Reckless Driving by Speed Lawyer Virginia — What Is Your Best Defense?
Virginia classifies reckless driving by speed as a Class 1 misdemeanor under Va. Code § 46.2-862, carrying up to 12 months in jail, a $2,500 fine, and a 6-month license suspension. Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results defending clients against excessive speed charges.
Virginia’s Reckless Driving by Speed Statute
In Virginia, you can be charged with reckless driving for exceeding the speed limit by 20 miles per hour or for driving 85 miles per hour or more, regardless of the posted limit. This is defined under Va. Code § 46.2-862. Unlike a simple speeding ticket, this charge is a criminal misdemeanor, not just a traffic infraction. A conviction creates a permanent criminal record.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to the Virginia Code § 46.2-862 (reckless by speed). Court procedures and local rules can be found on the Virginia Court System website.
Defending an Excessive Speed Charge in Virginia
Virginia prosecutors treat reckless driving by speed charges seriously, especially in high-volume courts. An effective defense often involves scrutinizing the method of speed measurement, the officer’s calibration records, and the specific circumstances of the stop. For an excessive speed charge defense lawyer Virginia, the goal is to prevent a misdemeanor conviction on your record.
- Contact a Virginia traffic defense attorney immediately after receiving the summons.
- Your attorney will obtain and review the evidence, including the officer’s notes and calibration records for radar/LIDAR devices.
- Your lawyer will appear with you or on your behalf at the General District Court arraignment.
- Based on the evidence, your attorney will negotiate with the prosecutor for a reduction or present a defense at trial.
- If convicted in General District Court, your attorney can file an appeal for a new trial in Circuit Court within 10 days.
Potential Penalties for Reckless Driving by Speed
In Virginia, reckless driving by speed carries severe penalties as a Class 1 misdemeanor, with outcomes varying based on speed, record, and jurisdiction.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Reckless Driving (≥20 over or ≥85 mph) | Class 1 Misdemeanor | Up to 12 months jail | Up to $2,500 | 6-month suspension, 6 DMV points | Permanent criminal record, increased insurance rates |
| Improper Driving (Common Reduction) | Traffic Infraction | None | Up to $500 | 3 DMV points | No criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Virginia Traffic Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to every case. We have handled 4,739+ documented case results across our practice areas with a 93%+ favorable outcome rate. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how these cases are built and challenged.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results
Our firm-wide track record includes 4,739+ documented results with over 93% favorable outcomes. In traffic defense, specific results include dismissals and reductions of reckless driving by speed charges. For example, we have secured dismissals for charges like “77/55” reckless driving in Accomack County.
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Traffic Defense Lawyers Near You
Our Fairfax location is centrally located to serve clients across Northern Virginia and beyond. We represent drivers in courts statewide. As your local speeding reckless driving lawyer Virginia resource, we offer 24/7 phone consultations.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
Phones 24/7/365. Office by appointment only.
We serve communities across Virginia, including Fairfax, Arlington, Richmond, Virginia Beach, and all points in between.
Reckless Driving by Speed in Virginia: FAQs
Do I need a lawyer for a reckless driving by speed ticket in Virginia?
Yes. Reckless driving by speed is a Class 1 misdemeanor in Virginia, not a simple ticket. It carries potential jail time, a large fine, and a permanent criminal record. A lawyer can seek a reduction to a non-criminal offense.
What is the difference between speeding and reckless driving by speed in Virginia?
It depends on your speed. Exceeding the limit by 1-19 mph is generally a traffic infraction. Driving 20+ mph over the limit or 85+ mph regardless of the limit is reckless driving, a criminal misdemeanor under Va. Code § 46.2-862.
Can a reckless driving by speed charge be reduced?
Yes, it is often possible. A common favorable outcome is a reduction to “improper driving” under Va. Code § 46.2-869, which is a traffic infraction with no jail time and no criminal record. Success depends on the facts and your attorney’s skill.
Will I go to jail for a first-time reckless driving by speed offense?
It is possible but not automatic for a first offense. The law allows up to 12 months. Judges consider your speed, driving record, and circumstances. An attorney’s primary goal is to avoid jail time, often by seeking a reduction or presenting mitigating evidence.
How long does a reckless driving conviction stay on my record?
A conviction for reckless driving by speed is a permanent Class 1 misdemeanor on your criminal record in Virginia. It does not expire or get sealed automatically. The DMV points remain on your driving record for 2 years.
What should I do immediately after being charged?
1. Do not ignore the summons. 2. Contact a Virginia traffic defense lawyer. 3. Avoid discussing the case details with anyone but your attorney. 4. Your lawyer will review the evidence and plan your defense strategy for court.
Related Legal Information
If you are facing a traffic charge, you may also want to learn about Virginia traffic defense generally. For charges in nearby areas, see our pages for Fairfax County reckless driving lawyers and Fairfax City reckless driving lawyers. For other legal needs in Virginia, consider Virginia Beach criminal defense or Virginia Beach DUI defense.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your reckless driving by speed charge.