How Much Over The Speed Limit Is Reckless Driving in Fairfax County, Virginia?
In Fairfax County, Virginia, driving 20 miles per hour or more over the posted speed limit, or driving 85 miles per hour or more regardless of the limit, is classified as reckless driving under Va. Code § 46.2-862. This is a serious criminal offense, not a simple traffic ticket. The Law Offices Of SRIS, P.C.
Virginia’s Reckless Driving by Speed Statute
Virginia law specifically defines reckless driving based on speed. The statute creates two distinct thresholds for this serious traffic violation.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Under Va. Code § 46.2-862, a person is guilty of reckless driving if they drive a motor vehicle on any highway in the Commonwealth at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit, or in excess of 85 miles per hour regardless of the posted limit. This law makes no distinction between residential streets and interstate highways; the 85 mph threshold applies everywhere. The firm’s founder, a former prosecutor, has built a practice focused on defending against such serious charges.
Official Legal Resources
For the official text of the Virginia reckless driving statute, refer to the Virginia General Assembly website (Va. Code § 46.2-862). All Fairfax County traffic cases, including reckless driving, are heard at the Fairfax County General District Court.
Local Court Process for a Reckless Driving Defense
In Fairfax County, the General District Court hears all reckless driving cases. Because this is a Class 1 misdemeanor, you cannot simply pay a fine; a mandatory court appearance is required. The Commonwealth’s Attorney may agree to amend the charge before trial, often to improper driving (a traffic infraction with 3 points). Completing a Virginia driver improvement clinic before your court date is often viewed favorably.
- Receive a summons for a court date at the Fairfax County General District Court (4110 Chain Bridge Road).
- Consult with a reckless driving attorney to review the evidence, including the officer’s speed measurement method.
- Your attorney may negotiate with the Commonwealth’s Attorney to seek a reduction to a lesser charge like improper driving.
- If no agreement is reached, your case proceeds to a bench trial before a judge.
- If convicted in General District Court, you have 10 days to file an appeal for a new trial in Fairfax County Circuit Court.
Penalties for Reckless Driving in Fairfax County
In Fairfax County, a reckless driving conviction for speeding carries severe penalties including potential jail time, a large fine, and license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Reckless Driving (20+ over or 85+ mph) | Class 1 Misdemeanor | Up to 12 months in jail | Up to $2,500 | 6-month suspension, 6 DMV points | Permanent criminal record, major insurance increases |
| Improper Driving (Common Reduction) | Traffic Infraction | None | Up to $500 | 3 DMV points, no suspension | No criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience with Traffic Cases
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. The firm’s tagline, “Advocacy Without Borders,” reflects its commitment to client defense. For traffic violations in Fairfax County, this deep institutional knowledge is applied to build strong defenses.
Documented Case Results in Fairfax County
The Law Offices Of SRIS, P.C. has 1,132 documented results for traffic and reckless driving cases in Fairfax County. These results include 199 cases dismissed or found not guilty, and 861 cases reduced or amended to lesser charges.
Results may vary. Prior results do not aim for a similar outcome.
Of Counsel attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, provides invaluable perspective on traffic stops and evidence challenges. His background is frequently leveraged in complex reckless driving defense.
Local Service for Fairfax County Residents
Law Offices Of SRIS, P.C.
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. As a reckless driving attorney near Fairfax, we represent clients from neighborhoods including 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. All meetings are by appointment only.
Frequently Asked Questions: Reckless Driving in Fairfax
Is reckless driving a criminal offense in Fairfax County, Virginia?
Yes. Reckless driving in Fairfax County is a Class 1 misdemeanor under Va. Code § 46.2-862, not a traffic ticket. It carries up to 12 months in jail, a $2,500 fine, a 6-month license suspension, and 6 DMV demerit points.
How much does a reckless driving ticket cost in Fairfax County, Virginia?
Prepayable traffic fines range $30-$250+, but reckless driving is non-prepayable and requires a mandatory court appearance. Court costs are approximately $62. A conviction also results in 6 DMV points, potential license suspension, and insurance increases that can exceed $10,000 over several years.
Can reckless driving be reduced to a lesser charge in Fairfax County?
Yes. In Fairfax County, the Commonwealth’s Attorney may agree to amend reckless driving to improper driving (a traffic infraction with no criminal record and 3 points) or simple speeding. An experienced reckless driving defense attorney can negotiate this outcome.
Do I need a lawyer for a speeding ticket in Fairfax County, Virginia?
If charged with reckless driving (20+ over or 85+ mph), you absolutely need a lawyer as it is a criminal misdemeanor. For simple speeding, an attorney can often negotiate reduced points and fines at Fairfax County General District Court.
What happens at a reckless driving court date in Fairfax County?
Your case at Fairfax County General District Court will be a bench trial. The Commonwealth must prove your speed beyond a reasonable doubt. You can present evidence like calibration certificates. The process from arraignment to trial typically takes 4-8 weeks.
Related Legal Information
If you are facing a reckless driving charge, you may also want to learn about criminal defense in Fairfax County or DUI/DWI defense. For more information on reckless driving across Virginia, visit our Virginia reckless driving hub page. We also assist clients in neighboring areas like Fairfax City and Falls Church.
Last verified: April 2026. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.