Virginia Traffic Infraction vs Misdemeanor: What's the Difference and Why It Matters

If you've just been handed a traffic ticket in Virginia, one of the first things you should figure out is whether you're looking at an infraction or a misdemeanor. The words sound similar, but the consequences are not. One is a civil slap on the wrist. The other is a criminal charge that follows you for years. Knowing the difference helps you decide your next move—whether that's paying the fine, showing up in court, or signing up for a driver improvement course to limit the damage.

What Is a Traffic Infraction in Virginia?

A traffic infraction is a civil violation—not a crime. Most common moving violations fall into this bucket, including speeding (under 20 MPH over the limit and under 85 MPH), running a red light, failure to yield, improper lane changes, and equipment violations like a broken taillight.

With an infraction, you typically pay a fine, accept demerit points on your Virginia driving record, and move on. You don't get arrested, you don't get fingerprinted, and you don't get a criminal record. Many infractions are even "prepayable," meaning you can settle them online or by mail without setting foot in a courtroom.

The catch: even though it's not criminal, an infraction still puts 3, 4, or 6 demerit points on your record depending on the offense—and those points can drive up your insurance for years.

What Is a Traffic Misdemeanor in Virginia?

A traffic misdemeanor is a criminal offense. Virginia classifies misdemeanors into four classes (1–4), with Class 1 being the most serious. Common traffic misdemeanors include:

• Reckless driving (Class 1) — including speeding 20+ MPH over the limit or any speed over 85 MPH

• Driving on a suspended license (Class 1 or 2 depending on circumstances)

• DUI (Class 1)

• Hit and run with property damage under a certain amount (Class 2)

• Driving without insurance when the UMV fee hasn't been paid (Class 3)

A Class 1 misdemeanor can carry up to 12 months in jail and a fine of up to $2,500. You'll have to appear in court—prepaying is not an option—and a conviction creates a permanent criminal record that shows up on background checks for employment, housing, and security clearances.

A traffic misdemeanor in Virginia is not a "bigger ticket." It is a criminal charge that can mean jail time, a permanent record, and a six-point hit to your DMV history that sticks around for 11 years.

Side-by-Side: Infraction vs Misdemeanor

Penalties

An infraction usually means a fine ($30–$250 range), small court costs, and demerit points. A misdemeanor can mean a much higher fine, possible jail time, court-ordered probation, and a license suspension.

Court Appearance

Infractions are often prepayable. Misdemeanors require you to appear in General District Court—and skipping that hearing can lead to a failure to appear charge or even a bench warrant.

Demerit Points

Infractions add 3, 4, or 6 points. Most traffic misdemeanors—including reckless driving—add the maximum 6 points and stay on your DMV record for 11 years, compared to 3–5 years for infractions.

Insurance and Background Checks

Infractions raise your insurance premium. Misdemeanors can double or triple it, may force you onto an SR-22 filing, and will show up on criminal background checks—not just driving record checks.

How a Driver Improvement Course Can Help Either Way

Whether you're facing an infraction or a misdemeanor, completing a Virginia DMV-approved driver improvement course can soften the blow. Voluntarily completing the course removes 5 demerit points and adds 5 safe driving points, which is huge if you're trying to keep your license clean. Many Virginia judges will also reduce or dismiss a charge if you complete a course before your court date—even on a reckless driving misdemeanor in some cases.

Our 8-hour Virginia driver improvement course is fully online, DMV- and court-approved, and costs just $74.99. You can take it from your couch on any device, pause and resume anytime, and finish in a single day if you want to.

People Also Ask

Is a speeding ticket in Virginia an infraction or misdemeanor?

Most Virginia speeding tickets are infractions. But if you're caught going more than 19 MPH over the posted limit, or above 85 MPH regardless of the limit, the ticket becomes reckless driving, which is a Class 1 misdemeanor.

Will a Virginia traffic infraction show up on a background check?

No. Traffic infractions don't appear on standard criminal background checks because they aren't crimes. They do appear on your DMV driving record, which some employers (like delivery and rideshare companies) pull separately.

Can I take a driver improvement course for a traffic misdemeanor?

Yes. While the course doesn't automatically dismiss a misdemeanor, judges often look favorably on drivers who proactively complete one. It can lead to reduced charges, lower fines, or a sentence without jail time—especially for first-time offenders. Voluntary completion is allowed once every 24 months.

Take Action Today

Whether your ticket is a civil infraction or a criminal misdemeanor, doing nothing is the worst move. Enroll in our 8-hour Virginia driver improvement course for $74.99 and walk into court with proof you took the situation seriously. You'll earn 5 safe driving points, knock 5 demerit points off your record, and give yourself the best shot at a clean outcome. Have more questions? Visit our driver resources page or browse the full blog for related guides.