Alexandria, VA asked in Traffic Tickets for Virginia

Q: My speeding ticket for 52 in 35 citing VA code 46.2-875, but court site RD-GENERALLY-MISD 46.2-852. Is this correct?

This a class 1 misdemeanor according to court record but I thought it had to be over 20mph to be a misdemeanor reckless driving charge. Below 20 mph would be reckless driving but not a misdemeanor (i thought).

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1 Lawyer Answer
Daniel P Leavitt
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  • Traffic Tickets Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: If the only thing that you received was a ticket from the officer for driving 52 mph in a 35 mph zone and you are correct, it is a speeding ticket and not reckless driving.

The ticket that you received should govern. I am assuming the officer didn't go down and get a warrant for reckless driving based on other facts like weaving in and out of traffic or other endangerment that could be considered reckless driving.

46.2-852 is the general reckless driving law. But if the officer only told you that you were pulled over for 52 mph in a 35 mph zone and only issued you a ticket for that and didn't mention anything that could be considered reckless driving then it seems like the court has made a mistake.

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