Change to Reckless Driving in Virginia

On July 1, 2020, a major change was implemented concerning the definition of reckless driving by speed in Virginia.  Before that date, reckless driving was defined as operating a motor vehicle in excess of 80 miles per hour.  The July law change changed that number to 85 miles per hour.

The Reckless Driving by Speed statute now reads:

  • 46.2-862. Exceeding speed limit.

“A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.”

There is also a General Reckless Driving statute in Virginia, which was unaffected by the July 1 law change:

  • 46.2-852. Reckless driving; general rule.

“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

Reckless driving is still classified as a misdemeanor in Virginia.  It is a 6 point violation on your Virginia driving record and the violation will stay on your record for 11 years.  The maximum penalties from the court include a maximum $2,500.00 fine, 6 month license suspension, and up to 12 months in jail.

If you have questions about a Reckless Driving charge in Richmond, Henrico, Chesterfield, Powhatan, Hanover or the surrounding counties, please contact the attorneys of Winslow & McCurry, PLLC at (804)423-1382 or email us at