Reckless Driving by Speed in Virginia
Va. Code 46.2-862 makes it reckless driving to operate a motor vehicle on Virginia highways either at a speed of 20 miles per hour or more above the applicable maximum speed limit, or in excess of 85 miles per hour regardless of the posted limit. Either route produces the same charge, and the charge is a Class 1 misdemeanor rather than a traffic infraction. Law Offices Of SRIS, P.C. handles these cases in Virginia courts. Call (888) 437-7747.
Two Ways to Be Charged
The first prong is relative: 20 miles per hour or more over the applicable limit. The second is absolute: more than 85 miles per hour, whatever the limit happens to be. The absolute prong is the one that surprises drivers, because 86 in a posted 70 zone is reckless driving even though it is only 16 over. The 2020 amendment raised that absolute threshold from 80 to 85 miles per hour, so older articles and secondhand advice frequently state the wrong number.
What the Charge Carries
Reckless driving under this section is a Class 1 misdemeanor. The exposure is up to 12 months in jail, a fine of up to $2,500, and a license suspension of up to six months. A conviction also carries six demerit points and remains on the Virginia driving record for eleven years. A misdemeanor conviction is a criminal conviction, which is why the charge appears on background checks in a way a speeding ticket does not.
Where the Case Is Heard
A reckless driving charge begins in the General District Court for the county or city where the stop occurred. That court hears the case without a jury. A defendant convicted there has an appeal of right to the circuit court for a new trial, and in circuit court a jury may be requested. Understanding that two-tier structure matters, because the decision whether to resolve a matter below or take an appeal is a strategic one.
Frequently Asked Questions
Is reckless driving by speed a criminal charge?
Yes. Va. Code 46.2-862 defines a Class 1 misdemeanor, not a traffic infraction. A conviction is a criminal conviction and appears as one on a background check.
What is the absolute speed threshold?
More than 85 miles per hour, regardless of the posted limit. The 2020 amendment raised it from 80, so sources written before that change state an outdated figure.
Do I have to appear in court?
Because the charge is a misdemeanor, appearance is generally expected. Whether an out-of-state driver can have counsel appear instead depends on the specific charge and the practice of the court, and it should be confirmed before the date rather than assumed.
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.
Attorney advertising. Prior results do not guarantee a similar outcome.