116 MPH on I-95: When Reckless Driving Stops Being a Ticket and Becomes a Crime
Recently in the Fredericksburg region, a driver appeared in court — represented by a public defender — on a charge of driving 116 mph on I-95 in moderate traffic. The driver was found guilty of reckless driving, fined $400, and sentenced to 30 days in jail.
That is one case, not a typical sentence, and not a prediction of what will happen in another case. But it makes an important point: at these speeds, a driver may be facing a criminal charge, not an ordinary speeding ticket.
Virginia treats high-speed driving as reckless driving
Under Virginia Code § 46.2-862, a driver can be guilty of reckless driving by speed for driving 20 mph or more over the posted limit, or over 85 mph regardless of the limit. So a reported speed of 116 mph can meet the statute even where the posted limit is 70 mph.
Reckless driving is a Class 1 misdemeanor under Virginia Code § 46.2-868. Under Virginia Code § 18.2-11, a Class 1 misdemeanor carries a maximum of 12 months in jail and a $2,500 fine. Those are maximum penalties, not automatic ones. A judge decides the outcome after considering the charge, evidence, and circumstances.
The key distinction is that a conviction is a criminal conviction, not just a fine and DMV points. The consequences can reach beyond the courtroom, which is why I urge drivers not to assume that a summons for high speed is a routine ticket.
License consequences deserve attention, too
Virginia Code § 46.2-393 allows a court to suspend a driver’s license for 60 days to six months after a reckless-driving conviction. The court may also issue a restricted license for good cause, subject to the applicable conditions.
There is an additional rule for convictions under § 46.2-862 involving speeds over 100 mph: the court must order enrollment in Virginia’s Intelligent Speed Assistance Program for 60 days to six months unless it orders a license suspension instead. That program is not the same as an ignition-interlock device. An ignition interlock is not an automatic consequence simply because a driver is accused of speeding over 100 mph; other laws and circumstances may apply in separate cases.
What I would do after receiving a summons
If you have been charged, take these steps promptly:
- Read the exact charge. Check whether the summons cites reckless driving, including § 46.2-862, rather than an ordinary speeding offense.
- Confirm the court and date. Do not miss the hearing or assume the charge will be reduced automatically.
- Preserve the evidence. The defense may depend on the specific facts, including radar or LIDAR calibration and testing records, the officer’s training and observations, any pacing evidence, and the conditions on the road.
- Speak with a Virginia traffic attorney promptly. The right approach depends on the evidence and your circumstances. No single strategy or result applies to every case.
I know how easy it is to focus on the number printed on the summons and overlook what the charge means. I have also learned not to draw conclusions before reviewing the evidence. A speed allegation is serious, but the state still must prove its case.
If your case is set in Fredericksburg General District Court, bring money to cover any court costs or fine. Credit-card payments incur a 4% surcharge. I also tell clients to dress in their “Sunday best” to show respect for the court.
For help understanding a Fredericksburg traffic charge, contact Smith Trial Law at (540) 386-7902.
This article provides general information, not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts; outcomes vary, and no result is guaranteed.