Under Virginia Code § 46.2-862. Exceeding speed limit (virginia.gov), a person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.

This means a driver may be charged with reckless driving if it is alleged the driver:

• was speeding 86 mph or more; or
• was speeding 20 mph or more over the posted speed limit.

Either one of these triggers is enough on its own, a driver doesn’t need to meet both conditions to be charged under Virginia’s reckless driving by speed statute.

Penalties for Reckless Driving by Speeding in Virginia

Reckless driving for speeding is a Class 2 Misdemeanor under the Virginia Code, and the penalties that may be imposed for this offense include:

• Jail and fines: Confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. See Virginia Code § 18.2-11. Punishment for conviction of misdemeanor (virginia.gov).
• License suspension: The driver’s license of the person may be suspended by the court for a period of not less than 60 days nor more than six months. See § 46.2-393. Suspension of license on conviction of certain reckless offenses; restricted licenses (virginia.gov).
• DMV demerit points: A conviction also adds points to your driving record, which can affect your license status and insurance rates. See the Virginia DMV’s Points System (dmv.virginia.gov) for how points are assessed and how long they remain on your record.

Reckless Driving vs. a Regular Speeding Ticket

Not every speeding ticket in Virginia rises to the level of reckless driving. A driver going, for example, 10 or 15 mph over the limit on a highway with a 65 mph maximum is typically cited for a traffic infraction — a civil matter resolved with a fine. But once a driver crosses either threshold under § 46.2-862 (20+ mph over the limit, or 86+ mph outright), the charge shifts from a traffic infraction to a criminal misdemeanor, carrying the possibility of jail time and a permanent criminal record, not just a fine.

Frequently Asked Questions About Reckless Driving in Virgina

What speed is considered reckless driving in Virginia?

Under Virginia Code § 46.2-862, a driver can be charged with reckless driving for speeding if they are alleged to have driven 20 mph or more over the posted speed limit, or 86 mph or more regardless of the speed limit.

Can you go to jail for reckless driving in Virginia?

Yes. Reckless driving for speeding is a Class 2 misdemeanor, and under § 18.2-11, a conviction can carry up to twelve months in jail and a fine of up to $2,500, either or both.

Is reckless driving a misdemeanor or felony in Virginia?

Reckless driving for speeding is a Class 2 misdemeanor in Virginia, not a felony. It is still a criminal charge, however, and results in a permanent criminal record if convicted.

Will a reckless driving conviction affect my driver’s license?

Yes. A court may suspend your license for not less than 60 days nor more than six months under § 46.2-393, and the conviction will also add demerit points to your DMV driving record.