Are Speeding Tickets A Misdemeanor in Fairfax County, Virginia?
Most speeding tickets in Fairfax County are traffic infractions, not misdemeanors. However, driving 20+ mph over the limit or 85+ mph is charged as reckless driving under Va. Code § 46.2-862, a Class 1 misdemeanor with jail time. Law Offices Of SRIS, P.C. has 1132 documented results in Fairfax County traffic court. Understanding this distinction is critical for your defense.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Virginia Law on Speeding and Reckless Driving
Virginia traffic law distinguishes between simple speeding and reckless driving. Simple speeding is generally a traffic infraction under Va. Code § 46.2-870. A driving offense becomes a criminal misdemeanor when it meets the criteria for reckless driving. Specifically, Va. Code § 46.2-862 defines driving 20 miles per hour or more over the posted speed limit, or in excess of 85 miles per hour regardless of the limit, as reckless driving—a Class 1 misdemeanor. This is not a simple traffic ticket; it is a criminal charge.
Key Government Resources
- Va. Code § 46.2-862 – Official statute for reckless driving by speed.
- Fairfax County General District Court – Official court website for traffic cases.
Fairfax County Court Process for Traffic Charges
In Fairfax County, whether your case is an infraction or a misdemeanor determines the court process. All traffic cases start at the Fairfax County General District Court. For a simple speeding infraction, you may prepay the fine. For a reckless driving misdemeanor charge, you must appear in court. The Commonwealth’s Attorney may consider amending a reckless driving charge to a lesser infraction like improper driving under certain conditions.
- Receive your summons and note the court date at Fairfax County General District Court.
- Consult with a traffic ticket lawyer to review the charges, evidence, and potential defenses.
- Your attorney may file motions or negotiate with the Commonwealth’s Attorney before your hearing.
- Appear for your court date, where your attorney will present your case or any negotiated resolution.
- If convicted in General District Court, you have 10 days to appeal for a new trial in Circuit Court.
Potential Penalties for Speeding and Reckless Driving in Fairfax
In Fairfax County, a standard speeding ticket is an infraction with a fine and points, but reckless driving is a Class 1 misdemeanor with severe penalties.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Speeding (1-19 mph over) | Traffic Infraction | None | $30 – $250+ | 3-4 DMV points | Insurance increase |
| Reckless Driving (20+ over/85+) | Class 1 Misdemeanor | Up to 12 months jail | Up to $2,500 | 6-month suspension, 6 DMV points | Permanent criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Fairfax County Traffic Cases
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to traffic defense. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. In Fairfax County specifically, we have documented 1132 results for traffic matters. Our approach is grounded in a detailed understanding of local court procedures and prosecutor priorities.
Documented Case Outcomes in Fairfax County
Our team has secured favorable results for clients facing serious traffic charges in Fairfax. For example, we have achieved outcomes including suspended jail sentences and reduced fines for charges like driving on a suspended license. In one case, a client facing a second offense of no driver’s license received a 30-day suspended jail sentence. Another case involving driving under a revoked license resulted in a 90-day suspended jail term and a 60-day suspended license suspension. Each case is unique, and our attorneys, including former Virginia State Trooper Bryan Block, work to identify the best strategy.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
Fairfax Location — 4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax County courts. We provide representation for individuals in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We offer 24/7 phone consultations at (888) 437-7747, with meetings by appointment only.
Frequently Asked Questions: Speeding Tickets in Fairfax
Are speeding tickets a misdemeanor in Fairfax County?
No, most standard speeding tickets are traffic infractions, not misdemeanors. However, if you are charged with speeding 20+ mph over the limit or over 85 mph, it is reckless driving—a Class 1 misdemeanor.
When does a speeding ticket become reckless driving in Virginia?
It becomes reckless driving, a misdemeanor, under two conditions in Va. Code § 46.2-862: driving 20 miles per hour or more over the posted speed limit, or driving at a speed of 85 miles per hour or more regardless of the limit. This requires a court appearance.
What should I do if I receive a reckless driving ticket in Fairfax?
You must go to court. Contact a traffic defense attorney immediately. An attorney can review the evidence, such as radar calibration, and may negotiate with the prosecutor to potentially reduce the charge to a non-criminal infraction.
Can I just pay a reckless driving ticket online?
No. Reckless driving is a criminal misdemeanor, not a prepayable traffic infraction. You cannot resolve it by mail or online payment. A court appearance is mandatory.
How long does a reckless driving conviction stay on my record?
A conviction for reckless driving, a Class 1 misdemeanor, creates a permanent criminal record in Virginia. The DMV demerit points remain on your driving record for 2 years, but the criminal conviction does not expire.
For more information, see our Virginia Reckless Driving Lawyer hub page. We also assist clients in nearby areas like Falls Church and Prince William County. If you are facing other charges, explore our services for criminal defense or DUI defense in Fairfax.
Last verified: April 2026. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.