Speeding Over 85 MPH: Automatic Reckless Driving in Virginia
Virginia is one of the strictest states in the nation when it comes to speeding. Under Virginia Code § 46.2-862, driving over 85 mph is automatically classified as reckless driving—a Class 1 Misdemeanor criminal offense—regardless of the posted speed limit.
Why 85 MPH is the Magic Number
Virginia law establishes two ways speed alone can constitute reckless driving:
- Exceeding the speed limit by 20 mph or more (e.g., 75 in a 55 zone)
- Driving over 85 mph regardless of the speed limit
This means on Virginia interstates with 70 mph speed limits (like I-95 and I-64 through Richmond), going just 16 mph over the limit triggers a criminal charge.
I-95 and I-64: Richmond’s Reckless Driving Hot Spots
Richmond sits at the crossroads of two major interstate highways:
I-95 Corridor:
- Major north-south route through Richmond
- 70 mph speed limit in most areas
- 85 mph = reckless driving
- Heavy enforcement, especially in Henrico and Chesterfield
I-64 Corridor:
- East-west route through Richmond
- 70 mph speed limit
- Popular commuter route
- Frequent speed enforcement
Penalties for 85+ MPH Reckless Driving
As a Class 1 Misdemeanor, convictions carry:
Potential Criminal Penalties:
- Up to 12 months in jail
- Up to $2,500 in fines
- License suspension up to 6 months
- 6 DMV demerit points (11-year record)
- Permanent criminal record
Speed-Based Enhancements:
- 90+ mph: Jail time becomes more likely
- 100+ mph: Significant jail time often imposed
- Accident involved: Enhanced penalties apply
Out-of-State Drivers: Special Concerns
Many reckless driving charges in Richmond involve out-of-state drivers who:
- Didn’t know Virginia’s strict laws
- Were passing through on I-95
- Face difficulty returning for court dates
- May have their home state license affected
If you’re from out of state, you must still address Virginia charges. An attorney can often appear on your behalf, minimizing travel requirements.
Defense Strategies for 85+ MPH Cases
An experienced attorney can pursue several defense approaches:
Speedometer Calibration:
- Obtaining a calibration certificate
- Showing your speedometer read lower than actual speed
- May result in reduced charges
Radar/LIDAR Challenges:
- Officer training and certification
- Equipment calibration records
- Proper operation procedures
Reduction Negotiations:
- Negotiating to improper driving (traffic infraction)
- Negotiating to simple speeding (non-criminal)
- Presenting mitigating factors
Driving Record Presentation:
- Clean driving history
- Driving improvement course completion
- Character references
What Judges Consider
Richmond-area judges typically consider:
- Your actual speed (86 mph vs. 100+ mph)
- Weather and traffic conditions
- Your driving record
- Your reason for traveling
- Whether you have an attorney
- Your demeanor and appearance
Steps to Take After an 85+ MPH Ticket
- Don’t panic – These cases are defensible
- Note details – Write down everything you remember
- Get calibration – Have your speedometer calibrated
- Consult an attorney – Free consultations are available
- Don’t miss court – Failure to appear adds more charges
Court Locations for Interstate Reckless Driving
Your court location depends on where you were stopped:
- I-95/I-64 in Henrico: Henrico General District Court
- I-95 in Chesterfield: Chesterfield General District Court
- I-95 in Richmond City: Richmond General District Court
- I-64 in Hanover: Hanover General District Court
Contact Alexander Law Office
If you’ve been charged with reckless driving for speeding over 85 mph on I-95, I-64, or anywhere in the Richmond area, contact us for a free consultation. With over 30 years of experience in local courts, we can help protect your record and driving privileges.