Under the Virginia Code, a driver may be charged with reckless driving, a misdemeanor offense, for speeding if it is alleged that the driver was going 86 mph or more, or 20 mph or more over the posted limit. See § 46.2-862. Exceeding speed limit (virginia.gov).

Penalties for Reckless Driving by Speed

Also under the Virginia Code, the penalties that may be imposed for this offense include:

• Confinement in jail for not more than twelve months, a fine of not more than $2,500, or both. See Virginia Code § 18.2-11. Punishment for conviction of misdemeanor (virginia.gov).
• Suspension of the driver’s license by the court for a period of not less than 60 days nor more than six months. See Virginia Code § 46.2-393. Suspension of license on conviction of certain reckless offenses; restricted licenses (virginia.gov).

These penalties are serious, and it is easy to see why they cause concern for anyone facing this charge. Of the two, jail time tends to weigh most heavily on drivers’ minds.

When Does Jail Time Actually Come Into Play?

The penalty that drivers worry about most when charged with reckless driving for speeding is jail time. However, this penalty is not automatic, and it typically is only on the table for what the legal community colloquially refers to as “jailable offenses.” So what pushes a reckless driving case for speeding into that category? Keep reading below.

The general threshold for jail time being imposed by a court in a reckless driving case for speeding is 30 mph or more over the limit, or 90 mph or more. The 30-mph-over threshold is fairly standard across most jurisdictions. The threshold tied to raw speed, however, is jurisdiction specific. Some courts draw the line at 90 mph, while others set it slightly higher, such as 94 or 95 mph. As the alleged speed gets closer to 100 mph, the likelihood of jail time being considered increases. For cases involving 100 mph or more, jail time is almost always a real possibility.

How This Affects a Reckless Driving Case

How does this “jailable offense” classification actually play out in court? If an offense is considered jailable, the driver is generally required to appear in court personally, even if represented by an attorney, unless a waiver of appearance is specifically granted.

The closer the alleged speed is to 100 mph, and especially if it is 100 mph or more, the less likely a court is to grant a waiver of appearance. At 30 mph or more over the limit, it is highly unlikely that a waiver will be granted at all.

In jailable cases, sentencing advocacy often focuses on avoiding active jail time, such as by seeking a suspended sentence rather than an active one, or by requesting alternative sentencing arrangements. Two common examples of alternative sentencing when a court is weighing jail time include:

• Weekend workforce (supervised community service), or
• Weekend jail time with a delayed report date.

These alternatives allow a driver to satisfy the court’s sentence while minimizing disruption to work and family obligations.

Related Reading

For more information on when a license suspension is imposed in reckless driving cases for speeding, see this related article: When Does a Court Impose a License Suspension in Reckless Driving Cases for Speeding? (peterslawfirmva.com).

Frequently Asked Questions

1. At what speed does reckless driving become a “jailable offense” in Virginia?

Generally, jail time becomes a real consideration at 30 mph or more over the posted limit, or when the alleged speed is 90 mph or higher, though the exact threshold for raw speed varies somewhat by jurisdiction.

2. Will I definitely go to jail if I’m charged with reckless driving for speeding?

Not necessarily. Jail time is a possible penalty, not a mandatory one. Many reckless driving cases resolve without any active jail time, particularly with effective sentencing advocacy.

3. Do I have to appear in court in person for a reckless driving speeding charge?

If the offense is considered jailable, you typically must appear in person unless the court grants a waiver of appearance. The closer the alleged speed is to 100 mph, the less likely a waiver will be granted.

4. What is a “waiver of appearance” and can I get one?

A waiver of appearance allows a defendant to avoid attending court in person, often when represented by an attorney. Courts are far less likely to grant this in higher-speed cases, especially at 30 mph or more over the limit.

5. What alternatives to active jail time might a court consider?

Courts sometimes allow alternative sentencing such as weekend workforce (supervised community service) or weekend jail time with a delayed report date, instead of continuous active incarceration.