Ned Michie
​Attorney at law

Charged with

Speeding or

Reckless Speeding? 

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

Experience Matters

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

SPEEDING / SPEEDING-RECKLESS

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS ​
(follow the link to learn more)

SPEEDING

Speeding cases are handled very differently by different judges and courts in Virginia. Some judges strictly enforce the laws and don't often give people a break even if the defendant has an excellent driving record. Other judges will give defendants a break based on their good record, mitigating facts, or the defendant's willingness to take a defensive driving course or perform community service. 
An experienced attorney can help you get the best available outcome and help those who might be nervous going in front of a judge.

The Following are NOT Legal Defenses to a Speeding Case (but judges hear them all the time):
"Sorry, I didn't know I was going that fast."
"Yeah, I was speeding, but I just don't want this to affect my insurance."
"The officer got me, but it's going to negatively affect my job if I get convicted on this ticket."
"I'm not sure how fast I was going, but I don't think I was going that fast."
"I was just keeping up with traffic."
"There were other people going faster."
"I was going downhill."
"I needed to speed to pass someone."

Technical legal defenses do exist, but in truth it is an unusual case where they are successful, and generally you need an experienced attorney in order to have a chance with one of these defenses. 

The penalty for simple speeding is just a fine - For fines that are pre-payable and are in fact pre-paid by the defendant, the amount of the fine in normal speeding cases is six dollars ($6.00) for every mile over the speed limit, plus about $60 in court costs (The court costs must be paid whether you go to court or not).  See Va. Code § 46.2-878.3.   

​       Judges normally stick to the fine schedule if you go to court, but a judge is not bound by the pre-paid fine amounts if a hearing is held on a case.  See also.  State wide pre-paid uniform fine schedule Rule 3B:2 of the Rules of the Supreme Court of Virginia (Latest PDF of fine schedule can be found on line)

        The judge is NOT going to suspend your driver's license for a simple speeding ticket, but the DMV can and will, if you have too many demerit points on your record.

Points on your license versus automobile insurance ramifications 
     The Virginia DMV has a system of negative points it awards for all moving violations, based on its ranking of the severity of the violation. The judge is NOT going to suspend your driver's license for a simple speeding ticket, but the DMV can and will, if you have too many demerit points on your record.

For Speeding, the demerit points are as follows:
3 Negative points for speeding 1-9 miles over the limit
4 Negative points for speeding 10-19 miles over the limit
6  Negative points for speeding 20 or more miles over the limit

   You do also get a good point for every year you drive without a moving violation, and the points generally fall off after two years. The DMV website has more information, and you can get a copy of your driving record and point totals.

    The Virginia DMV cannot suspend an out-of-state driver's license but can suspend an out-of-state driver's privilege to drive in Virginia. Also, your home state may find out about a Virginia ticket or suspension and treat you about the same way, depending on your state's laws and regulations.

 Your insurance company can also hold motor vehicle convictions against you depending on the terms of your policy. Note that your insurance company is not bound in any way by the DMV point system (for better or worse).

Speeding in a School Zone

Under Va. Code ​§ 46.2-873, speeding in a school zone designated by signs and flashing lights is still just a traffic infraction, but the standard prepayment fine is set at $7.00 (instead of $6.00) for every mile over the speed limit. Also, given that the speed limits in school zones are generally lower than the normal speed for the road, speeding in a school zone makes it easier to end up with a reckless-speeding charge, as described below.

Reckless Driving by Speed

Va. Code § 46.2-862, provides:
    "A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 1992, c. 608; 2006, c. 301." (emphasis added)

Penalties for Reckless Driving
​      Unfortunately, all reckless driving convictions are 1st Class misdemeanors (the same level of offense as DUI, Assault and Battery, and Shoplifting). Consequently the judge has the power to impose up to one year in jail and up to a $2,500 fine. (See Va. Code § 46.2-868)  Moreover, the judge is further empowered to suspend a defendant's license completely for up to six months (but can also choose to give restricted driving privileges). See Va. Code § 46.2-392 and Va Code § 46.2-393.  

     Again, the outcome of these cases is highly variable, depending on the judge and the court where the case is pending. When there is no true legal defense, it is still not uncommon to get a break from a judge if the defendant is within a mile or two of the reckless-speeding versus regular speeding line. Some judges are willing to give breaks at even higher speeds, but all judges will suspend a defendant's license or put him/her in jail when the speed is what that particular judge considers dangerously high.

Speeding in a Residential Enhanced $200 Penalty Zone

        State Law allows localities to designate certain roads in residential areas for an enhanced penalty of $200 on top of normal fines and costs.  These designations are generally put on roads that have long standing problems with people speeding through a neighborhood.   

       Specifically, Va. Code ​§ 46.2-878.2 states as follows:
    "Operation of any motor vehicle in excess of a maximum speed limit established for a highway in a residence district of a county, city, or town, when indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of $200, in addition to other penalties provided by law. No portion of the fine shall be suspended unless the court orders 20 hours of community service. The Commissioner of Highways or any local governing body having jurisdiction over highways shall develop criteria for the overall applicability for the installation of signs. Such criteria shall not exclude highways, functionally classified as minor arterials, serving areas that either (i) were built as residential developments or (ii) have grown to resemble residential developments, provided, in either case, (a) such highways are experiencing documented speeding problems and (b) the local governing body requests the application of this section to such highway. Such signs may be installed in any town and shall not require the approval of the county within which such town is located. Any such signs installed in any town shall be paid for by the town requesting the installation of the signs, or out of the county's secondary system construction allocation.
1996, c. 172; 1999, c. 87; 2002, c. 882; 2004, c. 350; 2006, c. 547; 2013, cc. 585, 646."  (emphasis added)

     Moreover, the pre-paid fine schedule imposes an $8.00 for every mile per hour over the speed limit, instead of the normal $6.00 per mile for each mile over the limit. Va Code ​§ 46.2-878.3.   The Judge is not bound by the pre-paid fine amounts if a hearing is held. 

Speeding in a Work Zone

        Drivers caught speeding in designated work zones should expect to pay higher fine, but if the fine is pre-payable and is in fact pre-paid by the defendant, then the code provides that the fine is actually just $7.00 for every mile over the speed limit instead of the usual $6.00 for every mile over the speed limit.  See  Va Code ​§ 46.2-878.3.   A Judge is not bound by the pre-paid schedule if there is a hearing on the case.

       Specifically  Va. Code ​§ 46.2-878.1  states as follows:

"Operation of any motor vehicle in excess of a maximum speed limit established specifically for a highway work zone, when workers are present and when such highway work zone is indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of not more than $500.

For the purposes of this section, "highway work zone" means a construction or maintenance area that is located on or beside a highway and marked by appropriate warning signs and, for projects covered by contracts entered into on or after July 1, 2012, with attached flashing lights or other traffic control devices indicating that work is in progress.

​Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of any motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb, or property.
1992, c. 462; 1995, c. 54; 2003, c. 839; 2012, c. 397."