What Is Considered Speeding in Virginia?
Although many people think speeding tickets are not a big deal, that doesn’t mean the speeding offense is not serious. Exceeding a posted speeding limit can, in some cases, result in criminal charges.
According to Virginia traffic law, if there are no posted speed limits, the automatic default speed is 25 mph in residential and business areas. On secondary roads bringing with #600 and above, the default speed limit is 55 mph.
Failure to follow the posted speed limit would subject a driver to a speeding ticket. Speeding tickets are punishable by a demerit point system governed by the Department of Motor Vehicles (DMV) and associated fines. The number of points depends on how fast one was driving.
Speeding vs. Reckless Driving in Virginia
To be found guilty of reckless driving, the Commonwealth of Virginia must prove that an individual was driving a vehicle on a highway recklessly or “in a manner so as to endanger the life, limb, or property of any person.”
Driving at any speed over the speed limit is a “ticketable” offense in Virginia, but police do not pay much mind to anyone driving below 5 mph over the limit.
In general, driving 20 miles per hour or more over the applicable maximum speed limit, or driving over 85 miles per hour regardless of the speed limit, may lead to a reckless driving charge. For example, driving 75 mph in a 55 mph zone can be considered reckless driving.
Virginia Speeding Tickets and Demerit Points
Every traffic infraction in Virginia is associated with a certain number of demerit points.
- If the driver is driving between 1 and 9 mph over the posted speed limit, they would receive three points.
- Four-point violations may include:
- Speeding 10–19 mph above the speed limit
- Reckless driving
- Failing to stop before entering a highway
- According to the Virginia DMV, speeding 20 mph or more over the posted speed limit can be a six-point traffic violation.
Accumulating too many points over a short period could also result in your driver’s license being suspended. Gaining safe or positive points reduces demerit points.
In case of a conviction, minor violations often remain on the driving record for 5 years, while reckless driving may remain for 11 years.
Penalties for Speeding in Virginia
Unlike most speeding offenses, reckless driving is a criminal offense that results in jail time. Additionally, a reckless driving conviction can seriously impact the defendant’s career if driving is part of their job duties.
Since reckless driving is a Class 1 misdemeanor, it will result in a permanent criminal record if convicted.
The penalties for reckless driving include:
- Spending up to 12 months in jail
- Fines of up to $2500 and court costs
- Driver’s license suspension of up to six months
- Increase in auto insurance rates
Those charged with driving at 90 mph or faster may even receive an additional two days in jail for every mph over 90 that they were driving. Speeding over 100 mph would be even more severely penalized.
Virginia’s Enhanced Work Zone Speeding Penalties
Virginia imposes enhanced penalties for motorists who exceed speed limits in designated work zones. Under Virginia Code § 46.2-878.1, these penalties aim to protect construction workers.
Speeding in a work zone can carry a mandatory fine of up to $500. Work zone speeding violations may also add 4 demerit points to your driving record, which can remain for five years.
New Virginia Speeding Ticket Fines
The Commonwealth of Virginia takes speeding tickets very seriously. For example, a speeding ticket amount increases by $6 per mile over the speed limit. This fee increases to $7 per mile over the limit if the infraction was made in a work or a school zone and $8 per mile exceeded in residential areas. An additional $200 can also be included.
When Legal Help May Matter
A Virginia traffic lawyer can help you fight speeding tickets or reckless driving charges and help you understand the long-term impact of points, fines, and insurance consequences.
Do You Need a Speeding Lawyer in Virginia?
Hiring a speeding lawyer can be beneficial for your case. Consulting with an experienced attorney after getting a traffic ticket or being charged with reckless driving means you will have someone on your side who can explain the legal ramifications of that particular traffic offense in the long run.
Whether you need a lawyer experienced in dealing with Virginia’s speeding laws, Attorneys Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC can help you defend your rights.
Reach out to us so we can schedule a confidential case assessment.
