Reckless Driving by Speed
Many people are surprised to learn that speeding can be a CRIME in Virginia. Driving more than 20 miles per hour over the posted speed limit or driving more than 80 miles per hour is a form of reckless driving in Virginia (Va. Code §46.2-862). A Virginia reckless driving by speed charge under Va. Code §46.2-862 is NOT a traffic infraction. It is a crime and can be either a misdemeanor or in some circumstances, a felony. This means that a conviction for a Virginia reckless driving by speed charge under Va. Code §46.2-862 will go on a driver’s permanent criminal record (or give a driver a permanent criminal record).
What is Reckless Driving in Virginia?
Reckless driving in Virginia is most often charged as either general reckless driving (Va. Code §46.2-852) or reckless driving by speed (Va. Code §46.2-862). However, there are a number of other traffic offenses in Virginia that are considered reckless driving.
For more information on general reckless driving in Virginia under Va. Code §46.2-852, click here.
For more information on the other forms of reckless driving in Virginia, click here.
Virginia Reckless Driving by Speed Charge
A Virginia reckless driving charge involving an unsafe speed is charged under Va. Code §46.2-862. If a person drives more than 20 miles per hour over the posted speed limit or drives more than 80 miles per hour, regardless of the posted speed limit, he can be charged with the crime of reckless driving in Virginia under Va. Code §46.2-862.
What is the Difference Between Speeding and Reckless Driving by Speed in Virginia?
The difference between the traffic infraction of speeding and a Virginia reckless driving by speed charge (Va. Code §46.2-862) is the likelihood of injury to other users of the road.
Unlike speeding tickets, a driver CANNOT pre-pay a fine for a Virginia reckless driving by speed charge. The driver MUST come to court. Failure to appear in court could result in an ADDITIONAL criminal charge.
Proof of Virginia Reckless Driving by Speed Charge
To convict an offender of a Virginia reckless driving by speed charge under Va. Code §46.2-862, the Commonwealth must prove that the offender exceeded the speed limit by more than 20 miles per hour or drove more than 80 miles per hour.
A person commits the speeding form of reckless driving 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
Drives
The Commonwealth must prove that the offender was driving the motor vehicle to convict him of a Virginia reckless driving by speed charge under Va. Code §46.2-862. This is usually proven through testimony of the officer who initially stopped the driver.
Motor Vehicle
Motor vehicle is defined in Va. Code §46.2-100 as “every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. Except as otherwise provided, for the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.”
Highway
Highway is defined in Va. Code §46.2-100 as “the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated “highways” by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.”
Speed
Police officers use a variety of methods to measure vehicle speed. These include RADAR, LiDAR, microcomputer devices connected to odometer cables, and pacing. Police officers must verify that their speed-monitoring equipment is working properly to convict a driver of a Virginia reckless driving by speed charge under Va. Code §46.2-862. The equipment must also be properly calibrated. An experienced Virginia Reckless driving lawyer can evaluate whether the police complied with the proper procedures.
Speed Limit
Speed LimitIn addition to proving the speed of the driver’s vehicle, the Commonwealth must also prove that the offender drove more than 20 miles over the posted speed limit (or more than 80 miles per hour). To prove a driver’s speed was more than 20 miles per hour over the posted speed limit, the Commonwealth must prove what the posted speed limit was.
Penalties for Virginia Reckless Driving by Speed Charge
A Virginia reckless driving by speed charge under Va. Code §46.2-862 is generally 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 ASAP. There are also increased penalties for a Virginia reckless driving by speed charge if the offender was texting while driving or committed felony reckless driving.
Jail: A conviction for a Virginia reckless driving by speed charge 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 some jail time.
Fines: A driver can be fined up to $2500 if convicted of a Virginia reckless driving by speed charge under Va. Code §46.2-862. The driver will also be required to pay court costs.
Driver’s License Suspension: A driver’s license can be suspended for 60 days up to 6 months if he is convicted of a Virginia reckless driving by speed charge 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. Driving in violation of these restrictions can result in a driving on suspended license charge under Va. Code §46.2-301 (Va. Code §46.2-393(B)). A Commercial Driver’s License (or CDL) holder, however, cannot apply for a restricted license if his license is suspended for a Virginia reckless driving by speed charge under Va. Code §46.2-862.
Click here for more information on driving on a suspended license in Virginia under Va. Code §46.2-301.
DMV Demerit Points: The DMV will add 6 demerit points to the driving record of anyone convicted of a Virginia reckless driving by speed charge.
VASAP Referral: If the court believes that the Virginia reckless driving by speed charge was alcohol-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 using a handheld personal communication device to send or read a text message or email during the commission of this offense, he will be fined a minimum of $250 (Va. Code §46.2-868(C)). Using a handheld communication device to send or read a message is also a separate traffic infraction under Va. Code §46.2-1078.1. It is commonly referred to as texting while driving. In some circumstances, a driver can be convicted of both reckless driving and texting while driving under Va. Code §46.2-1078.1 and will have a mandatory minimum fine for both the texting while driving conviction and the reckless driving conviction.
For more information on texting while driving in Virginia under Va. Code §46.2-1078.1, click here.
Felony Reckless Driving: A Virginia reckless driving by speed charge can sometimes be a felony. If the offender was driving without a valid operator’s license due to a suspension or revocation 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)). This offense is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for 1 year.
Other Consequences of a Virginia Reckless Driving by Speed Conviction
In addition to the immediate penalties resulting from a Virginia reckless driving by speed conviction under Va. Code §46.2-862, there could be many additional, collateral consequences. Insurance premiums will likely increase, educational and employment opportunities could be impacted due to a new criminal record, security clearances could be in jeopardy, and there can be immigration consequences for anyone who is not a United States citizen.
It is important to contact a Virginia reckless driving lawyer as soon as possible to review options for, consequences of, and possible defenses to a Virginia reckless driving by speed charge. If a conviction cannot be avoided, a Virginia reckless driving lawyer can help to obtain the best possible outcome.
Virginia Reckless Driving By Speed Statute
§46.2-862. Exceeding speed limit.