New Law Would Raise Reckless Speed Threshold

There have been many attempts over the past few years to raise the reckless driving threshold above 80 mph. This year one bill has made it out of the Virginia Senate. If enacted, it would raise the magic number to 85 mph.

The bill has one major flaw – it’s inconsistent. The first part of the statute for reckless by speed says that any speed 20 mph or more over the limit is reckless driving. The bill would amend the second part of the statute to say that any speed OVER 85 mph is reckless, regardless of the speed limit.

In a 70 mph zone, this means you’re getting a reckless ticket for going 86 mph. But 85 and below is just speeding.

But in a 65 mph zone, you get a reckless ticket for going 85 mph (20 over the limit). 85 is reckless in one zone, but not in another. That makes no sense.

If the General Assembly wants to raise the reckless by speed threshold, they should at least make it consistent and easy to understand. In practice, this law won’t change much in the Fredericksburg area. Most officers already give drivers a break to a simple speeding ticket when they are below 85 mph on the interstate.
Read WTOP’s full article.

Photo by: The Speed of Light

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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