Speeding Ticket in Virginia

If you’ve received a speeding ticket in Virginia, you might be wondering what comes next. Should you pay the fine, fight the ticket, or appear in court? Are there criminal consequences? Will your license or insurance be affected?

The answers depend on several key factors, primarily how fast you were going, where the violation happened, and whether you’ve had prior offenses. Virginia law treats some speeding violations as simple infractions, but others as criminal offenses.

Call the American Lawyers Group today to get your speeding ticket cleared! 
Understand the Type of Violation

Was It an Infraction or a Crime?

Under Virginia law, not all speeding tickets are the same.

• Basic Speeding (e.g. 10–15 mph over the limit): This is a traffic infraction governed by § 46.2-870 through § 46.2-878.1. These are civil violations.

• Reckless Driving by Speed: Under § 46.2-862, if you were:

• Driving 20 mph or more over the speed limit, or

• Driving over 85 mph, even in a 70 mph zone

• Then you were likely charged with reckless driving, a Class 1 misdemeanor, not a simple ticket.

“A person shall be guilty of reckless driving who drives… (i) 20 miles per hour or more over the limit or (ii) in excess of 85 miles per hour regardless of the limit.” — § 46.2-862

Step 2: Read the Summons Carefully

The ticket will tell you: 

• The court date

• Whether your appearance is required
   

Can You Prepay? 

Under § 46.2-944, most speeding tickets (infractions) can be prepaid online or by mail. However, prepaying is the same as pleading guilty, and you will receive demerit points and possibly higher insurance rates. 

“Prepayment of the fine and costs shall be deemed a waiver of court appearance and an admission of guilt.” — § 46.2-944 

If the box for “must appear” is checked—or if the ticket says reckless driving—you must appear in court. 

Step 3:  Check Your Speed and Zone 

Your options depend on where and how fast you were driving: 

1. a) Regular Roads 

Speed limits are set under: 

• § 46.2-870 – 55–70 mph on highways

• § 46.2-874 – 25 mph in business or residential areas

• § 46.2-873 – 25 mph in school zones

1. b) Work Zones 

Per § 46.2-878.1, speeding in work zones (even without workers present) carries a fine up to $500. 

Step 4:  Decide Whether to Fight the Ticket 

If you were charged with: 

• Driving more than 20 mph over the limit  

• Driving 85+ mph

• Speeding in a school or work zone

…you may want to contest the charge in court. Fighting a ticket is your legal right and may help you avoid: 

• A criminal record

• DMV points

• License suspension or insurance increases
   

Step 5:  Explore Legal Defenses Under Virginia Code 

You may raise legal challenges based on procedural or evidentiary issues: 

1. a) Radar or LIDAR Calibration 

If the officer used radar or LIDAR, the device must have a valid calibration certificate under § 46.2-882. 

“No such device shall be used unless it has been calibrated or tested within the past six months.” — § 46.2-882 

Request to see the certificate in court. If it’s missing, expired, or improperly completed, the reading may not be valid. 

1. b) Speed Limit Signage 

Under § 46.2-878, speed limits must be posted clearly. If you can show the signage was missing, blocked, or not visible, you may argue that the speed limit wasn’t enforceable. 

1. c) Officer’s Estimation 

If no radar or speed-measuring device was used, and the officer relied on visual estimation, you may argue the evidence is insufficient or imprecise. 

Step 6:  Understand the Penalties 

Depending on your charge, penalties can include: 

1. a) For a Simple Speeding Infraction: 

• Fines: Usually $6 per mph over the limit (e.g., 10 mph over = $60)

• Additional penalties:  

• $200–$250 extra in school or work zones (§ 46.2-873, § 46.2-878.1)

• DMV demerit points:

• 3 points for 1–9 mph over

• 4 points for 10–19 mph over

• 6 points for 20+ mph over
   

1. b) For Reckless Driving (Class 1 Misdemeanor): 

Under § 18.2-11, you face: 

• Up to 12 months in jail

• Up to $2,500 fine

• License suspension up to 6 months (§ 46.2-392)
   

Step 7:  Track Your DMV Record 

The Virginia DMV assigns demerit points for all moving violations under § 46.2-489. Accumulating too many points in a short time can trigger: 

• Driver improvement clinics  

• License suspension (especially for minors)  

“The Commissioner shall assign demerit points… based on severity of the offense.” — § 46.2-489 

Tip: You can request a copy of your driving record through the DMV to check your current point status. 

Step 8:  Consult Legal Counsel (if needed) 

If you are charged with reckless driving or have prior violations, it’s wise to consult a traffic or criminal defense attorney. A lawyer may help: 

• Reduce the charge to a simple infraction  

• Dismiss the case based on faulty radar  

• Avoid license suspension or a criminal record
   

Step 9:  Consider Traffic School or Mitigation 

For minor infractions, the court may offer: 

• Driver improvement programs to reduce demerit points  

• Deferred findings