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Virginia Reckless Driving By Speed Charges

There are many things that the Commonwealth has to prove after charging you for driving recklessly, even for speeding. Therefore, it is beneficial to have an experienced reckless driving attorney in Virginia on your side defending you against the charges you face once you are finally in court.

Because reckless driving is a criminal charge, it is imperative that you obtain the appropriate representation from an experienced Virginia reckless driving attorney rather than any other lawyer. Any other attorney will not understand the laws surrounding reckless driving, and therefore will be unable to defend you properly. For more information on reckless driving by speed in Virginia, see the below information.

Reckless Driving by Speed in Virginia

According to Virginia Code Section 46.2-852, reckless driving includes driving at a speed that puts others in danger or driving in a certain way that puts others in danger, and is punishable as a Class 1 misdemeanor. There are multiple different ways that individuals can be charged with speed-related reckless driving charges.

Driving Over The Speed Limit

According to Virginia Code Section 46.2-862, you can be charged with driving over the speed limit in two instances:

  • If you drive a car or other motor vehicle on a highway at a speed that exceeds the speed limit by 20 miles per hour or more.
  • If you drive a car or other motor vehicle on the highway at a speed over 80 miles per hour regardless of the speed limit.

Driving Too Fast For Road Conditions

According to Virginia Code Section 46.2-861, you can be charged with driving too fast if the speed you drive your car or other motor vehicle at exceeds the reasonable speed under the circumstances, such as rainy weather, and traffic conditions. Here, you can be charged regardless of the speed limit as well.


According to Virginia Code Section 46.2-865, you can be charged with racing if you race against one or more other cars or motor vehicles on the highway, on a driveway or on the premises of a church, school or other type of property that is open to the public.

The penalties associated with speeding are serious, ranging from fines to suspension or loss of license to confinement. Racing comes with additional penalties as well.

Speak with an Experienced Reckless Driving Attorney

If you have been charged with reckless driving by speed, then a knowledgeable Virginia reckless driving attorney from our firm can help prepare you for court and keep you educated and informed along the way with consistent, coherent communication.

He or she can also defend you from speeding charges in court, as the prosecution has to prove the following with the facts and testimony they present to the judge:

  • That you, not someone else, was driving over the speed limit
  • That you were driving on the highway in the relevant county or city
  • That the radar or LIDAR gun used to test your speed was calibrated recently and correct

Contact our Virginia law offices and speak with a member of our friendly legal team. They will conduct your free initial consultation and gather the information necessary to help us understand your needs.

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