Reckless Driving vs. Speeding in Virginia: Is This a Traffic Ticket or a Misdemeanor?

Facing a charge for driving too fast in Virginia can be confusing and scary. You might be asking yourself, “Am I charged with reckless driving or just a speeding ticket?” This is an important question, because in Virginia the difference between a regular speeding infraction and reckless driving is huge. One is a simple traffic ticket that you can prepay; the other is a criminal misdemeanor that can bring serious penalties and a permanent record. We understand how stressful this situation can be, and we’re here to help you understand your charge and your options.

In this article, we’ll explain the difference between reckless driving and speeding in Virginia – including how to tell which charge you have, what Virginia law says (Code § 46.2-862 versus the standard speeding laws), the different penalties and points involved, and what steps you should take next. By the end, you’ll know whether your citation is “just a ticket” or something more serious, and how to protect yourself moving forward.

What Is the Difference Between Reckless Driving and Speeding in Virginia?

The biggest difference is that speeding in most cases is a traffic infraction (a minor violation), while reckless driving is a criminal offense (specifically, a Class 1 misdemeanor) under Virginia law. In practical terms, this means a routine speeding ticket is much less severe than a reckless driving charge:

• Legal Classification: A speeding ticket is a traffic infraction, not a criminal charge. Reckless driving, on the other hand, is a Class 1 misdemeanor, which is a criminal offense (the most serious misdemeanor level in Virginia). A Class 1 misdemeanor is in the same category as crimes like DUI or petty theft – indicating how serious reckless driving is taken in Virginia.
• Threshold for Reckless by Speed: Virginia law (§ 46.2-862) defines reckless driving by speed as driving 20 miles per hour or more over the posted speed limit or driving at a speed over 85 mph, regardless of the speed limit. In other words, if you were going 20+ mph above the limit or above 85 on any road, you can be charged with reckless driving even if it feels like “just speeding.” Speeds below that threshold are typically treated as ordinary speeding infractions.
• Penalties: A simple speeding infraction does not carry jail time and usually results in a fine (often well under $250 for most cases) and DMV demerit points. By contrast, reckless driving (Class 1 misdemeanor) is punishable by up to 12 months in jail and a fine up to $2,500 under Virginia law. Judges rarely impose maximum jail for borderline speeding cases, but the point is that jail is legally on the table for reckless driving – it’s not possible for a normal speeding ticket.
• License & Points: Virginia’s DMV will assess demerit points for both, but reckless driving adds 6 points (the maximum) to your driving record, and the conviction stays on your DMV record for 11 years. Regular speeding tickets typically add fewer points (3 or 4 points for most speeding offenses) and remain on your driving record for a shorter time (commonly 3 to 5 years). Additionally, a judge can suspend your driver’s license for up to 6 months as part of a reckless driving sentence, especially at very high speeds, whereas license suspension is not a standard penalty for a minor speeding infraction.
• Criminal Record: Perhaps the most important difference is the record. A speeding ticket is not a criminal conviction – it’s like a traffic fine and will not show up on criminal background checks. A reckless driving conviction is a criminal conviction that goes on your permanent criminal record. Years down the line, a speeding ticket won’t haunt you (it “falls off” your DMV record after a few years), but a reckless driving conviction will show up if someone runs a criminal record check on you. This can have implications for employment, security clearances, insurance rates, and more. Simply put, reckless driving is not “just a ticket” – it marks you as having been convicted of a crime.

Virginia draws a hard line on extreme speeding. In many states, no matter how fast you were going, a speeding ticket is just an infraction. But in Virginia, once you cross that § 46.2-862 threshold (20+ over the limit or 86+ mph), you’re dealing with reckless driving – a criminal charge. For example, driving 86 mph in a 70 zone might not seem outrageous, but in Virginia it can be charged as reckless driving by speed. The law treats this as endangering others, not merely breaking a traffic rule. That’s why it’s critical to recognize which side of the line your case falls on.

How Do I Know if I’m Charged with Reckless Driving or Speeding?

“Am I charged with reckless driving or just speeding?” It’s a common and very important question. The officer may have told you verbally, but you can also tell from the paperwork (the Virginia Uniform Summons ticket) what you’re actually charged with. Here’s how to figure it out:

1. Check the Charge on the Ticket: Look at your Virginia Uniform Summons (the ticket) for a section labeled “Charge” or “Offense.” This is where the officer writes what you’re being charged with. If it says “Reckless Driving” (sometimes written as “Reckless Driving by Speed” or even abbreviated like “R/D Speed”), and usually notes the alleged speed, then you have been charged with reckless driving – not just a regular speeding ticket. If it simply says “Speeding” or “Speeding Traffic” with the speed (e.g. “Speeding 74/55”), then it’s likely a standard speeding infraction. The wording makes it pretty clear: Reckless Driving versus Speeding.
2. Find the Law Section Number: Next, look at the section labeled “Law Section” or “Code Section” on your ticket. This is the Virginia Code number of the offense. Reckless driving by speed is usually charged under Code § 46.2-862. If you see 46.2-862 on your ticket, that corresponds to the reckless driving statute for speeding. Speeding infractions, by contrast, are typically written under Code sections starting with 46.2-87… (for example, § 46.2-870, 46.2-874, etc., depending on the situation). So, if your code section is in the 46.2-870s range (or a local ordinance equivalent), you’ve got a normal speeding ticket. If it’s 46.2-862 (or possibly 46.2-852 for general reckless driving), then it’s a reckless driving charge.
3. Prepayment and Court Appearance: Another clue is whether the ticket is marked prepayable or not. A speeding ticket (infraction) is usually prepayable, meaning you have the option to pay the fine before the court date and not appear in court (though doing so is an admission of guilt). However, reckless driving is not prepayable – you must appear in court since it’s a criminal charge. On the summons, there’s often a check box or a section with fine amount and instructions for prepayment. If the officer scratched out or marked “X” through the prepayment section, or wrote “Must Appear,” that indicates it’s not a prepayable offense. That is a strong sign you’re facing a reckless driving charge. By contrast, if an amount is listed and nothing is crossed out, it’s likely a speeding infraction that you could prepay if you choose. (Keep in mind, even if a speeding ticket can be prepaid, you always have the right to contest it in court instead of paying – but with reckless driving you don’t have the choice; a court appearance is mandatory.)

Why does it matter? If your ticket shows it’s reckless driving (for example, citing § 46.2-862 and requiring a court appearance), everything changes compared to an ordinary ticket. You are now dealing with a criminal allegation, which means higher stakes: possible jail time, a criminal record, and the need to appear before a judge. If it’s a standard speeding ticket, the matter is generally much less severe – still something to handle responsibly, but not a criminal case.

If you’re still unsure after examining your summons, consider reaching out to a Virginia traffic attorney for clarification. It’s crucial to know exactly what charge you’re facing so you can respond appropriately. Many clients come to us not realizing they were charged with a misdemeanor until we explain the summons to them. Don’t be afraid to ask questions – understanding your situation is the first step toward resolving it.

Penalties and Consequences: Reckless Driving vs. Speeding

Because reckless driving and simple speeding are handled so differently under Virginia law, the potential consequences you’re looking at can be worlds apart. Here’s a breakdown of what you could face:

• Fines: For a routine speeding ticket, fines vary based on how fast you were going, but they tend to be relatively modest. Often it’s something like $$6$ or $$7$ per mile over the limit, plus court costs, with a typical cap around a few hundred dollars. In most ordinary cases, the maximum fine for a speeding infraction is about $250 (not counting special circumstances). In contrast, a reckless driving conviction can carry a fine of up to $2,500 (though not every case will get a high fine; it depends on speed and other factors). The key is that the possible fine for reckless driving is much higher because it’s categorized as a serious offense.
• Jail or No Jail: If you’re dealing with a speeding infraction, jail is not on the table at all – you will not be locked up for a simple speeding ticket. However, with a reckless driving misdemeanor, the court does have the authority to impose jail time (up to 12 months). Jail sentences for reckless driving usually happen in the more extreme cases (for instance, extremely high speeds well over 100 mph, or reckless driving combined with an accident/injuries). But even speeds not far above the threshold can sometimes lead to a short jail stint in certain jurisdictions or circumstances (e.g., 90+ mph on a 55 road might get you a weekend or two in jail in some courts). The bottom line: reckless driving is the only one of the two that even allows a judge to consider putting you behind bars.
• License Suspension: Losing your driving privileges is another consequence that only the reckless driving charge can bring. A judge can suspend your driver’s license for up to 6 months upon a reckless driving conviction, particularly if the speed was very high or the driving behavior was dangerous. With a speeding ticket, your license typically won’t be suspended by a judge for that offense alone. (One exception: if you rack up too many demerit points from multiple tickets, DMV could administratively suspend your license – but a single speeding ticket by itself doesn’t come with an immediate suspension in court.)
• Demerit Points & Driving Record: Virginia’s DMV assigns demerit points for moving violations. Reckless driving adds 6 points, which is the maximum demerit points for any single offense. Those points will remain on your record for two years before they stop counting toward possible DMV sanctions (like driver improvement clinics or suspensions), but the conviction itself stays visible on your DMV record for 11 years because of its severity. Speeding tickets, depending on the speed, carry fewer points – commonly 3 points for 1-9 mph over, 4 points for 10-19 over, and in some cases 6 points for 20+ over (though 20+ is usually charged as reckless, occasionally an officer might reduce a charge to 19 over to avoid reckless). A speeding conviction will typically stay on your DMV record for 5 years or less, depending on the speed. In short, reckless driving hits your driving record much harder and for much longer than a minor speeding ticket.
• Insurance Rates: Both a speeding ticket and a reckless conviction can lead to increased car insurance premiums, but the impact of a reckless driving conviction is often more severe. Insurers see a reckless driving misdemeanor as a big red flag – you may be labeled a high-risk driver, which can cause a sharp jump in your premiums or even cause your insurer to drop you. A single minor speeding ticket, while not good for your insurance, generally results in a more modest rate hike. The more serious the offense (and the more points), the more it can affect your insurance. Expect that a reckless driving conviction could raise your insurance costs dramatically (potentially hundreds more per year), whereas a small speeding ticket might be a smaller bump.
• Criminal Record & Other Consequences: As mentioned earlier, reckless driving is a criminal offense. If you’re convicted, you will have a criminal record. This can have collateral consequences beyond the courtroom: for example, you might have to disclose it on job applications (particularly for government, law enforcement, or any position asking about misdemeanors), and it could affect professional licenses or security clearances. Reckless driving is a misdemeanor, not a felony, but it’s still significant. By contrast, a speeding infraction is not a crime – it won’t show up on a criminal background check. Once you pay it or otherwise resolve it, it’s generally only a matter of driving record points and insurance. Simply paying a speeding ticket will result in a conviction on your driving record, but not on your criminal record.

To sum it up, a reckless driving charge carries far heavier penalties and long-term consequences than an ordinary speeding ticket. Virginia treats reckless driving very seriously because it considers those high speeds or dangerous driving behaviors as a real threat to public safety. It can be a tough lesson for drivers who are used to just paying a fine for speeding – here, the law might be calling you a criminal for the same behavior. If you’re facing a potential reckless driving outcome, it’s important to understand these stakes and plan accordingly (often with the help of legal counsel).

What Should You Do if You’re Charged with Reckless Driving?

If you realize that you’ve been charged with reckless driving (not just a minor speeding ticket), you may be understandably anxious. Being charged with a Class 1 misdemeanor is serious, but it’s not hopeless. Here are some steps and considerations:

• Don’t Ignore the Charge or the Court Date: For a reckless driving summons, you must appear in court on the date given (unless you hire an attorney who can appear for you in certain cases). Failing to show up can result in a warrant for your arrest or a trial in your absence. Take the court date seriously and mark it on your calendar. If it’s a speeding ticket and you’ve decided to prepay, you can resolve it by payment, but with reckless driving that isn’t an option – you or your lawyer have to go to court.
• Consider Consulting an Experienced Traffic Defense Attorney: Given the criminal nature of a reckless driving charge, it’s often wise to hire an attorney who regularly handles these cases in Virginia. A local Virginia reckless driving attorney can evaluate the facts (your speed, the calibration of the radar, your driving history, etc.) and advise on defenses or strategies. They may be able to negotiate with the prosecutor to reduce the charge to a lesser offense (like improper driving or a lower speeding charge) or even get it dismissed under the right circumstances. Remember, a reduction to a speeding ticket can make a world of difference – turning a criminal charge into a mere infraction with lesser penalties. Many people charged with reckless driving have never been in trouble before, and a lawyer can help present mitigating factors (such as a clean record, driver improvement courses, speedometer calibration, community service, etc.) to reduce the impact.
• Prepare for Court: Whether or not you have an attorney, it can help to take proactive steps before your court date. This might include getting your speedometer calibrated (to see if an instrument error could mean you were actually going slightly slower), taking a driver improvement course voluntarily (which can sometimes impress the judge and even give you positive DMV points to offset the negative ones), and gathering any relevant evidence (for example, if there was an emergency that led to your speeding, documentation of it). Showing the court that you are taking it seriously and trying to be a safer driver can only help your case. An attorney will guide you on what steps would be most beneficial in your specific situation.
• Stay Calm and Respectful in Court: If you’ve never been to court before, it’s normal to be nervous. Dress neatly, arrive on time, and address the judge as “Your Honor.” If you have a lawyer, they will do most of the talking for you. If you don’t, be prepared to briefly explain any circumstances and apologize if appropriate. Avoid making excuses that sound like you don’t care about safety; judges want to see that you understand the seriousness of driving recklessly. Often, being polite and contrite can go a long way. Remember, the judge has discretion in sentencing – showing that you’re taking the matter seriously can make them more likely to give you the benefit of the doubt.

For a simple speeding ticket, the above steps are usually not necessary to the same extent. Many people just prepay and take the points, or go to court by themselves to try to get a slight reduction (sometimes the officer might offer to reduce a few mph if you show up). Attorneys can also help with speeding tickets, but it may not be cost-effective to hire a lawyer for a low-level speeding infraction unless you have a specific need (like trying to avoid points due to a commercial license or something). However, for reckless driving charges, having legal representation is highly recommended given what’s at stake.

We’re Here to Help – Call for a Free Consultation

If you’re still unsure what to do or if you’re worried about the impact of a reckless driving charge, you don’t have to face it alone. At NOVA Defenders (S&R Law Firm), we have been defending clients against reckless driving charges and serious traffic offenses in Virginia for over 12 years. Our experienced team has successfully helped many drivers in Northern Virginia and beyond get charges reduced or dismissed, protect their records, and minimize the penalties. We understand that good people can find themselves in this situation – maybe you just had a momentary lapse or didn’t realize the strict laws here. We approach every case with compassion, not judgment.

Our attorneys are professional, yet approachable, and we make it a point to listen to your side of the story. We know that facing a criminal charge for what started as a traffic stop can be overwhelming. Our goal is not only to fight for the best outcome in your case, but also to guide you through the process with empathy and clear advice.

Protect Your Future – Schedule a Free Case Evaluation

Don’t let a reckless driving charge derail your future. Contact our Virginia reckless driving defense team today. We’re ready to stand by your side and help you navigate this challenge, so you can move forward with confidence.

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