Traffic Infraction If the charge is one mile an hour to nineteen miles an hour over the speed limit, then a conviction is a traffic infraction.
Speeding offenses in Virginia should be taken seriously and can add up if not addressed properly.
a. Per the Rules of the Supreme Court of Virginia, a fine of $3.00 per mile over the limit.
b. D.M.V. demerit points:
1-9 mph over = 3
10-19 mph over = 4
Code Section 46.2-861
Driving too fast for highway and traffic conditions. A person is guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time regardless of any posted speed limit.
Code Section 46.20-862
Exceeding the speed limit (20 mph+ or 80 mph+). A person shall be guilty of reckless driving who drives a motor vehicle on the highways of the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable speed limit where the applicable speed limit is thirty miles per hour or less; (ii) sixty miles per hour or more, in excess of the application maximum speed limit where the applicable maximum speed limit is thirty-five miles per hour; (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable maximum speed limit is forty miles per hour; or (iv) in excess of eighty miles per hour regardless of the applicable speed limit.
Reckless driving is a Class 1 misdemeanor. The maximum punishment is 12 months in jail and a fine of up to $2,500.00. The license may be suspended for 6 months. Note that the court has the discretion to issue a restricted license (i) to and from work (ii) during work (iii) to and from school, upon a written verification or (iv) medically necessary travel.
D.M.V. demerit points = 6
Determining your speed
The speed of any motor vehicle may be determined by:
Laser speed detection device
Microcomputer device physically connected to an odometer cable and both measures and records distance traveled and elapsed time to determine the average speed of a motor vehicle.
In Virginia, evidence by any of these means is accepted as prima facia evidence of the speed of the motor vehicle in any court. This means, unless rebutted by the defendant, it establishes guilt in any speeding case.
If questions arise as to the accuracy or calibration of any speed detection device a certificate, or true copy thereof, showing the calibration or accuracy of the speedometer of any vehicle or tuning fork employed for calibrating or testing the device is admissible as evidence of the facts stated therein. No calibration or testing of such device shall be valid for longer than six months.
Radar detection devices:
Code Section 46.2-1078
It is illegal in Virginia:
To operate a motor vehicle equipped with a radar detection device. To use any radar detection device on any motor vehicle on any highway. To sell a radar detection device in Virginia.
The device may be taken by an arresting officer if needed as evidence but shall be returned when no longer needed to the owner or, at his expense, mailed to him. Note: the mere presence in or on a motor vehicle of a detection device is prima facia evidence of a violation of the law. The commonwealth does not have to prove the device was operative or being operated!
A person is not guilty of a violation if the device had no power source or was not readily accessible for use by the driver or any passenger in the vehicle.
D.M.V. demerit points = None
Habitual offender? Learn more here…