Reckless Driving by Speed in Virginia
February 14, 2018 by Jean Humbrecht
Driving more than 20 miles per hour over the speed limit or driving more than 80 miles per hour is a form of Reckless Driving in Virginia (Va. Code §46.2-862). Reckless Driving by speed in Virginia under Va. Code §46.2-862 is NOT a traffic infraction-it is a crime. This means that a conviction for Reckless Driving by speed in Virginia will go on a driver’s permanent criminal record and cannot be expunged.
What is the Difference Between Speeding and Reckless Driving by Speed in Virginia?
The difference between speeding (a traffic infraction) and Reckless Driving by speed (a crime) in Virginia is the likelihood of injury to other users of the road. Additionally, a driver can pre-pay a speeding ticket but CANNOT pre-pay a fine for Reckless Driving by speed in Virginia. The driver MUST come to court. Failure to appear in court could result in an additional criminal charge.
Proof of Reckless Driving by Speed in Virginia
Driving More than 80 Miles per Hour is A Crime in Virginia
To convict an offender of Reckless Driving by speed in Virginia under Va. Code §46.2-862, the Commonwealth must prove that the driver exceeded the speed limit by more than 20 miles per hour or drove more than 80 miles per hour.
A person commits Reckless Driving by speed in Virginia when he:
- drives
- a motor vehicle
- on a highway in the Commonwealth
- more than 20 miles per hour over the posted speed limit or more than 80 miles per hour
Penalties for Reckless Driving by Speed in Virginia
Reckless Driving by speed in Virginia under Va. Code §46.2-862 is a Class 1 misdemeanor. It is punished with jail, fines and court costs, driver’s license suspension, DMV demerit points, and possible enrollment in the Virginia Alcohol Safety Action Program (ASAP). There are also increased penalties for Reckless Driving by speed in Virginia if the offender was texting while driving or committed felony Reckless Driving.
Jail: Reckless Driving by speed in Virginia under Va. Code §46.2-862 is punished with up to 12 months in jail. The higher the driver’s speed, the more likely it is that he will be sentenced to jail time.
Fine and Court Costs: Reckless Driving by speed in Virginia can be punished with a fine up to $2,500. The driver will also have to pay court costs if convicted.
Driver’s License Suspension: A driver’s license can be suspended for 60 days up to 6 months if he is convicted of Reckless Driving by speed in Virginia under Va. Code §46.2-862. The driver may apply for a restricted driver’s license, allowing him to drive to certain places during the period of license suspension.
DMV Demerit Points: The DMV will add 6 demerit points to the driving record of anyone convicted of Reckless Driving by speed in Virginia.
VASAP Referral: If the court believes that the Reckless Driving by speed charge was alcohol or drug-related, it may order the driver to complete the Virginia Alcohol Safety Action Program (Virginia ASAP) (Va. Code §46.2-392).
Texting while Driving: If the offender was texting or emailing during the commission of this offense, he pr she will be fined a minimum of $250 (Va. Code §46.2-868(C)). Texting while Driving is also a separate traffic infraction under Va. Code §46.2-818.2. In some circumstances, a driver can be convicted of both Reckless Driving and Texting while Driving and will have a mandatory minimum fine for both offenses. Click here for more information on Texting while Driving in Virginia under Va. Code §46.2-818.2.
Reckless Driving in Virginia Can Be Punished with Jail
Felony Reckless Driving
Reckless Driving by speed in Virginia can sometimes be a felony. If the offender was driving while suspended or revoked for a moving violation and caused the death of another person as a result of the reckless driving, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony Reckless Driving is punished with up to 5 years in prison, a fine up to $2,500, and driver’s license revocation for 1 year.
Other Consequences of Reckless Driving by Speed in Virginia
There could be many additional, collateral consequences to a driver convicted of Reckless Driving by speed in Virginia. Insurance premiums will likely increase, educational and employment opportunities could be impacted, security clearances could be in jeopardy, and there can be immigration consequences for anyone who is not a United States citizen.