Threshold for Reckless Driving in Virginia Increases

Threshold for Reckless Driving in Virginia Increases to 85 Miles-per-Hour

Speeding in Virginia is usually a traffic infraction and is punished with a fine, court costs, and automatic DMV demerit points. Sometimes, though, speeding can be charged as Reckless Driving, which is a crime in Virginia. Many drivers frequently find themselves driving at criminal speeds and don’t even realize the “ticket” they receive is a criminal charge. However, in July 2020 Virginia increased the minimum speed at which drivers can be charged with Reckless Driving.

Threshold for Reckless Driving in Virginia Increases

Previously, a driver could be charged with Reckless Driving in Virginia (Va. Code §46.2-862) for driving 80 miles-per-hour or more, or for driving 20 miles-per-hour or more over the speed limit. The new minimum speed for a Reckless Driving charge in Virginia is 85 miles-per-hour. However, the other part of the statute remains the same, and a driver in Virginia can still be charged with Reckless Driving for driving 20 miles-per-hour or more over the speed limit.

Penalty for Virginia Reckless Driving Charge

Reckless Driving in Virginia is a crime. It is a Class 1 misdemeanor, which is punished with up to 12 months in jail, a fine up to $2,500, and possible driver’s license suspension up to 6 months. The Virginia DMV will also automatically add 6 demerit points to a driver’s record after a Reckless Driving conviction.

Additionally, a conviction will remain on a driver’s permanent criminal record and can never be expunged.

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