Virginia Speeding Tickets: Everything You Need to Know
Were you recently stopped for speeding and issued a Virginia speeding ticket? At Andrew Flusche, Attorney at Law I regularly work with clients who come to me and say, “I got a speeding ticket in Virginia,” and do not know what penalties they are facing or how to fight Virginia speeding ticket fines.
Getting a VA speeding ticket can be a very serious offense, especially when your speeding ticket is actually for reckless driving. Indeed, you could be facing criminal misdemeanor charges after speeding in the state.
This article will tell you everything you need to know about Virginia speeding ticket fines, including how an attorney can help with your case.
Your Guide to Virginia Speeding Tickets
Jump-to the Virginia speeding ticket information you need:
Overview of Virginia Speeding Laws and Penalties
Speeding is a serious offense in Virginia, and Virginia speeding laws can result in severe penalties. Not only can you end up paying a substantial monetary fine, but you could also end up with a misdemeanor conviction on your record if your speeding ticket is actually a reckless driving charge.
Speeding tickets come with significant financial penalties in Virginia, and the total cost of a speeding ticket typically depends upon how fast you were driving and whether you were speeding in a School Zone, Work Zone, Residential Zone, or another type of restricted area.
Virginia speeding ticket fines often increase for each mile driven over the speed limit.
The number of miles driven over the speed limit also affects the number of demerit points associated with your ticket. If a driver sustains a certain amount of demerit points, that driver’s license can be suspended or revoked.
Whether you are an out-of-state driver or a Virginia resident, you should always talk to a Virginia traffic defense lawyer about your case. Even if you know you were speeding, I may be able to help get your charges reduced.
In particular, when you are facing reckless driving charges, I may be able to raise certain mitigating factors so that you are no longer facing a misdemeanor offense.
I offer free consultations, and I have years of experience handling a wide variety of traffic defense cases.
Did you receive a ticket for speeding in Virginia? Contact my office now for free answers
How to Calculate Your Speeding Ticket Fine
Speeding is an offense that is taken very seriously in Virginia. As such, you can end up having to pay a hefty fine if you are issued a speeding ticket in VA.
It is important to remember that the cost of a speeding ticket fine is relatively easy to calculate based on the information contained in your citation.
The cost of your speeding ticket usually depends upon where you were speeding, and how many miles per hour over the speed limit you were driving. Virginia Code 46.2-870 and subsequent statute sections provide information about the maximum speed limits in the state.
The following are typical costs associated with Virginia speeding fines:
- Speeding in general in a passenger vehicle: $6 for every mile per hour over the maximum speed limit;
- Speeding in a School Zone: $7 for every mile per hour over the speed limit;
- Speeding in a Work Zone: $7 for every mile per hour over the speed limit; and
- Speeding in a certain Residential Zone: $200 plus an additional $8 for every mile per hour over the speed limit.
If you are cited for speeding in a Highway Safety Corridor, you can face a double fine. In addition, it is important to remember that a citation for driving 20 miles per hour or more over the speed limit will result in a reckless driving charge (Virginia Code 46.2-868).
This means that the cost of your speeding ticket fine will include not just financial penalties, but also the costs of having a misdemeanor criminal conviction on your record.
A first offense for reckless driving will result in a misdemeanor offense and a mandatory minimum fine of $250 (but it could be more).
With a reckless driving offense, you are required to pay a fine every year for three years.
In addition to these costs listed above, you will also have to pay court costs for a conviction. Costs vary depending upon which county your ticket is in, but it is usually about $64 for speeding.
If you are facing more than one citation, you will need to pay an additional fee for each additional charge.
How Virginia’s Demerit Point System Works
Virginia operates on a “demerit” system in which drivers are assessed demerit points for every moving violation. Every speeding ticket in Virginia will result in 3, 4, or 6 demerit points being assessed.
Demerit points stay on your record for two years. These points can impact your auto insurance rates and, if you get too many demerit points, can result in your driver’s license being suspended or revoked.
The following is how most demerit points are assessed:
- Speeding fewer than 10 miles per hour (i.e. 1 mile per hour to 9 miles per hour) over the posted speed limit: 3 demerit points;
- Speeding anywhere from 10 miles per hour to 19 miles per hour over the posted speed limit: 4 demerit points; and
- Speeding 20 miles per hour or more over the posted speed limit: 6 demerit points.
How to Tell If Your Speeding Ticket is Actually Reckless Driving
A Virginia speeding ticket fine is usually straightforward, but it can be difficult to know whether you are actually facing reckless driving charges after getting stopped and cited for speeding.
I frequently work with clients who want to fight a speeding ticket, and they do not realize that they have actually been charged with reckless driving. To be clear, in Virginia (Virginia Code 46.2-862), reckless driving is charged in either of the following situations:
- Driving at a speed of 20 miles per hour or more beyond the maximum speed limit; or
- Driving in excess of 80 miles per hour regardless of the maximum speed limit.
As such, if you were driving in an area with a posted speed limit of 45 miles per hour at a speed of 65 miles per hour, your speeding ticket could actually be a reckless driving charge.
At the same time, you can be charged with reckless driving even if you are not traveling at 20 miles per hour or more beyond the maximum speed limit if you are driving at a speed of over 80 miles per hour.
For example, if you are driving on a Virginia highway with a maximum speed of 70 miles per hour and you are stopped for traveling at 85 miles per hour (15 miles per hour beyond the maximum speed limit) you could still be facing a reckless driving charge.
The ticket itself should tell you if you are charged with simple speeding or with reckless driving. If you see “862” in the “law section” blank on the ticket, that is reckless driving by speed.
How Do I Know Whether I Should Fight My Ticket?
For nearly all drivers, it is worth your time to speak with an experienced Virginia traffic lawyer about your case. Even if I cannot have your ticket or case dismissed, there may be mitigating factors that I can use to reduce your charges.
To be clear, I regularly help clients facing speeding tickets and reckless driving charges to reduce the charges or have their cases dismissed.
You may have a legitimate defense, or you may have strong mitigating factors that can result in your charges being reduced. It is always worthwhile to speak with me about your case to learn more about whether you may be able to fight your ticket.
What Are My Defenses If I Do Choose to Fight My Ticket?
There are numerous defenses in Virginia speeding ticket cases, and I can work with you to build a strong defense that is tailored to the facts of your case. For example, I may be able to argue any of the following mitigating factors in order to have your charges reduced or dismissed:
- You have a history of good driving, and this is the first offense;
- There was a defect in your speedometer, and as a result, you did not realize you fast you were driving;
- There was a defect or misuse of the radar device used to clock your speed, and you were not actually traveling as fast as the radar indicated; or
- You had a legitimate emergency, and you were speeding because of that emergency.
These are just some of the defense strategies or mitigating factors that may exist in your case.
Recent Case Result: Serious Speeding Ticket Dismissed Due to Hearsay
(Cases depend upon unique facts. Past cases do not guarantee future outcomes.)
THE STORY:
When Randy called us for his ticket, he had a problem. Randy has a CDL, and he couldn’t afford to be convicted. The deputy had cut Randy some slack: instead of writing the ticket for reckless driving by speed, the deputy just wrote it for simple speeding. But it was still a speeding 20+ ticket, which would put 6 points on Randy’s driving record.
We went to work to find a defense for Randy’s case. Randy told us that he was riding with three other motorcycles on the day of the ticket, but only Randy was ticketed. That seemed fishy, so our firm got access to the dash and body camera footage to see what happened.
The videos revealed that the deputy really could only identify Randy by the helmet color that passed by. And another deputy actually stopped Randy and obtained key statements from Randy about his position in the group.
CASE OUTCOME:
We plead not guilty in court, and the ticketing deputy tried to testify about what the other deputy told him. We objected due to hearsay – which means one person normally can’t just tell the court what another person said – and the judge agreed. The ticketing deputy couldn’t identify Randy as the speeder beyond a reasonable doubt, so the judge tossed the case.
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What If I Am an Out-of-State Driver?
I often work with clients who are out-of-state drivers cited for speeding in Virginia. Whether you live in another nearby state or were visiting Virginia from another country, you should know that you can hire a local Virginia speeding ticket lawyer who can appear on your behalf.
To be clear, you do not need to return to Virginia in order to handle your speeding ticket. I can also handle many reckless driving tickets with you coming back, but for some higher-speed reckless driving cases, you may need to appear.
I have worked with numerous out-of-state drivers and can help with your case in Virginia while you remain in your own state or country of residence.
How Much Will It Cost Me to Hire a Speeding Ticket Lawyer?
The cost to hire a speeding ticket lawyer in Virginia can vary, but I offer a flat rate for clients in traffic defense cases. This means that you will know immediately how much your case will cost. I also offer a free consultation.
Contact Attorney Andrew Flusche to Discuss Your Virginia Speeding Ticket
If you recently received a speeding ticket in Virginia or are facing reckless driving charges, you should not wait any longer to speak with an experienced and aggressive Virginia traffic defense attorney.
I have years of experience advocating for clients who have been cited for speeding and reckless driving, and I am often able to have the charges dismissed or reduced. Contact Andrew Flusche, Attorney at Law today for more information and to get started on your case.
