would never describe themselves as speeding dangerously. Fifty-five in a 35 business district is reckless driving. Because those readings feel ordinary to the driver, the charge is frequently a genuine surprise, and the gap between how the conduct felt and how the statute classifies it is often the most useful thing to explain to a court.

License Suspension and DMV Points

A court may suspend a licence for up to six months on a reckless driving conviction. That is separate from any administrative action by the Department of Motor Vehicles. A conviction under Va. Code 46.2-862 carries six demerit points and remains on the Virginia driving record for eleven years. The criminal conviction itself is a different matter again: it does not age off a background check the way demerit points fall off a driving record, which for many people is the more lasting consequence.

Reduction to Improper Driving

Va. Code 46.2-869 permits the judge, on a charge of reckless driving, to find the accused not guilty of reckless driving but guilty of improper driving where the degree of culpability is slight. Improper driving is a traffic infraction punishable by a fine of not more than $500, not a misdemeanor. The disposition is available only from the court, not by agreement with the Commonwealth alone, and what supports it is a record and a presentation that make the culpability genuinely look slight.

What to Expect in Court

A reckless driving charge is heard first in the General District Court for the county or city where the summons issued. That court sits without a jury and moves quickly. A defendant convicted there has an appeal of right to the circuit court, which conducts a new trial rather than reviewing the record, and a jury may be requested at that level. The practical consequence is that a disposition below is not always final, and the decision whether to note an appeal is a strategic one made with the record of the first hearing in hand.

If You Are an Out-of-State Driver

Drivers licensed elsewhere frequently assume a Virginia reckless driving summons can be handled by mail. It cannot be treated as an infraction, because the offense is a misdemeanor. Appearance is generally expected, and whether counsel may appear instead depends on the specific charge and the practice of the court. A Virginia conviction is also reported to the home state, where its effect on the licence and on insurance is governed by that state’s own rules rather than by Virginia law.

CDL and Professional Licence Consequences

A commercial driver’s licence changes what is at stake. Under the Virginia Commercial Driver’s Licence Act, disqualification follows certain offenses, and the framework is aligned with federal motor carrier regulation, including the lower 0.04 percent blood alcohol threshold that applies to commercial operators. A serious traffic violation can carry a disqualification period, and a second major offense can result in a lifetime disqualification. Anyone whose employment depends on a CDL, a security clearance, or a professional licence should raise it at the first conversation, because it changes which dispositions are worth pursuing.

Frequently Asked Questions

What speed makes it reckless driving?

Under Va. Code 46.2-862, 20 miles per hour or more above the applicable limit, or more than 85 miles per hour regardless of the posted limit. The absolute threshold was raised from 80 to 85 by the 2020 amendment.

Is reckless driving a criminal charge in Virginia?

Yes. Under Va. Code 46.2-852 and Va. Code 46.2-862 it is a Class 1 misdemeanor, not a traffic infraction. A conviction is a criminal conviction and appears on a background check as one.

Will I lose my licence?

The statute permits a suspension of up to six months. Whether one is imposed depends on the speed, the record, and the court. Any court-ordered suspension is separate from administrative action by the Department of Motor Vehicles.

Can the charge be reduced?

Va. Code 46.2-869 permits the judge to find a defendant not guilty of reckless driving but guilty of improper driving where culpability is slight. That is a traffic infraction with a fine of not more than $500, and only the court can grant it.

I am an out-of-state driver. Do I have to come back?

Appearance is generally expected because the offense is a misdemeanor. Whether counsel can appear instead depends on the specific charge and the practice of the court, and it should be confirmed before the date.

How long does it stay on my record?

A conviction under Va. Code 46.2-862 carries six demerit points and remains on the Virginia driving record for eleven years. The criminal conviction is separate and does not simply age off a background check.

About Mr. Sris

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, which shapes how he reads a summons, a calibration certificate, and an officer’s notes. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the technical side of a speed case, from device records to calibration documentation. Mr. Sris and the firm’s Of Counsel attorneys handle Virginia matters together, with the division of work set at the start of the engagement.

Speak With Mr. Sris

Request a consultation. Reach our location at (888) 437-7747. Bring the summons, any paperwork the officer gave you, your court date, and your driving record if you have it. Out-of-state drivers should say so at the outset, because whether an appearance can be waived depends on the charge and the court.

Last updated: August 25, 2026

This page provides general information about Virginia traffic and criminal law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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