In Virginia, reckless driving by speed is much more than a traffic ticket — it’s a criminal offense. If you were caught speeding 20 over the limit or driving over 85 mph, you could be facing a Class 1 misdemeanor charge. This is especially common on roads like I-66, I-95, I-495, Route 28, Fairfax County Parkway, and Route 50, all heavily patrolled and known for speed enforcement.
What is Reckless Driving by Speed?
Under Virginia Code § 46.2-862, you can be charged with reckless driving if you are:
- Driving 20 mph or more over the posted speed limit
- Driving over 85 mph, regardless of the speed limit
This is a common charge on major Fairfax roads including I-66, I-95, I-495, Route 28, Fairfax County Parkway, and Route 50.
Penalties for Reckless Driving in Fairfax
- Up to 12 months in jail
- Fines up to $2,500
- License suspension up to 6 months
- 6 demerit points on your DMV record
- A permanent criminal record
Can Reckless Driving be Reduced to Speeding?
In many cases, yes — especially if you take steps to show the court you take this seriously. This process is called mitigation.
Mitigation Strategies for Reckless Driving in Fairfax County
Depending on the evidence and your circumstances, we may discuss the following before court. Confirm the appropriate program and preparation with your attorney:
- Driver Improvement Course (online or in-person)
- Reckless & Aggressive Driving Program (commonly recommended in Fairfax)
- Community service appropriate to your circumstances
- Research paper on reckless driving dangers
- Obtain your driving record (clean history helps)
Why You Need a Fairfax Reckless Driving Attorney
Reckless driving is a criminal offense — not just a traffic infraction. Walking into Fairfax Traffic Court alone could lead to fines, a suspended license, or worse. An experienced reckless driving lawyer knows how to challenge speed evidence, negotiate reductions, and present mitigation effectively.
Internal Resources
- Reckless Driving vs. Speeding in Virginia
- Understanding Reckless Driving Penalties
- Fairfax Reckless Driving and Traffic Defense
Frequently Asked Questions About Reckless Driving by Speed
What speed is reckless driving in Fairfax County?
Driving 20 mph or more above the applicable limit or above 85 mph meets the speed threshold in § 46.2-862. The Commonwealth must still prove the charge.
Is reckless driving a criminal charge?
Yes, reckless driving is a Class 1 misdemeanor, the same level as DUI.
Can reckless driving be reduced to speeding?
With strong mitigation and experienced representation, yes — reductions are possible.
Do I need a lawyer for reckless driving?
Yes, especially in Fairfax where courts take reckless driving very seriously.
Call Dischley Law for Experienced Reckless Driving Defense
Don’t let a reckless driving charge ruin your record. Whether you were stopped on I-495, I-95, I-66, Route 28, Fairfax County Parkway, or Route 50, Dischley Law can help. Call now or request a consultation online.
Call: 703-215-9337
Request a Consultation
About Dischley Law Attorneys
At Dischley Law, PLLC, our experienced attorneys have spent years representing clients in Fairfax County and across Northern Virginia. David Dischley and Patrick O’Brien are former prosecutors. Shalev Ben-Avraham is a former Senior Assistant Public Defender. Those backgrounds inform how we review the evidence and prepare a defense. Whether you’ve been charged with reckless driving by speed, DUI, or any other serious offense, we fight to protect your rights, your record, and your future.
Our attorneys regularly appear in Fairfax County General District Court, and we have successfully defended clients charged with reckless driving on I-66, I-95, I-495, Route 28, Fairfax County Parkway, and Route 50.
Contact Dischley Law Today to schedule a consultation and learn how we can help you navigate your case.
For an overview of evidence review, court locations, and consultation preparation, visit our Fairfax reckless driving and traffic lawyers page. Each case requires its own assessment; past results do not predict future outcomes.