Virginia Speeding Ticket Cost
What is the Virginia speeding ticket cost? This is a common question. The first thing you need to figure out is whether you have a speeding ticket or a Virginia reckless driving charge. In Virginia, you can be charged with reckless driving by speed for driving 11 mph over the speed limit. Virginia reckless driving is not a speeding ticket and it is not covered in this section. The easiest way to see is by looking at your ticket. The law section for reckless driving is 46.2-862. If that is what you see then look at our Virginia reckless driving page because this page does not apply.
VIRGINIA SPEEDING FINES
Virginia speeding ticket cost is determined by the direct cost of your fine and costs plus any indirect costs:
Direct cost: usually $6 per mph over the speed limit for the fine (in some cases it is more, work zones, etc)
Direct cost: court costs are usually an additional $61-76 for traffic infractions
Indirect cost: Insurance premiums increase on average between $1000-$3000 for speeding tickets based on studies. This applies if you don't get your Virginia speeding ticket reduced
Indirect cost: If you choose to hire a Virginia speeding ticket lawyer then you will have the cost of the lawyer fee but you should not have any insurance premium increase if they are successful.
How Much is a Speeding Ticket in Virginia?
As you can see, your Virginia speeding ticket cost will be the total amount of your direct and indirect costs. Virginia speeding tickets vary in price. There is a statutory prepaid amount in MOST cases. The prepaid amount is $6 per mph over. If you pay this, you are pleading guilty to speeding. That means that you will get points on your driving record and your insurance company will be able to see this.
In addition, some companies will have a problem with Virginia speeding tickets. Employers are doing more background checks now. So if you prepay a Virginia speeding ticket it will go on your driving record.
Is a Speeding Ticket a Misdemeanor?
If you are an out of state driver with a Virginia "speeding" ticket then you need to be careful. Police officers want you to prepay speeding tickets in Virginia. The reason is that they will have less people in court to deal with. So many police officers tell you to call a number and pay the ticket.
What they don't tell you is that by doing so, you will get points on your driver's license. In addition, your insurance will go up much more than the cost of the ticket.
The most important issue is that your "speeding ticket" may be RECKLESS DRIVING in Virginia. If you were driving 86 mph in a 70 mph zone or higher then you actually have a Virginia reckless driving ticket. Virginia reckless driving is a criminal misdemeanor. So speeding in Virginia at 86 mph is a misdemeanor.
In addition, if you were doing 80 in a 60 in Virginia that is also reckless driving. To find out if you have a speeding ticket or a misdemeanor, you need to read your ticket. In Virginia, there is a law section on the ticket. If it says 46.2-862 then that is a misdemeanor. The consequences of that are MUCH more severe and you should NEVER pay that.
How Many Points is a Speeding Ticket in VA?
A Virginia speeding ticket will result in points on your driving record. Speeding tickets in VA vary in the number of points they give and how long they stay on your driving record. Here is a helpful chart though for Virginia speeding ticket points:
- Virginia speeding 1-9 mph over the speed limit is 3 demerit points
- Virginia speeding 10-19 mph over the speed limit is 4 demerit points
- Virginia speeding 20 mph or more over the speed limit is 6 demerit points
Keep in mind that Virginia reckless driving is defined as driving in excess of 85 mph OR driving 20 mph or more over the speed limit. Most police officers charge reckless driving. Check your ticket or call an experienced Virginia speeding ticket lawyer if you are confused.
Virginia Speeding Ticket Out of State
Out of state drivers call me all the time about Virginia speeding tickets. When I was a kid, the states did not talk to each other. So when I got a ticket out of state, it didn't hurt me. My insurance did not go up. There was no unified system.
Computers have changed all of that. Now, every DMV in the United States communicates with each other. So if you get a ticket in Virginia and you are out of state, Virginia will notify your home state. The good old days are gone.
In addition, your insurance company now has the ability to locate tickets in all 50 states. Getting a Virginia speeding ticket out of state is the same as getting your ticket in state since Virginia will tell your state and your insurance company can find it.
If you have a Virginia speeding ticket out of state you need to be aware of the consequences. In addition to the points and the insurance premiums, there can be employment consequences. The average insurance premium increase for a Virginia speeding ticket is $1000-$3000 over the course of the "lookback" period.
Every insurance company considers your driving history for a certain period of time. This is called the "lookback" period. For out of state drivers with a Virginia speeding ticket out of state you need to be aware of the insurance cost to a speeding ticket. It is often WAY more money to pay a Virginia speeding ticket.
Virginia Driving School for Speeding Tickets
In Virginia, some courts offer Virginia driving school for speeding tickets. Virginia law says that a judge has the ability to dismiss or reduce tickets if you complete driving school. The judge does not HAVE to do this. However, some judges do use Virginia driving school. How does it work? Well, every court is different.
Judges who use Virginia driving school do so because:
- there is clear authority for them to do so
- it supports Virginia driving schools
- it provides educations for Virginia speeders who go to Virginia driving school
- it gives the judge a way to help someone out, but also penalize them
- you are penalized because you aren't just getting a dismissal or reduction you are working for it
- the idea is that you won't speed again in the future
- most judges have an unofficial policy that you can only do driving school once every five years for a ticket but there is no formal rule on that
Be careful about driving school. Every court that allows Virginia driving school for speeding tickets has rules. Those rules are not published. You should not do Virginia driving school without guidance from the court or a Virginia traffic lawyer. It could actually HURT your case if you break the court's unwritten rules.
Some judges do not like to send people to Virginia driving school for speeding tickets. I have found that these judges do not like it for the following reasons:
- driving school creates an administrative burden on the clerk's office
- if the judge orders driving school, there is no fine if they dismiss the case
These judges will often still reduce a Virginia speeding ticket, but they just don't really like driving school as the way to do it. Every court is different and every judge is different. And they vary at different speeds.
How to Fight a Speeding Ticket in Virginia
How do you fight a speeding ticket in Virginia? This is a common question. Everyone wants their case completely dismissed. Sometimes it is possible. To fight a Virginia speeding ticket you have to plead NOT GUILTY. You need to be aware of Virginia legal defenses. Usually these defenses fall under one of the following categories:
- Radar/LIDAR calibration defense
- error on the ticket
Virginia police officers generally use three methods of speed measurement. They generally measure speed using LIDAR (laser), Radar, or pacing.
LIDAR is laser. The officer has a LIDAR machine that he points a beam at a particular vehicle. Radar is not a laser. It is picking up the fastest moving object within the field and the officer must visually track the fastest vehicle in the field. Pacing is where the officer is on the highway and drives the same speed as the vehicle in front of him/her or behind him/her and uses a calibrated speedometer to pace the target vehicle.
Each method is not foolproof. However, most Virginia judges will accept speed readings pretty readily. The major defense here is the calibration defense. The officer must have an ORIGINAL calibration certificate or a "true copy" for the radar/lidar/speedometer/tuning forks used to calibrate the machines. The calibration must be done within the last 6 months from the date of the offense.
If the officer does not have the proper documentation then the case SHOULD be dismissed. These issues come up more than you would think. There are VERY few traffic lawyers in Virginia. Many people MARKET themselves as such, but I know from experience in court that very few actually know how to present this defense properly. I have found prosecutors who read the calibration certificate wrong.
Errors on the ticket that result in a dismissal are less frequent. Not every mistake on the ticket results in a dismissal. In fact, most do not. However, if the error gets to the heart of the case then it might provide a legal defense.
How to Get Out of a Speeding Ticket in Virginia?
The previous section dealt with how to fight a speeding ticket in Virginia. That is a different question. Here we will answer how to get out of a speeding ticket in Virginia.
In addition to using a legal defense and fighting the ticket, you may be able to present a good case. Getting out of a speeding ticket may involve completing driving school before court. It may involve discussing your Virginia speeding ticket with the prosecutor. Sometimes a calibration helps in
Many times we can avoid points for Virginia speeding tickets even if there is no legal defense. Judges have the ability to reduce a Virginia speeding ticket, even in the absence of a legal defense. Many judges will show a certain amount of leniency and mercy. It really just depends on the facts of the case and what judge is in court.
As and experienced Virginia speeding ticket lawyer I regularly practice in the following locations:
- Emporia
- Greensville
- Sussex
- Brunswick
- Hopewell
- Petersburg
- Mecklenburg
- Dinwiddie
- Hanover
- Chesterfield
- New Kent
- Henrico
- Richmond
- Prince George
- Amelia
- Colonial Heights