By John McCurley , Attorney · University of San Francisco School of Law
Most Virginia drivers will, at some point, get a speeding ticket. This article explains how Virginia's speed limits work and the penalties for a speeding violation.
Virginia has two types of speeding laws: "absolute limits" and a "basic speeding law." Below, we explain how these work and differ.
There's no trick to how Virginia's absolute speed limits work: If the absolute speed limit is 50 miles per hour and you drive faster than that, you've violated the law. Virginia's absolute speed limits include (unless otherwise posted):
Absolute speed limits are normally posted. (Va. Code Ann. §§ 46.2-870, 46.2-873, 46.2-873.1, 46.2-874 (2024).)
Virginia's basic speeding law prohibits driving at a speed greater than is reasonable "under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit." In other words, motorists must always drive at a safe speed. (Va. Code Ann. § 46.2-861 (2024).)
What a safe speed is will depend on the circumstances. For instance, 55 miles per hour might be safe on a bright, sunny day. But if it's dark and the road is icy, going 55 miles per hour could be dangerous and a violation of the basic speeding law.
A violation of the basic speed law (and exceeding a posted speed limit by 20 miles per hour or more) is considered "reckless driving." Reckless driving is a class 1 misdemeanor. Convicted motorists typically face up to six months in jail and/or a maximum $1,000 fine. License suspension of up to six months is also a possibility.
Speeding is typically a traffic infraction. The penalties for a speeding ticket depend on the circumstances.
Depending on where the violation takes place, the driver will generally pay a $51 processing fee plus $6 or $7 for each mile per hour over the speed limit.
For speeding violations in residential zones, the driver will pay a $51 processing fee and the fine is $200 plus $8 for each mile per hour over the speed limit.
Speeding in a school zone carries a $51 processing fee and the fine is $8 for each mile per hour over the speed limit plus an additional amount of up to $250.
A speeding conviction will result in the DMV assessing points to the driver's record. A speeding violation carries:
Drivers who accumulate points can face a variety of consequences, including license suspension.
You can always opt to fight your speeding ticket in court. However, the wisdom of doing so depends on the circumstances. For instance, you might have better chances of beating a ticket based on the officer's visual estimate than you would a ticket based on a radar reading.