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

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

• Confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. 18.2-11. Punishment for conviction of misdemeanor (virginia.gov); and,
• 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. 46.2-393. Suspension of license on conviction of certain reckless offenses; restricted licenses (virginia.gov).

Aside from jail time, the potential penalty that drivers often worry about the most in a reckless driving case for speeding is a license suspension.  However, a Court does not always impose a license suspension on a driver in a reckless driving case for speeding.  When does that happen?  Keep reading below.

Generally speaking, 30-mph or more over the limit is the threshold for a Court to decide to impose a license suspension on a driver in a reckless driving case for speeding.  If a driver has a poor record (with a negative point balance and/or a recent history of being convicted of traffic offenses), then the Court may impose a license suspension on the driver for speeding less than 30-mph over the limit (such as 25-mph or more over the limit).

What happens when a driver has a license suspension imposed by a Court?  The driver has the ability to request a restricted license be granted by the Court, which would enable the driver to travel to-and-from work, school, their place of religious worship, job interviews, for family-related or medical obligations and a few other purposes.  For more information about a restricted license form, please see the following link: APPLICATION FOR RESTRICTED (vacourts.gov).

Something to keep in mind is that a driver should always try to bring another person (with a driver’s license) to their adjudicatory hearing when a license suspension is on the table as a penalty.  This is because, although a restricted license may be granted by a Court, often times the restricted license will not be in the driver’s possession immediately after their hearing.  So, when they leave Court after the hearing, they technically could be charged with driving on a suspended license if they are pulled over and they do not have the restricted license in their possession yet.

For more information about when jail time may be imposed in reckless driving cases for speeding, please see this article: What makes a reckless driving charge for speeding “jailable”? – Peters Law Firm (peterslawfirmva.com).