Virginia Code

Va. Code Ann. § 46.2-862 (2026)

Exceeding speed limit

✓ current as of May 2026
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A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.

Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727; 1992, c. 608; 2006, c. 301; 2020, cc. 444, 445.

Notes of Decisions
Cited in 35 cases (9 in the last 5 years), 1993–2026 · leading case: Jeffrey D. Wells v. Commonwealth of Virginia, 781 S.E.2d 362 (Va. Ct. App. 2016).
Jeffrey D. Wells v. Commonwealth of Virginia, 781 S.E.2d 362 (Va. Ct. App. 2016). · cites it 8× “Jeffrey Wells was convicted of reckless driving by speeding in violation of Code § 46.2-862 on April 13, 2015. On appeal, Wells argues that the trial court erred in finding him guilty because the Commonwealth failed to present evidence to establish that the radar device used to…”
Chibikom v. Commonwealth, 680 S.E.2d 295 (Va. Ct. App. 2009). · cites it 10× “Chibikom was convicted in a jury trial of reckless driving by speed, in violation of Code § 46.2-862. 1 On appeal, she contends the trial court erred in denying her proposed jury instruction that improper driving, an offense set forth in Code § 46.”
West v. Commonwealth, 597 S.E.2d 274 (Va. Ct. App. 2004). · cites it 4× “Code § 46.2-862. The evidence further proved the truck had its taillights on, yet appellant did not engage his brakes in order to avoid hitting the vehicle.”
Tucker v. Commonwealth, 564 S.E.2d 144 (Va. Ct. App. 2002). · cites it 2× “2-817(A), “a misdemeanor,” when the offense is accompanied by speed in excess of “the maximum allowed by twenty miles per hour.”
Dennis Vernon White v. Commonwealth of Virginia, 494 S.E.2d 896 (Va. Ct. App. 1998). · cites it 6× “On appeal, White asserts that the DUI prosecution and conviction were barred by the speeding conviction because, under Code § 46.2-862, the speeding conviction constituted a conviction for reckless driving.”
United States v. Imngren, 914 F. Supp. 1326 (E.D. Va. 1995). · cites it 3× “§ 13 and Va.Code § 46.2-862(i); and driving with a suspended license, in violation of 18 U.”
United States v. Prasit Imngren, United States of Am. v. Kenneth Johnson, 98 F.3d 811 (4th Cir. 1996). “§ 13 and Va.Code Ann. § 46.2-862(i) (Michie 1996), and driving on a suspended license in violation of 18 U.”
United States v. Farmer, 820 F. Supp. 259 (W.D. Va. 1993). “§ 46.2-862 (1989 & Supp.1992)) is hereby AFFIRMED, 1 .”
Konradt Gunter Tatusko v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 8× “Fish stopped Tatusko and issued a summons for “reckless by speed 100/60 (LASER),” in violation of Code § 46.2-862. Following his conviction in the general district court, Tatusko appealed to the Circuit Court of Chesterfield County, where he appeared for a jury trial on July 19,…”
Loudoun Cnty. v. Ofogh, 68 Va. Cir. 427 (Loudoun Cir. Ct. 2005). · cites it 9× “It can only be interpreted as an alleged violation of the Virginia reckless driving by speed (specifically at a speed in excess of 20 miles per hour or more in excess of a speed limit of 30 miles per hour or less) statute, Va. Code § 46.2-862, which is incorporated into the…”
Jeremy Dwayne Adams v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 4× “Jeremy Dwayne Adams appeals his convictions, following a jury trial, for reckless driving, felony eluding, and felony failure to appear, in violation of Code §§ 46.2-862, 46.2-817(B), and 19.2-128.”
Julie M. Beavers v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 4× “Beavers of reckless driving, in violation of Code § 46.2-862. On appeal, Beavers argues that the evidence was insufficient to support her conviction.”
— Va. Code Ann. § 46.2-862(i) — 2 cases
United States v. Imngren, 914 F. Supp. 1326 (E.D. Va. 1995). “§ 13 and Va.Code § 46.2-862(i); and driving with a suspended license, in violation of 18 U.”
United States v. Prasit Imngren, United States of Am. v. Kenneth Johnson, 98 F.3d 811 (4th Cir. 1996). “§ 13 and Va.Code Ann. § 46.2-862(i) (Michie 1996), and driving on a suspended license in violation of 18 U.”
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