Speed Trap: How driving through Virginia could land you in more trouble than you knew
Imagine this scenario. You’re on the interstate in Virginia heading to work, racing traffic to get to the airport, or just driving through on I-495. You figure it will be safe to go with the flow of traffic, or you assume that driving not more than 10 mph over the speed limit will make you immune to being pulled over. But you’re wrong.
Whether you see it or not, the posted speed limit on Virginia’s interstates is usually 55 mph in the DC Metro area. Once you hit 77 mph, you’ve committed a jailable offense. On I-80 and farther down on I-95, the posted speed limit is 70 mph. If you pass 80 mph, you’ve also committed a crime.
In the Commonwealth of Virginia, these offenses are not your normal speeding tickets, and they don’t simply carry a fine.
Here’s why.
Reckless driving traffic tickets are serious in Virginia
In Virginia, you can be charged with “reckless driving” if you speed, not just if you run over curbs, weave, or drive in a generally reckless way. According to Virginia Code Section 46.2-862, you can be charged with reckless driving if you drive 20 mph or more over the posted speed limit or if you drive over 80 mph.
Unlike Maryland where you might get slapped with a fine for speeding, in Virginia, the penalties can be much harsher. Reckless driving in Virginia is a class one misdemeanor. This means that the maximum penalty for a conviction is up to one year in jail and/or a $2,500 fine. A person’s driver’s license can even be suspended for up to six months upon conviction.
Also, you must personally appear in court to answer for this charge. You cannot pre-pay this ticket, and if you don’t show up, the judge may issue an arrest warrant.
Maryland and DC drivers are especially at risk
Not many people in Maryland and D.C. realize that they could be charged with the crime of reckless driving for driving just a little over a posted Virginia speed limit. Even Virginia drivers don’t always know this law. However, because out-of-state drivers are less likely to know the local driving rules, they’re the ones who are most likely to get pulled over for reckless driving.
Steer clear of Virginia’s traffic laws
A conviction for reckless driving can affect your criminal record, your license, your finances, and your job. You can avoid the harsh penalties of Virginia’s traffic laws, by doing what I do.
Just drive the speed limit! Stay in the middle or right-hand lanes, and don’t drive with the flow when traffic around you is speeding. Even if it seems easier, you’re running late, or you’re getting frustrated, drive as if you have a “Student Driver” sticker on your car, and definitely don’t drive 80 mph or 20 mph over the speed limit. Whatever the Maryland or D.C. driving laws may be, know that the Commonwealth of Virginia’s enforcement and penalty provisions are much harsher and can impact you more than you knew.
Anderson & Quinn, LLC is a law firm based in Rockville, Maryland, providing individuals, businesses, corporations, and healthcare institutions with the legal and litigation support they need. Ms. Tehrani works for Anderson & Quinn, LLC, as a licensed attorney in Maryland, Virginia, and D.C. Her office is located at 25 Wood Lane, Rockville, MD, 20850. Tel: 301-762-3303. Email: vtehrani@andersonquinn.com.
