excessive speed felony threshold Virginia lawyer

Drivers stopped at very high speeds in Virginia frequently ask at what point the charge becomes a felony. The answer is that speed alone does not create one. However high the reading, reckless driving by speed under Va. Code 46.2-862 remains a Class 1 misdemeanor. Felony exposure in this area arises from what accompanies the driving rather than from the number on the summons. Law Offices Of SRIS, P.C. handles these matters. Call (888) 437-7747.

On This Page

There Is No Felony Speed Threshold

This is worth stating plainly because the opposite is widely assumed. Va. Code 46.2-862 makes it reckless driving to travel 20 miles per hour or more above the applicable limit, or above 85 miles per hour regardless of the limit, and the offense is a Class 1 misdemeanor. A driver recorded at 100 and a driver recorded at 86 face the same statutory classification. The recorded speed affects what a court does within that classification; it does not move the offense into felony territory by itself.

Where Felony Exposure Actually Comes From

Felony charges connected to dangerous driving arise from defined circumstances rather than from speed. Racing that causes serious bodily injury is addressed by Va. Code 46.2-865.1. Reckless driving committed while the driver’s licence was suspended or revoked, where the driving causes the death of another, is addressed by Va. Code 46.2-868(B). Failing to stop after an accident involving injury or death is a felony under Va. Code 46.2-894. A licence revocation follows conviction of certain enumerated offenses under Va. Code 46.2-389.

Why the Misconception Persists

Two things feed it. Very high speeds do produce serious consequences within the misdemeanor range, including realistic jail exposure, so drivers reasonably infer the charge must be something graver than a misdemeanor. And other states do treat extreme speed as a felony, so drivers licensed elsewhere import an assumption that does not hold in Virginia. The practical effect is that people either panic unnecessarily or, having been told it is only a misdemeanor, underestimate a charge that carries up to 12 months in jail.

What a High Reading Does Change

It changes the posture of the case rather than its classification. Courts treat three-digit readings as a category apart, active jail becomes a realistic possibility, a licence suspension of up to six months is more likely to be imposed, and a request under Va. Code 46.2-869 to find improper driving instead is very difficult to sustain because culpability at that speed is not easily described as slight. The stakes are real; the label is still misdemeanor.

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.

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

Is speeding ever a felony in Virginia?

Not on the basis of speed alone. Reckless driving by speed under Va. Code 46.2-862 is a Class 1 misdemeanor regardless of how high the reading is. Felony exposure arises from accompanying circumstances such as racing causing serious injury, or failing to stop after an accident involving injury or death.

What about 100 miles per hour?

Still a Class 1 misdemeanor under Va. Code 46.2-862. The reading affects what the court does with the case, including the realistic possibility of active jail, but it does not change the classification of the offense.

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.

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.