Reckless Driving Virginia 85 Mph Speed — What Are Your Defense Options?
A reckless driving Virginia 85 mph speed charge under Va. Code § 46.2-862 is a Class 1 misdemeanor carrying up to 12 months in jail, a $2,500 fine, and a 6-month license suspension. Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented traffic case results. Our defense team challenges radar calibration, officer observation, and speedometer accuracy to seek reductions or dismissals.
Statutory Definition of Reckless Driving at 85 MPH
In Virginia, reckless driving is not a simple traffic ticket; it is a criminal misdemeanor offense. The specific statute for speed-based reckless driving, Va. Code § 46.2-862, makes it illegal to drive 20 miles per hour or more over the posted speed limit or in excess of 85 miles per hour regardless of the limit. This means that even on a highway with a 70 mph limit, driving 86 mph can result in a reckless driving charge. The law treats this as a serious criminal driving offense, not a minor infraction.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the exact language of the law, refer to the Va. Code § 46.2-862 (official Virginia General Assembly website). Court procedures and local rules can be found on the Virginia Judicial System website.
Local Court Process for a Reckless Driving Virginia 85 Mph Speed Charge
Your case will begin in the General District Court for the jurisdiction where the alleged offense occurred. A conviction here can be appealed for a new trial in Circuit Court. In many courts, prosecutors have standard negotiation policies for first-time reckless driving offenses. An experienced reckless driving attorney can often negotiate to reduce the charge to improper driving, a traffic infraction with no jail risk.
- Receive Your Summons: You will get a court date, usually 1-2 months from the citation. A reckless driving charge requires a mandatory court appearance; you cannot prepay it.
- Consult a Lawyer: Contact a defense attorney immediately to review the evidence, such as the officer’s notes and calibration records for the radar/LIDAR device.
- Court Appearance: Your attorney will appear with you, enter a plea, and present arguments or negotiate with the prosecutor before trial.
- Trial or Resolution: The case may proceed to a bench trial before a judge or be resolved through a plea agreement to a lesser charge.
- Sentencing: If convicted, the judge will impose sentence, which may include jail, fines, driver improvement clinic, and license suspension.
- Appeal (if convicted): You have 10 days to appeal a General District Court conviction to Circuit Court for a completely new trial.
Potential Penalties for Reckless Driving at 85+ MPH
In Virginia, a reckless driving Virginia 85 mph speed conviction is a Class 1 misdemeanor with penalties including jail, fines, and license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Reckless Driving (≥85 mph) | Class 1 Misdemeanor | Up to 12 months in jail | Up to $2,500 | Mandatory 6-month suspension | 6 DMV demerit points, permanent criminal record, increased insurance rates |
| Improper Driving (Reduction) | Traffic Infraction | None | Up to $500 | No suspension | 3 DMV demerit points |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Traffic Violation Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand that a reckless driving charge is a serious matter that requires a focused and strategic defense.
Documented Case Results
Our firm has achieved favorable outcomes in traffic cases across Virginia. While specific results depend on unique case facts, our firm-wide record shows 4,739+ documented results with a 93%+ favorable outcome rate. This includes charges reduced from reckless driving to improper driving, cases dismissed due to evidentiary issues, and appeals won in Circuit Court.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Traffic Defense Lawyers
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 across Virginia. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only. Contact us for a case review regarding your reckless driving Virginia 85 mph speed charge or other traffic violation.
Frequently Asked Questions (FAQs)
Is driving 86 mph automatically reckless driving in Virginia?
Yes. Under Va. Code § 46.2-862, driving in excess of 85 miles per hour is reckless driving per se, regardless of the posted speed limit.
Can I go to jail for a reckless driving Virginia 85 mph speed charge?
Yes. Reckless driving is a Class 1 misdemeanor with a maximum penalty of 12 months in jail. While jail is not automatic for a first offense at a low speed over 85 mph, it is a legal possibility the judge can impose, especially at higher speeds or with aggravating factors.
Should I hire a reckless driving attorney for an 85 mph ticket?
It is highly advisable. A conviction has severe consequences, including a criminal record and license suspension. A skilled attorney can examine the evidence for flaws, negotiate for a reduction to a non-criminal traffic offense, and present mitigating factors to the judge, which can significantly impact the outcome.
What is the difference between reckless driving and speeding?
Speeding is generally a traffic infraction with a fine and points. Reckless driving is a criminal misdemeanor with potential jail time, larger fines, mandatory license suspension, and a permanent criminal record. The 85 mph threshold is one of several ways a speed can be classified as reckless.
Can I appeal a reckless driving conviction?
Yes. If convicted in General District Court, you have an absolute right to appeal to the Circuit Court within 10 days. The appeal triggers a completely new trial where the prior conviction is erased. An appeal bond is typically required.
Internal Resources
For more information, visit our Virginia Traffic Lawyer hub page. If you are in a specific locality, see our pages for Fairfax County reckless driving defense or Fairfax City traffic lawyer. For related legal issues, consider theft defense in Virginia.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.