Virginia traffic defense · Va. Code § 46.2-862
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Practicing in Virginia since 1997
Drivers usually ask what the fine will be. That is the smallest part of the question. In Virginia, a speed high enough to cross the threshold in Va. Code § 46.2-862 stops being a traffic infraction and becomes a criminal charge — a Class 1 misdemeanor, prosecuted in General District Court, carrying a permanent criminal record on conviction.
The distance between a ticket and a misdemeanor can be a single mile per hour.
Toll-free intake line, staffed 24 hours a day, 7 days a week. Attorney consultations are scheduled by appointment.
01Where the line falls
Virginia sets its maximum speed limits in Va. Code § 46.2-870: 70 miles per hour on designated interstate highways, 65 on other interstates and arterial highways designated by the Commissioner of Highways, 55 as the default on highways not specifically designated, 35 in business or residence districts, and 25 in school crossing zones during school hours.
Va. Code § 46.2-862 then draws the line that matters. A person is guilty of reckless driving who drives a motor vehicle on the highways of the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit, or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit. The 85 mph figure has been the threshold since the 2020 amendment raised it from 80.
Reckless driving by speed is a Class 1 misdemeanor. So is general reckless driving under Va. Code § 46.2-852, which reaches driving “at a speed or in a manner so as to endanger the life, limb, or property of any person” — irrespective of the maximum speeds permitted by law. A driver can be charged under § 46.2-852 without exceeding any posted limit at all.
Below the threshold, a speeding summons is a traffic infraction. Above it, the Commonwealth is prosecuting a criminal case. The paperwork looks similar. The consequences do not.
| Road | Limit | Reckless at |
|---|---|---|
| Designated interstate highways | 70 | 86 |
| Other interstates & designated arterials | 65 | 85 |
| Highways not specifically designated | 55 | 75 |
| Business or residence districts | 35 | 55 |
| School crossing zones, school hours | 25 | 45 |
Clause (ii) applies independently: in excess of 85 mph is reckless driving regardless of the posted limit.
02What “cost” actually means
A Class 1 misdemeanor conviction carries exposure to a jail term of up to twelve months and a fine of up to $2,500, along with a court-ordered license suspension of up to six months. Those are ceilings, not sentences — what a court imposes depends on the speed, the record, the road, the county, and the judge.
The consequence drivers most often do not anticipate. A reckless driving conviction is a criminal conviction. It appears on background checks run by employers, licensing boards, landlords, security-clearance investigators, and immigration authorities. It does not expire when the fine is paid.
A reckless driving conviction carries six demerit points and remains on the Virginia driving record for eleven years. Points for other speeding convictions are assigned by DMV according to the specific charge, and accumulated points can trigger DMV action independent of anything the court does.
Carriers price from the driving record, not from the courtroom. A conviction a court treats as routine can be repriced by an insurer for years. Neither this firm nor any lawyer controls that repricing.
Va. Code § 46.2-341.18 disqualifies a commercial driver for enumerated offenses — one year for a major offense, three where hazardous materials are involved, lifetime on a second. Serious traffic violations draw 60 days on a second within three years, 120 on a third. Under § 46.2-341.1 the framework aligns to the federal motor carrier regulations, and CDL holders are held to 0.04% BAC rather than 0.08%.
For a commercial driver, a speeding charge is a livelihood question.
A Virginia conviction does not stay in Virginia. It is reported to the licensing state, which applies its own consequences under its own rules. Drivers licensed elsewhere are frequently surprised to learn that a Virginia misdemeanor follows them home.
03Related charges
A traffic stop that begins with a radar reading can produce more than one charge. The firm’s Virginia traffic practice includes:
04How a speed case is defended
There is no standard defense to a speed charge, because there is no standard speed charge. What there is, is a sequence of questions that has to be worked through in order.
Radar, LIDAR, pace, and aircraft timing each have calibration requirements, operator-training requirements, and documentary requirements. Those records either exist and are in order, or they do not.
The legal basis for the stop, what was said, what was observed, and what was recorded all bear on what the Commonwealth can prove.
Where the reading sits relative to the § 46.2-862 threshold determines whether the case is a criminal matter at all. A few miles per hour changes the statute under which the driver stands charged.
Va. Code § 46.2-869 provides that on a charge of reckless driving a judge may find the accused not guilty of reckless driving but guilty of improper driving, where the degree of culpability is slight — a traffic infraction punishable by a fine of not more than $500. Whether that provision is available is a decision for the court on the facts and record before it. No lawyer can promise it, and this firm does not.
05The firm
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor and has practiced continuously since founding the firm in 1997. He is admitted in five jurisdictions: Virginia, Maryland, the District of Columbia, New Jersey, and New York.
In 2019, Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Bill history is searchable on the Virginia Legislative Information System at lis.virginia.gov.
The firm’s Virginia traffic matters are handled by counsel admitted in Virginia. Bryan Block, Of Counsel, served fifteen years as a Virginia State Trooper before entering practice, and reads a traffic case from the perspective of the officer who wrote the summons.
Individual attorneys are admitted in specific jurisdictions; not all attorneys are licensed in all states.
Owner and Founder
Mr. Sris
Former prosecutor. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Of Counsel
Bryan Block
Fifteen years as a Virginia State Trooper before entering practice. Admitted in Virginia.
Attorney
Kristen M. Fisher
Admitted in Virginia and Maryland.
06The attorneys
Individual attorneys are admitted in specific jurisdictions; not all attorneys are licensed in all states. Virginia matters are handled by counsel admitted in Virginia.
Owner and Founder
A former prosecutor who founded the firm in 1997 and has practiced continuously since. In 2019 he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Of Counsel
Served fifteen years as a Virginia State Trooper before entering practice. He reads a traffic case from the perspective of the officer who wrote the summons — the measurement, the calibration records, and the notes on the back of the ticket.
Attorney
Admitted in Virginia and Maryland, and appears in Virginia General District Court traffic and misdemeanor matters, including cases charged under Va. Code § 46.2-862.
07Virginia locations
Consultations are scheduled by appointment at every location. The toll-free intake line at (888) 437-7747 is staffed 24 hours a day, 7 days a week, 365 days a year; attorney consultations are scheduled separately.
The firm also maintains locations in Maryland, New Jersey, New York, and Colombia.
Frequently asked
Under Va. Code § 46.2-862, a driver is guilty of reckless driving who drives a motor vehicle on the highways of the Commonwealth at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit, or in excess of 85 miles per hour regardless of the applicable maximum speed limit. The second clause applies even where the posted limit is 70. Reckless driving by speed is a Class 1 misdemeanor, not a traffic infraction.
Reckless driving by speed under Va. Code § 46.2-862 is a Class 1 misdemeanor. The statutory ceiling is a jail term of up to twelve months, a fine of up to $2,500, and a court-ordered license suspension of up to six months. These are maximums rather than expected sentences; what a court imposes depends on the speed, the driving record, and the circumstances of the case.
Yes. A Class 1 misdemeanor conviction is a criminal conviction and appears on criminal background checks. It is distinct from a traffic infraction, which does not carry a criminal record. This is the consequence drivers most frequently do not anticipate when a speeding charge is filed as reckless driving.
A reckless driving conviction carries six demerit points and remains on the Virginia driving record for eleven years. The criminal conviction itself is a separate record and does not expire on the same schedule.
Va. Code § 46.2-869 provides that on a charge of reckless driving, a judge may 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. Whether that provision is available in any particular case is a decision for the court on the facts and record before it, and no outcome can be promised.
Commercial drivers are governed by Va. Code § 46.2-341.18, which disqualifies a CDL holder for enumerated offenses. A major offense carries a one-year disqualification, three years where hazardous materials are involved, and a lifetime disqualification on a second offense. Serious traffic violations carry 60 days for a second within three years and 120 days for a third. Under Va. Code § 46.2-341.1, CDL holders are also held to a 0.04% BAC threshold.
A Virginia conviction is reported to the driver's licensing state, which then applies its own point system and its own consequences under its own law. Va. Code § 46.2-301 also applies to non-residents, so a driver whose privilege to drive in Virginia has been suspended can be charged here regardless of where the license was issued.
Call (888) 437-7747 to request a consultation. The toll-free intake line is staffed 24 hours a day, 7 days a week, 365 days a year. Attorney consultations are scheduled by appointment at any of the firm's five Virginia locations.
08Contact
Bring the summons, the posted limit, the location, and the court date. Those four facts determine what statute you are charged under and what the case is.
Toll-free intake line staffed 24 hours a day, 7 days a week, 365 days a year. Attorney consultations are scheduled by appointment.
Founded 1997 · Virginia traffic and criminal defense
Fairfax · Richmond · Ashburn · Arlington · Woodstock
Content reviewed by Mr. Sris, Owner and Founder (admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York).
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