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What is Virginia violation 46.2 862?

§ 46.2-862. A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.



Virginia Code § 46.2-862 is the state's specific statute for Reckless Driving by Speed, which is a serious criminal offense rather than a simple traffic infraction. Under this law, a person is guilty of reckless driving if they are caught driving (i) 20 miles per hour or more in excess of the posted speed limit, or (ii) in excess of 85 miles per hour regardless of the speed limit. In Virginia, this is classified as a Class 1 Misdemeanor, which is the same level of criminal offense as a DUI or assault. The potential penalties are severe: up to 12 months in jail, a fine of up to $2,500, and a mandatory driver's license suspension of up to six months. Furthermore, a conviction results in six demerit points on your DMV record and a permanent criminal record that can affect employment and security clearances. As of July 1, 2026, Virginia has also introduced a new mandatory penalty for those convicted of speeding over 100 MPH, requiring the installation of an "intelligent speed assistance system" or an extended license suspension.

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