In Virginia, speeding may be a "traffic infraction" or, if serious enough, "reckless driving."
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.
Penalties
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
Reckless Driving
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.
Penalties
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 :
A. Laser speed detection device
B. Radar
C. 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 to 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:
46.2-1078
It is illegal in Virginia:
A. 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 violation of the law. The commonwealth does not have to prove
the device was operative or being operated!
B. 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.
