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Reckless Driving by Speed in Fairfax
A Fairfax summons citing Virginia Code § 46.2-862 is a criminal reckless driving charge. The speed thresholds are 20 mph or more above the limit, or more than 85 mph regardless of the limit. Exactly 85 in a 70 meets neither threshold; 85 in a 65 meets the first. We can help you understand the charge, review the speed evidence and prepare for your court date.
At a glance
- The line: 20 mph or more over the limit, or more than 85 mph regardless of the limit (§ 46.2-862). Exactly 20 over meets it.
- Classification: Reckless driving is ordinarily a Class 1 misdemeanor under § 46.2-868, with up to 12 months in jail, a $2,500 fine, or both. Statutory felony exceptions have different penalties.
- License: Suspension, restricted driving and Intelligent Speed Assistance have different requirements. A qualifying conviction with a finding above 100 mph triggers the ISA-or-suspension rule described below.
- Virginia DMV: A reckless-by-speed conviction carries six demerit points and 11-year conviction retention. The points count for two years from the offense date; a criminal court record is separate.
- Court: Most adult Fairfax County misdemeanor cases begin at General District Court, 4110 Chain Bridge Road. Reckless driving cannot be prepaid. Follow the court, date and time on your summons.
What Counts as Reckless Driving by Speed
Section 46.2-862 concerns driving a motor vehicle on a Virginia highway at either prohibited speed. The Commonwealth must prove the charged offense, including the driver, speed and applicable limit where relevant. Light traffic does not erase the numerical thresholds. Driving 60 in a 40 or 75 in a 55 is exactly 20 over; 86 in a 70 exceeds 85 even though it is only 16 over.
Section 46.2-861 addresses a speed unreasonable for highway and traffic conditions, which can be below the posted limit in bad weather. Section 46.2-852 covers driving on a highway recklessly or in a manner that endangers life, limb or property. These are separate offenses with different proof and license consequences. Our Fairfax County reckless driving page covers the broader charge; our reckless driving versus speeding guide explains why the actual charge written matters even when the speed could support either.
What Changes as the Speed Goes Up
Speed alone does not set a mandatory jail term for an ordinary § 46.2-862 conviction. The evidence, driving history, collision or injury, and other case facts matter. Higher speeds also make the current ISA provisions important. The alleged offense date matters when deciding which version of the law applies.
- Under § 46.2-393(A), the court may suspend a Virginia license for 60 days to six months for a § 46.2-862 conviction. Subsection B permits restricted driving for good cause and specified purposes. Under subsection C, the court may instead order 60 days to six months in ISA for good cause.
- If the court finds that a person convicted under § 46.2-862 drove more than 100 mph, subsection C requires ISA enrollment unless the court orders suspension under subsection A. Under § 46.2-507, ISA requires a restricted license and certified devices on vehicles owned by or registered to the participant; the participant cannot drive an unequipped vehicle. Participation has costs unless indigency relief applies. It does not erase DMV points or authorize commercial-vehicle driving. Our guide to Virginia’s Intelligent Speed Assistance law explains the program.
- For a qualifying conviction involving an unlicensed driver or a nonresident, subsection A directs the court to prohibit driving in Virginia for 60 days to six months. Review the conviction and order with counsel; home-state licensing consequences require separate advice.
Insurance, work and security-clearance effects depend on the applicable rules and circumstances, not simply the fine. Raise those concerns early. Our Fairfax reckless driving penalties page explains the broader consequences.
How the Speed Was Measured
We look at how the officer measured your speed, how the vehicle was identified and whether the equipment was tested on time. Section 46.2-882 allows a qualifying calibration or accuracy certificate, or a true copy, to be used as evidence. Testing for radar, lidar and the other non-photo devices covered by the statute is valid for no more than six months. The Commonwealth may also offer other admissible proof of accuracy, so we review the records alongside the officer’s evidence.
A test of your own speedometer answers a different question: what the dashboard displayed compared with your actual speed. We consider any discrepancy alongside the officer’s measurement. Our guides to radar, lidar and pacing and speedometer calibration explain what each type of evidence can tell us.
Fairfax County Court and Your Appearance
Most adult misdemeanor cases arising in Fairfax County begin in Fairfax County General District Court, 4110 Chain Bridge Road, Fairfax, VA 22030. The Traffic Division clerk’s office is Room 106, not a trial courtroom. Herndon, Vienna and Fairfax City have separate court locations; follow the summons rather than assuming every Fairfax-area ticket goes to Chain Bridge Road. Reckless driving cannot be prepaid under § 16.1-69.40:1. Virginia’s Online Case Information System can help locate a case and hearing date.
We will discuss whether we can ask the court to excuse your appearance. Until we confirm that permission, plan to attend on the date shown on your summons. Our Fairfax County reckless driving page explains court day, and our first offense page addresses the questions that come with a clean record.
How We Handle a Fairfax Speed Case
We start by listening to what happened and what concerns you most, whether that is jail, your license or the effect on your work. Then we review your summons, driving record and the evidence behind the alleged speed. We explain what we find, help you prepare and keep you informed through the court date and the result. Benjamin Schaefer has practiced law since 2010, and Ryan Rambudhan has represented people accused of crimes since 2013.
Our flat fees for reckless driving generally range from $1,000 to $2,500; some cases involving an accident, active jail exposure or a license suspension may cost more. We tell you the fee before you hire us. Court fines and costs are separate. Our cost of a reckless driving lawyer page explains the fee and scope.
Frequently Asked Questions
Is 15 over the speed limit reckless driving in Virginia?
Not from being 15 over alone. Both thresholds must be checked: 85 in a 70 is neither 20 over nor above 85. Other reckless-driving provisions can still apply to unsafe conduct. Read the actual charge and the alleged speed rather than assuming every speeding ticket is a misdemeanor.
Is 20 over reckless driving in Fairfax?
Exactly 20 mph over meets § 46.2-862’s numerical threshold. The offense actually charged still matters: an officer may write ordinary speeding even where the speed could support reckless driving.
What happens if I was going over 100 mph?
For a § 46.2-862 conviction with a finding of more than 100 mph, § 46.2-393(C) requires ISA unless the court orders suspension under subsection A. That does not itself set a mandatory jail term; other facts and charges can change the analysis.
Can I prepay a reckless driving by speed ticket?
No. Section 16.1-69.40:1 excludes reckless driving from prepayment. Prepare for court and plan to attend unless counsel confirms court permission excusing your appearance.
I was under the speed limit in bad weather. Is that reckless driving by speed?
Not merely because the speed was unsafe for the weather. Section 46.2-862 requires a numerical speed threshold. A speed unreasonable for conditions can instead support § 46.2-861, and other conduct may implicate general reckless driving. The actual section charged determines what must be proved.
How much does a Fairfax reckless driving by speed lawyer cost?
Our flat fees for reckless driving generally range from $1,000 to $2,500; some cases involving an accident, active jail exposure or a license suspension may cost more. We tell you the fee before you hire us, and court fines and costs are separate.
Talk With a Fairfax Reckless Driving Lawyer
At NOVADefenders, our office is in Fairfax, and reckless-driving cases are a regular part of our work in the county courthouse. Send us a photo of your summons and let us know what worries you most. We will explain the charge, the next steps and our proposed fee. For an ordinary speeding infraction, our Fairfax traffic tickets page addresses payment and court options.
Call 703.273.6431 at any hour and you will speak with a real person. The consultation is free, and you can also contact us online.
Reviewed by attorney Ryan Rambudhan | Updated October 16, 2026