For anyone who drives on the Commonwealth’s busy highways, from the Beltway of Northern Virginia down to the rural stretches of I-81, there is a fundamental rule that you must internalize: Virginia doesn’t treat speeding like a typical traffic ticket.

It is a crucial, often misunderstood, law that every driver—especially newly licensed teens and out-of-state visitors—must understand. The simple act of excessive speed can immediately elevate a civil infraction into a criminal offense, a Class 1 Misdemeanor. This isn’t just about paying a fine; it’s about a criminal record, potential jail time, and losing your license.

The Two Thresholds: When Speed Becomes Reckless

In Virginia, under Code $462−862, a person is legally guilty of Reckless Driving by Speed if they violate either of two specific conditions:

The 20 MPH Rule:

Driving at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit.

● Example 1 (Low Speed): Driving 56 mph in a 35 mph zone. You are 21 mph over,
making this a misdemeanor.

● Example 2 (Highway): Driving 86 mph in a 65 mph zone. You are 21 mph over,
resulting in the same criminal charge.

The Absolute Speed Rule:

Driving at a speed of in excess of 85 miles per hour, regardless of the maximum speed limit.

● Even if the posted limit is 70 mph, driving 86 mph is a direct violation of the reckless driving statute, even though you are only 16 mph over the limit.

The core lesson here is that you cannot rely on the simple “20 over” metric alone. You must always be acutely aware of that 85 mph absolute ceiling. If your speedometer nudges 86 mph, you have instantly crossed a legal boundary from a mere traffic infraction (a ticket) to a serious criminal charge (a misdemeanor).

The Shocking Penalties of a Class 1 Misdemeanor

In many states, driving 25 mph over the limit is handled with a hefty fine and points on your record. In Virginia, the penalties are far more severe because Reckless Driving is a criminal offense categorized as a Class 1 Misdemeanor

A conviction carries the potential for:

● Jail Time: Up to 12 months in jail.
● Fines: A fine of up to $2,500.
● License Suspension: Loss of your driving privilege for up to six months.
● A Permanent Criminal Record: This is not a traffic ticket that disappears. It results in a permanent criminal conviction on your record, which can impact employment, security clearances, and college applications.
● DMV Demerit Points: Six demerit points are added to your Virginia DMV record.

For new or teenage drivers, the consequences can be particularly harsh. While juvenile courts often have more flexibility, a reckless driving conviction will still require the completion of a driver improvement clinic and can delay a teen’s ability to get a full, unrestricted license. Parents should be aware that insurance rates typically skyrocket by 20% to 50% or more following this conviction.

How to Proactively Avoid a Reckless Driving Charge

While hiring an attorney is the correct step if you are charged, the best defense is always prevention. As a responsible driver in Virginia, you should adopt these practices:

Monitor Your Speedometer, Not Just the Flow of Traffic

Drivers often fall into the trap of “going with the flow,” especially on Interstates like I-95 or I-64. If traffic is moving at 88 mph, you must consciously slow down. The officer will only write the ticket based on your speed, not what the vehicle next to you was doing. The 85 mph ceiling is absolute and non-negotiable.

Understand Your Local Court’s Tendencies

Reckless driving cases are decided by judges, not juries. While the law is state-wide, different jurisdictions and judges can apply the sentencing guidelines with varying degrees of severity. Some courts, especially those in highly populated areas, are known for taking these charges very seriously, often imposing harsher penalties for speeds in the 90s. If your alleged speed is in the high 80s or above, assume the court will treat the matter with the utmost seriousness.

Maintain an Impeccable Driving Record

One of the most effective ways for an attorney to negotiate a reduced charge (often down to a lesser traffic infraction like Improper Driving, which avoids a criminal record) is to present a clean or minimal driving record. If you are convicted of reckless driving, you cannot risk getting future points. Drive defensively, obey all traffic laws, and treat your driving record as an asset. You must fiercely protect.

The Takeaway

Reckless driving in Virginia is a significant legal charge, not a minor fine. The state legislature has criminalized excessive speed to deter dangerous driving. For your financial security, your freedom, and your future career prospects, you must be absolutely vigilant about your speed. Never allow your vehicle’s velocity to exceed the 85 mph threshold, and never be more than 19 mph over the posted speed limit. This vigilance is the single most important step a Virginia driver can take to stay safe and stay out of court.