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Many people are surprised to learn that speeding can be a CRIME in Virginia that can result in JAIL time. This can be a misdemeanor or a felony charge that will remain on your criminal record and CAN NOT be expunged.
Don't Let a Speeding Ticket Give You a Criminal Record!
One major issue with this type of case is most people are not aware that this is a class one misdemeanor. One that you would need to disclose to future employers and will show up on any background check. This could possibly jeopardize security clearances for government jobs or any job that runs a regular background check. This charge can also carry immigration consequences for anyone who is not a United States Citizen. When the officer issues this charge you could get a ticket just like any other infraction. Reckless driving 46.2-862
- A person drives
- A motor vehicle
- On a highway of the Commonwealth
- At a speed of 20 miles per hour in excess of the speed limit, or
- In excess of 80 miles per hour regardless of the maximum speed limit.
Scenarios when you can have this charge issued:
- If you are going 46 in a 25 mph zone.
- If you are going 81 mph even in a zone with a posted speed limit of 70 mph.
- If you are going 76 mph in a 55 mph zone.
The consequences of a conviction can include:
- A fine of up to $2,500.
- Incarceration of up to 12 months.
- A criminal record
A suspension of your driver's license, for between 60 days or 6 months. But the driver may apply for a restricted operator license which will allow for you to drive in a very limited capacity. Driving in violation of these restrictions can result in additional charges under §46.2-301. If you hold a Commercial Driver's License (CDL) holder, you CAN NOT apply for a restricted license if his license is suspended for a Virginia reckless driving by speed under Va. Code §46.2-862.
The DMV will add 6 demerit points on the driving record if you are convicted of a Virginia reckless driving by speed charge. This is not a legal consequence but instead, an administrative response, handled by the DMV.
If the court believes that the reckless driving by speed was alcohol-related, it may order the driver to complete the Virginia Alcohol Safety Action Program (Virginia ASAP). (Va. Code §46.2-392).Texting while Driving: If the offender is using a handheld personal communication device to send or read a text message or email during the commission of the offense, he will be fined a minimum of $250 (Va. Code §46.868(C)). This charge can also be separately charged under §46.862.
Felony Reckless Driving by Speed
Charged under 46.2-868(B): This charge can be rendered if:
- The offender was driving without a valid operator’s license due to suspension or revocation for a moving violation and
- caused the death of another person as a result of reckless driving.
- This offense is punished with up to 5 years in prison, a fine of up to $2,500, and driver’s license revocation for 1 year.
Virginia Code § 46.2-862. Exceeding the speed limit. A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.