Virginia 20 MPH Over the Speed Limit: Fines, Points & Why It's Reckless Driving

Most drivers assume that going a little fast just means a speeding ticket and a fine. In Virginia, that assumption can land you with a criminal record. Cross the line to 20 miles per hour over the posted limit — even on an empty road in broad daylight — and you're no longer looking at a simple infraction. You're facing reckless driving, a misdemeanor that carries jail exposure, a possible license suspension, and six demerit points.

If you've been charged with going 20+ over, or you want to understand exactly where the reckless line falls, this guide explains the law, the fines and DMV demerit points, the insurance fallout, and the steps that can protect your record.

What Is Reckless Driving by Speed in Virginia?

Under Va. Code § 46.2-862, you commit reckless driving by speed if you drive either 20 mph or more over the posted speed limit or faster than 85 mph, regardless of the posted limit. Either trigger is enough on its own.

This is what surprises people: the "20 over" rule is relative to the limit, so it applies at ordinary speeds. Doing 45 in a 25 mph zone, 55 in a 35, or 70 in a 50 all qualify as reckless driving — no weaving, no crash, no aggressive maneuver required. The speed alone is the offense.

Why It's Treated So Seriously

Reckless driving by speed is a Class 1 misdemeanor — the same criminal classification as a DUI or assault. It is not a traffic infraction that you can simply prepay and forget. A conviction creates a permanent criminal record in addition to the marks on your driving history, which is why it can affect background checks, security clearances, and employment. This is a separate and more severe charge than a standard ticket; for the general fine ladder below the reckless threshold, see our Virginia speeding fine schedule by mph over the limit.

Reckless Driving Fines & DMV Demerit Points

The penalties for a § 46.2-862 conviction go well beyond a typical speeding fine, and the judge has wide discretion within the statutory maximums.

Reckless driving by speed in Virginia is a Class 1 misdemeanor punishable by up to a $2,500 fine, up to 12 months in jail, and up to a 6-month license suspension — plus 6 demerit points that stay on your record for 11 years.

The Full Penalty Range

• Fine: Up to $2,500 (the amount rises with your speed and history; higher speeds routinely draw larger fines).

• Jail: Up to 12 months of confinement is possible, and courts do impose active jail time for very high speeds.

• License suspension: Up to 6 months, at the court's discretion.

• Demerit points: 6 demerit points under Virginia's Uniform Demerit Point System — the maximum single-violation total.

• Criminal record: A misdemeanor conviction that generally cannot be expunged after a guilty finding.

How the Demerit Points Work

The 6 demerit points from a reckless-driving conviction remain on your Virginia record for 11 years, though the safe-point/demerit calculation that drives suspension uses a shorter active window. Combined with other violations, they push you toward the danger thresholds: 18 points in 12 months or 24 points in 24 months triggers a suspension, and lower totals trigger DMV advisory letters and mandatory driver improvement clinics. Because 6 points is a third of the way to a 12-month suspension by itself, a single reckless charge leaves very little cushion. Review how the totals accumulate in our guide to the Virginia demerit points system, and see the related absolute-speed rule in going over 80 mph as reckless driving.

How Reckless Driving Affects Your Car Insurance

Few violations hit an insurance premium as hard as reckless driving. Because it is both a 6-point violation and a criminal conviction, insurers treat it as a major red flag. Drivers commonly see premiums jump 50% or more, and some carriers decline to renew a policy after a reckless conviction, forcing the driver into a high-risk market where rates are dramatically higher.

The surcharge typically lingers for at least three years, and the total added cost over that period often dwarfs the court fine itself. That long tail is exactly why mitigating the charge — and offsetting the points — is worth the effort. For more, see Virginia reckless driving penalties explained in full.

What to Do After a 20-Over Reckless Driving Charge

A reckless-by-speed charge is serious, but you have meaningful options. Take these steps quickly:

1. Consider contesting the charge: Because this is a misdemeanor, the stakes justify a careful defense. Speedometer calibration, radar or LIDAR accuracy, and how the officer measured your speed can all be challenged. Many drivers consult a traffic attorney to seek a reduction to a lesser infraction such as improper driving.

2. Don't simply "pay" it: Unlike an infraction, reckless driving generally cannot be prepaid — you must appear in court (or have counsel appear). Ignoring the summons risks a failure-to-appear charge.

3. Take a driver improvement course before your court date: Completing a Virginia DMV-approved driver improvement course before you appear shows the judge you're taking responsibility and can support a request for a reduced charge — while also removing up to 5 demerit points from your record.

4. Monitor your driving record: After the case resolves, pull your transcript to confirm how the conviction and points posted, and to make sure nothing was recorded in error.

How a Driver Improvement Course Helps

An approved 8-hour online driver improvement course removes up to 5 demerit points — offsetting most of the 6-point reckless penalty — and judges frequently view proactive completion as a strong sign of responsibility when weighing whether to reduce a charge. Many insurers also offer a discount to drivers who complete an approved course, softening the premium blow. Taking the course early, before your court date, gives you the most leverage.

FAQ: Virginia 20 MPH Over & Reckless Driving

Q: Is going 20 mph over the limit really a crime in Virginia?

A: Yes. Under Va. Code § 46.2-862, driving 20 mph or more over the posted limit (or over 85 mph anywhere) is reckless driving, a Class 1 misdemeanor — not a simple traffic infraction. It carries a possible criminal record, jail exposure, and 6 demerit points.

Q: Can a reckless driving charge be reduced to a regular speeding ticket?

A: Often, yes. Judges may reduce a reckless charge to improper driving (a lower-point infraction) or a standard speeding violation, especially for first offenders who show a clean record, a calibrated speedometer, and completion of a driver improvement course. Outcomes vary by court and facts.

Q: Will completing a driver improvement course help with a reckless charge?

A: Yes. A Virginia DMV-approved course removes up to 5 demerit points and demonstrates responsibility to the court. ABC Driving Improvement's 8-hour online course is fully approved and recognized by Virginia courts and the DMV.

A 20-over reckless driving charge is one of the most serious traffic matters in Virginia — but it doesn't have to define your record. By understanding the law, mounting a thoughtful defense, and completing a court-approved driver improvement course, you can reduce the damage to your license, your insurance, and your future.

Facing a reckless or speeding charge? Enroll in ABC Driving Improvement's Virginia DMV-approved 8-hour online course today for only $74.99 — 100% online, self-paced, and backed by a 30-day money-back guarantee.

Which Course Code Do You Need?

Check your court paperwork or DMV letter for your assigned code.