You Can Go to Jail for Speeding

Brunswick County DUI Lawyer


Speeding is a general term that covers both traffic infractions as well as reckless driving. Reckless driving has been in the news quite a bit due to professional football players getting reckless driving charges. New York Giants backup quarterback Kyle Lauletta faces serious charges in New York and Antonio Brown faces serious charges in Pennsylvania.

Every state has their own laws for how they treat speeding. Virginia has one of the strictest laws in the United States. In Virginia, anything 20 or more over the speed limit or anything OVER 80 mph is reckless driving by speed:

§ 46.2-862. Exceeding speed limit.

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.

Virginia Reckless Driving by Speed is Punished as a Class 1 Misdemeanor

Virginia says the range of punishment for a class 1 misdemeanor is:

  • jail time up to one year
  • fine up to $2500
  • license suspension up to 6 months for reckless driving
  • reckless driving Virginia first offense is the same as second offense or more (although your driving history certainly factors in)

Yes, You Can Go to Jail for Speeding, IF it is Reckless Driving

Professional football is not the only american sport dealing with reckless drivers. Jason Werth spent 5 days in jail in Fairfax, Virginia for reckless driving by speed. He was driving at 105 mph.

‘It’s not a destination you would choose’ – Jason Werth giving his thoughts on jail

Most Virginia judges will not consider jail unless you were driving over 90 mph or 30 mph or more over the limit. And even then many judges will reduce the charge.

Make Sure You Know the Laws of the State you Are Driving In

Many out of state drivers think they can drive 90, or even 100 mph and not go to jail. And that just is not true in Virginia. Every state will have their own laws on what is reckless driving and they all define the penalties for reckless driving and speeding differently.

Leavitt & Martin specialize in Virginia traffic law. It is up to you as the driver to know the law where you are driving. Every time you enter a state, you subject yourself to their laws and ignorance of the law is not an excuse. So be aware, and stay safe.


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Emporia, Virginia 23847

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