VA Code 46.2-878: Speeding Fines, Points, and Reckless Driving

Under Virginia speeding laws, the base fine is $6 for every mile per hour you exceed the posted limit, a conviction adds three to six demerit points to your record for two years, and going 20 mph or more over the limit — or anything above 85 mph — becomes reckless driving, a Class 1 misdemeanor. Penalties climb quickly once court costs, insurance increases, and criminal exposure enter the picture, and the state treats certain violations far more seriously than drivers from other states expect.

What a Speeding Ticket Actually Costs

Virginia’s Uniform Fine Schedule sets a base fine of $6 per mile per hour over the limit for standard speeding infractions where prepayment is allowed, meaning you can pay without appearing in court.1Virginia Code Commission. Virginia Code 46.2-878.3 – Prepayment of Fines for Violations of Speed Limits Going 10 over is $60 in base fine. Fifteen over is $90.

That number is misleading on its own. Court costs and processing fees get added on top, and those administrative charges can easily rival or exceed the fine itself. The larger hit usually comes from insurance. Industry data suggests a single ticket for 11 to 15 mph over raises premiums roughly 22% on average, which can mean $500 or more per year in additional costs, and that increase typically lasts three to five years depending on the insurer. A $90 fine can quietly become a $2,000 problem.

Demerit Points and Your Driving Record

Virginia’s DMV assigns three, four, or six demerit points to your record for a speeding conviction, depending on how far over you were.2Virginia Department of Motor Vehicles. Moving Violations and Point Assessments The points stay active for two years from the date of the offense.3Virginia Department of Motor Vehicles. The Points System

Points and convictions run on separate clocks. The conviction itself stays on your record longer than the points do, and if your license gets suspended or revoked, convictions can remain visible even longer than the standard retention period. Your insurer also runs its own internal point system that has nothing to do with DMV points, so a conviction that has aged off the DMV’s active record may still be raising your premium.2Virginia Department of Motor Vehicles. Moving Violations and Point Assessments

Accumulating too many points can trigger a mandatory driver improvement clinic, and further violations can lead to probation or suspension. On the other side, you earn one safe driving point for every calendar year with a valid license and no violations, and you can earn up to five bonus points by voluntarily completing a driver improvement course.

When Speeding Becomes Reckless Driving

This is the trap that catches out-of-state drivers. Under Virginia Code § 46.2-862, you are guilty of reckless driving if you travel 20 mph or more over the applicable speed limit, or if you exceed 85 mph regardless of the posted limit.4Virginia Code Commission. Virginia Code 46.2-862 – Exceeding Speed Limit Doing 86 in a 70 zone on an interstate is not a traffic ticket. It is a Class 1 misdemeanor, the same classification Virginia uses for offenses like DUI and assault.

The exposure is real:

  • Jail time up to 12 months
  • Fine up to $2,500
  • License suspension up to six months
  • A misdemeanor conviction that shows up on background checks

Judges have wide discretion, and many first-time offenders at the lower end of the range avoid jail. But the criminal record piece is what makes this charge disproportionately damaging compared to an infraction. It can affect employment, security clearances, and professional licensing in ways an ordinary ticket never would.

Work Zones, School Zones, and Safety Corridors

Speeding through an active highway work zone carries its own penalty under § 46.2-878.1: a fine of up to $500, separate from the standard per-mile-over schedule.5Virginia Code Commission. Virginia Code 46.2-878.1 – Maximum Speed Limits in Highway Work Zones; Penalty The enhanced penalty applies when workers are present and the zone is marked with appropriate signs displaying both the speed limit and the penalty.

Virginia also designates certain stretches of road as “highway safety corridors,” where the fine for any moving violation is doubled and an additional $51 processing fee applies.6Virginia’s Judicial System. Uniform Fine Schedule – Part Three B Traffic Infractions and Uniform Fine Schedule

School zones carry reduced limits during designated hours, marked by signs and often flashing lights that show when the lower limit is active. Violations in a school zone can carry enhanced fines and additional demerit points. Temporary speed reductions imposed during severe weather, flooding, or other emergencies are fully enforceable even though they differ from the permanent posted limit.

What Speeding Means If You Hold a CDL

Commercial driver’s license holders face a separate track of federal consequences. Federal regulations classify going 15 mph or more over the limit as an “excessive speeding” violation, treated as a serious traffic offense for CDL purposes.7Federal Motor Carrier Safety Administration. If a CDL Holder Was Convicted of One Excessive Speeding (15 or More Miles Over the Speed Limit) Violation in a CMV It doesn’t matter whether you were in a commercial vehicle or your personal car at the time.

A second serious traffic violation within three years results in a 60-day disqualification from operating any commercial motor vehicle. A third serious violation in that same window extends the disqualification to 120 days.8eCFR. Subpart D – Driver Disqualifications and Penalties For a professional driver, a 60-day disqualification can mean job loss.

Federal law also requires you to notify your employer within 30 days of any traffic conviction. If the conviction happens in a state other than the one that issued your CDL, you must also notify your licensing state’s DMV within that same 30 days.9eCFR. Subpart C – Notification Requirements and Employer Responsibilities

Fighting the Ticket in Court

Speeding cases are heard in the General District Court for the locality where the violation occurred. That court handles traffic infractions and misdemeanors, including reckless driving charges.10Virginia Court System. General District Court

A standard speeding ticket and a reckless driving charge are fundamentally different proceedings. A regular speeding ticket is a traffic infraction, similar to a civil case. Reckless driving is a criminal charge, which means the Commonwealth’s Attorney must prove the offense beyond a reasonable doubt and you have the right to a court-appointed attorney if you can’t afford one. Lumping the two together is how people underestimate reckless charges.

Common defense strategies include challenging the accuracy of the speed measurement, questioning whether the officer’s equipment was properly tested, and raising problems with signage. NHTSA’s own training materials specify that radar devices should be tested at the beginning and end of every shift using tuning fork tests, internal circuit checks, and light tests. If an officer skipped those steps or can’t produce documentation, the reading becomes vulnerable to challenge.11National Highway Traffic Safety Administration. Radar Instructor Manual The NHTSA manual also draws a sharp distinction between “function tests” that officers perform in the field and true “calibration,” a more involved process. Officers who testify that they “calibrated” their radar may be using the term loosely, and that imprecision can matter in court.

Judges have discretion to uphold the charge, reduce it to a lesser offense, or dismiss it entirely. In reckless driving cases, a reduction to simple speeding eliminates the criminal record and potential jail time. That is often the most realistic goal when the evidence of speed is strong.

Appealing a Conviction

If you’re convicted in General District Court, you can appeal to the Circuit Court for a completely new trial. The deadline is 10 days from conviction, and missing it forfeits the right to appeal. The Circuit Court trial is de novo, meaning the case starts from scratch, often before a jury if you want one for a reckless driving charge. Nothing from the first trial carries over. For a plain infraction, the costs and time may outweigh the benefit unless the points or insurance impact is substantial.

If You Ignore the Ticket

Ignoring a speeding ticket does not make it go away. If you fail to pay or appear on your scheduled date, the court can issue a summons ordering you to appear or, in more serious cases, a warrant for your arrest. The court may also report the failure to Virginia’s DMV, which can affect your driving privileges and vehicle registration.12Central Violations Bureau. What Happens If I Don’t Pay the Ticket or Appear in Court An outstanding bench warrant can complicate future traffic stops, job applications, and interactions with law enforcement in other states. Pay the fine or show up to contest it.