Reckless driving in Virginia is a criminal offense, not just a traffic ticket. Penalties can include:

• Class 1 misdemeanor conviction
• Up to 12 months in jail
• Fine up to $2,500
• 6 demerit points, which stay on your Virginia DMV record for 11 years
• License suspension of 60 days to six months, at the court’s discretion under Va. Code § 46.2-393
• Lasting criminal record

Under Va. Code § 46.2-862, you are guilty of reckless driving if you drive 20 mph or more over the posted limit, or in excess of 85 mph regardless of the limit.

New as of July 1, 2026: On a reckless driving by speed conviction, the court may order enrollment in Virginia’s Intelligent Speed Assistance Program instead of suspending your license. The Program requires a speed-limiting device on any vehicle you own or operate, at your expense, for 60 days to six months. For speeds over 100 mph, the court must order enrollment unless it suspends your license instead. Tampering with the device is a separate Class 1 misdemeanor.

Richmond has two General District Court locations that hear traffic and criminal cases. This catches people out, and showing up at the wrong one can leave you marked as failing to appear.

John Marshall Courts Building (most cases)

• 400 N. 9th Street, Richmond, VA 23219
• Criminal and Traffic Division clerk: Room 209
• Phone: (804) 646-6431
• Clerk’s office hours: Monday to Friday, 8:00 a.m. to 4:00 p.m.

Marsh Manchester Courts Building

• 920 Hull Street, Richmond, VA 23224
• Criminal and Traffic phone: (804) 646-6677

Check the courthouse printed on your summons. That is the one that controls, and it is the only reliable way to know where to go. If your summons is unclear, call the clerk before your court date rather than guessing.

Initial Arrest:

• Chemical test (breath or blood)
• Administrative license suspension (7 days for a first offense)
• Court date scheduled on your summons or bond paperwork

Court Process in Richmond:

• Arraignment in Richmond General District Court
• Evidence review (test results, officer testimony)
• Negotiation with the Commonwealth’s Attorney
• Trial or plea hearing before a judge, not a jury

General District Court does not conduct jury trials. If you are convicted and want a jury, you have an automatic right to appeal to Richmond Circuit Court within 10 days, which gets you an entirely new trial.

First Offense:

• Class 1 misdemeanor
• 6 demerit points
• Additional suspension, generally matching the length of the original suspension. If the original suspension had no fixed end date, the court may add up to 90 days.
• Possible jail time

Third or Subsequent Offense Within 10 Years:

• Mandatory minimum 10 days in jail that cannot be suspended, under Va. Code § 46.2-301(C)
• Extended license suspension
• Potential vehicle impoundment

A second offense frequently draws active jail time even though the mandatory minimum does not attach until the third.

One thing worth knowing: under Va. Code § 46.2-301(G), if you have no prior violations of this section in the past 10 years, the court has discretion to dismiss the charge if you show proof of compliance on or before your court date. Getting your license reinstated before you walk into court can matter.

Most speeding tickets are traffic infractions that do not carry jail time. The demerit points depend on your speed:

• 1 to 9 mph over the limit: 3 demerit points
• 10 to 19 mph over the limit: 4 demerit points
• 20 mph or more over the limit: this is no longer speeding. It is reckless driving, a Class 1 misdemeanor with 6 demerit points and possible jail time.

The same applies at any speed in excess of 85 mph, regardless of the posted limit.

The jump from 19 over to 20 over is not one more demerit point. It is the line between a traffic ticket and a criminal charge. On a road posted at 70, that is the difference between 89 and 90 mph.

Essential Documents:

• Court summons with date and time
• Valid driver’s license
• Proof of insurance
• Vehicle registration
• Speedometer calibration (if applicable to defense)

Helpful Evidence:

• Driving record abstract
• Character references
• Employment verification
• Proof of completed driving improvement course

Arrival: Come early. Dockets in Richmond are heavy, and if you are not in the courtroom when your case is called, the judge can hear it in your absence. Dress professionally.

Traffic Infractions:

• Simple speeding, improper lane change
• No jail time possible
• Fines and demerit points only
• No criminal record

Criminal Traffic Offenses:

• Reckless driving, DUI, suspended license
• Possible jail time
• Lasting criminal record
• Shows up on background checks

The practical difference is what a conviction leaves behind. An infraction sits on your driving record. A criminal traffic conviction creates a criminal record that follows you onto background checks for employment, housing, and security clearances.

This is also why a reduction from reckless driving to improper driving (Va. Code § 46.2-869) matters. Improper driving is a traffic infraction carrying 3 demerit points and a fine of up to $500, with no jail and no criminal record.

These are two different clocks, and confusing them is common.

• Demerit points stay active for 2 years from the date of the offense, not the date of conviction. That is the clock the DMV uses when deciding whether to act against your license.
• The conviction itself stays on your Virginia driving record much longer. A reckless driving conviction stays for 11 years. Standard speeding convictions stay for 3 to 5 years.
• A criminal record is a third clock entirely, and it does not roll off on its own.

DMV action thresholds: 18 demerit points in 12 months, or 24 points in 24 months, results in license suspension. Lower totals trigger an advisory letter or a mandatory driver improvement clinic.

Yes, in most cases. Virginia reports convictions to:

• The Driver License Compact, which covers 45 states and the District of Columbia
• The National Driver Register

Your home state then applies its own rules, which may include adding points, raising your insurance, or suspending your license.

The exceptions: Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin are not Driver License Compact members, so they do not receive formal notice through it. That is not the same as no consequence. Serious offenses can still reach your record through the National Driver Register, and some of these states maintain their own arrangements. North Carolina is a Compact member and may act administratively on a Virginia conviction.

Dismissal is possible but depends on the evidence. Challengeable areas include:

• Improper traffic stop (no reasonable suspicion)
• Breathalyzer calibration and maintenance records
• Administration of field sobriety tests
• Chain of custody on blood tests
• Procedural errors

One thing to understand up front: Virginia has no first-offender diversion program for DUI. Unlike a first-offense drug possession charge, there is no path where you complete a program and the charge is dismissed. ASAP is not an alternative to a conviction. It is a requirement that follows one, and completing it is a condition of getting a restricted license. A first offense may sometimes be reduced to a lesser charge depending on the evidence, but that is a negotiated outcome, not a program you enroll in.

Contact Weiland Button to schedule a free case evaluation for your Richmond case.