You are on the highway, you glance down, and you are doing 86. A Virginia reckless driving lawyer hears the disbelief all the time: I could go to jail for that? Technically, yes. In Virginia, the number 86 crosses a line that turns an ordinary drive into a criminal charge, and understanding why is the first step to fighting it. Here is what the law actually says.
Yes. Under Va. Code § 46.2-862, you commit reckless driving by speed if you drive 20 mph or more over the posted limit, or faster than 85 mph anywhere in the Commonwealth, no matter what the limit is. That second part is what surprises people. On an interstate posted at 70, 86 mph is only 16 over, which would normally be a speeding ticket. But because 86 is above 85, it is reckless driving on its own. The speed limit does not matter once you pass 85.
This is where it stops being a ticket. Reckless driving is a Class 1 misdemeanor, the most serious misdemeanor level in Virginia and the same category as a first DUI. Under Va. Code § 46.2-868, the penalty can include up to 12 months in jail, a fine of up to $2,500, or both.
That does not mean everyone doing 86 goes to jail. At the lower end, active jail time is uncommon for an otherwise clean record. But the exposure is real, and it climbs quickly with speed. The higher over 85 you go, the more seriously courts treat it, and once you reach triple digits the risk of actual jail time and a longer license suspension rises sharply.
| Speed | How Virginia treats it |
|---|---|
| Up to the limit, minor over | Traffic infraction (a ticket) |
| 20+ mph over the limit | Reckless driving, Class 1 misdemeanor |
| Over 85 mph (any limit) | Reckless driving, Class 1 misdemeanor |
| Over 100 mph | Reckless driving with the harshest exposure, including likely license loss |
A reckless driving charge starts with a speed reading, but that reading is not automatically the last word. The radar or lidar unit has to be properly calibrated and operated, and calibration records can be requested and challenged. How the officer measured your speed, the conditions, and whether the equipment was working correctly all matter. A charge based on 86 can sometimes be reduced to a lesser offense like improper driving, or challenged outright, depending on the evidence. That is exactly why what looks like an open-and-shut number often is not.
The sentence in court is only part of it. A conviction adds six demerit points to your Virginia driving record and stays on that record for 11 years, according to the Virginia DMV, the same treatment as a DUI. The criminal conviction itself is permanent and can show up on background checks run by employers and landlords. Insurance rates typically rise as well. A single 86-mph reading can follow you for years, which is why the charge deserves more attention than a normal ticket.
If you were cited for reckless driving by speed, do not assume the number on the ticket decides your future. There is often real room to challenge the reading or negotiate the charge down, and the stakes, jail exposure and a permanent record, are high enough to take seriously.
Is 86 mph automatically reckless driving in Virginia?
Yes. Virginia law makes any speed over 85 mph reckless driving, regardless of the posted limit. So even on a highway posted at 70, hitting 86 is a criminal charge, not a simple speeding ticket. This catches many drivers off guard, because 86 in a 70 zone feels minor. The law does not see it that way once you pass 85. That is why a reading of 86 or higher should be treated as the serious charge it is.
Will I actually go to jail for going 86?
Usually not at that speed, but the possibility exists. For a first offense with an otherwise clean record, courts often resolve a low-end reckless driving case without active jail time. The exposure is real, though, because the charge legally allows up to 12 months. As the speed climbs, especially into the 90s and above 100, the chance of real jail time and a license suspension increases significantly. The safest assumption is that jail is on the table and worth avoiding with a solid defense.
Can I fight a reckless driving charge based on speed?
Often, yes. A speed reading depends on equipment that must be calibrated and operated correctly, and those records can be requested and challenged. Depending on the facts, a charge can sometimes be reduced to a lesser offense like improper driving or challenged outright. The strength of the defense depends on how your speed was measured and the circumstances of the stop. An attorney can evaluate whether the evidence holds up before you simply plead guilty.
Does reckless driving stay on my record in Virginia?
Yes. A reckless driving conviction is a criminal conviction that generally cannot be expunged, so it stays on your record permanently and can appear on background checks. On the driving side, it adds six demerit points and remains on your DMV record for 11 years, the same as a DUI. Those points and the conviction can raise your insurance. Because the consequences last so long, resolving the charge favorably at the start matters more than people expect.
This article is general legal information about Virginia law, not legal advice, and it does not create an attorney-client relationship. Every case depends on its specific facts. For advice about your situation, speak with a licensed Virginia attorney.