How do I fight a speeding ticket in Virginia?

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Virginia treats high-speed offenses as criminal misdemeanors — making counsel essential.

1. Pay vs. Contest

Prepay: only for ordinary speeding under 20 mph over and under 80 mph total. Pay via Va. Courts Online Payment.

Contest: General District Court bench trial. Officer must appear.

Appeal: within 10 days, appeal de novo to Circuit Court for a jury or bench trial (Va. Code § 16.1-132).

2. Speed Limits & Reckless Threshold

Va. Code § 46.2-870 sets a 70 mph maximum on designated interstates. § 46.2-862 — Reckless driving by speed:

20+ mph over the posted limit, OR

Any speed of 85+ mph regardless of limit.

This is a Class 1 misdemeanor — up to 12 months jail, $2,500 fine, and 6 DMV demerit points. Other reckless driving statutes (§§ 46.2-852 to -865) cover passing on the right, racing, etc.

3. Points & Insurance

DMV demerit points:

3 points: 1-9 over

4 points: 10-19 over

6 points: 20+ over or reckless

18 points/12 months OR 24/24 months OR 30/36 months = suspension. Insurance surcharges last 3-5 years.

4. Driver Improvement Clinic

Va. Code § 46.2-498. Voluntary clinic earns 5 safe-driving points (can offset demerits). DMV may require it after certain accumulations.

5. Defenses & Discovery

Subpoena under Rule 3A:12: radar/lidar certification, calibration log, and officer's operator certification.

Common defense path: plea-down to "improper driving" (Va. Code § 46.2-869) — 3 points, no criminal record.

Speedometer calibration certificate (often within +/- 2 mph) can mitigate.

6. Out-of-State Drivers

Convictions are reported via the Driver License Compact — your home state will assess equivalent points/insurance impact. Reckless driving misdemeanor follows you permanently.

This is legal information, not legal advice.