How Much over the Speed limit is a Felony in Virginia?

In Virginia, exceeding the posted speed limit is generally treated as a traffic infraction. However, overspeeding can rise to the level of a criminal offense when it meets the threshold for Reckless Driving, which attracts a Class 1 Misdemeanor charge under the Virginia Code. According to the code, specifically under § 46.2-862, an individual may be cited for Reckless Driving if they were observed going at:

• 20 mph or more in excess of the applicable maximum speed limit, or
• Over 85 miles per hour, regardless of the applicable maximum speed limit.

Common speeding violations and their classifications in Virginia:

Driving over the speed limit generally results in a fine of $6 per mile per hour. In school or work zones, it increases to $7 per mph over the speed limit and $8 per mph in residential districts, plus an additional $200 penalty. Court costs are typically added to these fines.

Is Speeding a Felony in Virginia?

Virginia law generally classifies speeding as a civil traffic infraction. Nonetheless, excessive speeding in Virginia is often prosecuted as a criminal misdemeanor (Reckless Driving) rather than a civil infraction. However, felony charges may apply to excessive speed driving in Virginia due to aggravating factors such as:

• Injury or death to a third party (vehicular manslaughter)
• Evading police with reckless driving
• Specific instances of reckless driving (e.g., driving with a revoked license that causes death)

Can a Speeding Ticket Become a Felony in Virginia?

A standard speeding ticket in Virginia is typically a civil traffic infraction or a Class 1 Misdemeanor (Reckless Driving). However, a speeding incident can escalate to a felony based on context and consequences:

• Causing Serious Injury or Death: If reckless driving, often involving excessive speed, unintentionally causes another's death, it can be vehicular involuntary manslaughter (Virginia Code § 18.2-36.1), a Class 5 felony. Serious bodily injury can also lead to felony charges in specific scenarios.
• Driving at Extreme Speeds: While not a standalone felony, speeds over 85 MPH or 20 MPH over the limit are automatically reckless driving (Virginia Code § 46.2-862), a Class 1 Misdemeanor. Such extreme speeds significantly increase the likelihood of more severe charges if other aggravating factors exist.
• Street Racing: If racing results in serious injury to a non-participant or causes a fatality, it becomes a Class 6 felony (Virginia Code § 46.2-865.1).
• Evading Police: Attempting to elude law enforcement at high speeds that endangers others can lead to felony eluding charges (Virginia Code § 46.2-817), typically a Class 6 felony.
• Driving with a Suspended/Revoked License causing death: If a driver causes a death due to reckless driving while their license is suspended or revoked for a moving violation, this can also result in a Class 6 felony.

It's crucial to understand that contextual elements can significantly alter legal consequences even without these extreme outcomes.

Types of Speeding Tickets in Virginia: Infraction, Misdemeanor, or Felony

Infractions

In Virginia, most speeding violations are treated as traffic infractions, which are non-criminal offenses. These include driving slightly above the posted speed limit, typically resulting in fines and demerit points on a driver's license. Jail time is not a penalty for infractions. However, driving 20 mph or more over the limit, or over 85 mph, can elevate the offense to a criminal charge.

Misdemeanors

Speeding may be charged as a Class 1 misdemeanor in Virginia if it qualifies as reckless driving under Virginia Code § 46.2-862. This includes:

• Driving 20 mph or more over the posted speed limit
• Driving over 85 mph, regardless of the limit
• Participating in street racing
• Speeding while evading law enforcement

A reckless driving conviction can result in up to 12 months in jail, a fine of up to $2,500, and a license suspension of up to six months.

Felonies

While rare, a speeding-related offense may be charged as a felony in Virginia if it results in serious bodily injury, death, or involves multiple prior offenses. For example, reckless driving that causes a fatal crash may be prosecuted under involuntary manslaughter laws, which carry penalties of 1 to 20 years in prison and a permanent felony record.

Penalties for Felony Speeding Tickets in Virginia

Speeding in Virginia is classified as a traffic infraction. It carries both a processing fee and fines that vary depending on how far above the speed limit the driver was traveling. The base fine is typically calculated per mile over the posted speed limit, with increased penalties in designated areas. Specifically:

• $6 for each mile per hour over the speed limit, and
• $7 for each mile per hour over the speed limit when the violation occurs in a work zone or school crossing, as outlined in VA Code § 16.1-69.40:1 and the Virginia Uniform Fee Schedule.

In addition to monetary penalties, drivers may face administrative consequences through the Virginia Department of Motor Vehicles' uniform demerit points system, established under VA Code § 46.2-492, which can impact license status and insurance rates.

How Long Does a Speeding Ticket Stay on Your Record in Virginia?

In Virginia, the duration of a speeding ticket on a driver's official record varies based on the offense's severity. While demerit points typically become inactive after two years, the conviction itself can persist longer and may also appear in Virginia traffic court records, depending on how the case was handled.

A speeding ticket stays on one's record for 5 years in Virginia. Most speeding violations stay on a DMV record for five years. However, more serious offenses, such as reckless driving or speeding 20+ mph over the limit, remain for 11 years. Insurance companies may have lookback periods of 3 to 10 years, potentially impacting premiums beyond DMV point expiration.

Can a Speeding Ticket Be Expunged from Your Record in Virginia?

Most speeding tickets in Virginia are not eligible for expungement from a driving record. Under Virginia Code § 19.2-392.2, expungement is generally reserved for criminal charges that were dismissed, resulted in a not guilty verdict, or were nolle prossed.

Since most speeding violations are civil infractions, they cannot be expunged through the court system. Even if the court dismisses a speeding ticket, the violation may still appear on the driver's Virginia DMV record for a set retention period, usually 5 years for minor speeding and 11 years for reckless driving convictions.

However, Virginia offers options to mitigate the impact of a speeding ticket. Eligible drivers may attend a Virginia DMV-approved driver improvement clinic to earn safe driving points, offset demerit points, or fulfill court-ordered requirements. While this does not erase the violation, it may reduce the long-term effects on insurance rates and license status. Additionally, insurance companies in Virginia often apply a 3- to 5-year lookback period, meaning older citations may no longer affect premiums once they fall outside that window.