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When does speeding become reckless driving in Virginia?

On Behalf of | Jul 23, 2026 | Traffic Offenses |

A traffic stop can have more serious consequences when an officer charges you with reckless driving instead of ordinary speeding. In Virginia, reckless driving is a criminal offense that may affect your license, insurance costs, employment and education. Understanding the allegations on that summons can help you prepare for the court process.

When speed can lead to reckless driving

The state may charge you with reckless driving based on speed if you:

  • Drive 20 mph or more above the applicable speed limit
  • Drive more than 85 mph, regardless of the posted speed limit

Although speed is one basis for the offense, the law also covers racing, failing to stop for a school bus when required and other conduct that endangers another person or property.

What penalties can follow a conviction?

Speed-based reckless driving is usually a Class 1 misdemeanor, Virginia’s most serious misdemeanor category. Although the outcome depends on the circumstances, possible penalties include:

  • A jail sentence of up to 12 months
  • A fine of up to $2,500
  • A license suspension of 60 days to six months

This type of conviction also adds six demerit points to your driving record. The points remain active for two years, while the conviction generally stays on your Department of Motor Vehicles (DMV) record for 11 years.

What to do after receiving a summons

Check the summons for the speed the officer listed, the law you are accused of violating, your court date and whether you must appear in court. Document the road, traffic conditions, weather and signs you remember from the stop, and keep the summons with any related records.

Why the exact charge matters

Because Virginia recognizes several forms of reckless driving, the specific law listed on your summons can determine what prosecutors must establish in court. A qualified attorney can evaluate whether the evidence supports the charge, identify procedural or factual issues and explain your options before the hearing.