What Is the Difference Between an Infraction and a Misdemeanor in Virginia?
Quick Answer: In Virginia, a traffic infraction is a non-criminal violation, like most speeding tickets, punishable by a fine of up to $250 plus DMV demerit points. A misdemeanor, like reckless driving or driving on a suspended license, is a criminal charge that can bring jail time, a fine of up to $2,500, and a criminal record.
In this article:
What is a traffic infraction in Virginia?
What is a traffic misdemeanor in Virginia?
Why reckless driving is so serious in Virginia
How to tell which one you are facing
What to do next
Frequently asked questions
Watch: Attorney Steven Thomas explains the difference between an infraction and a misdemeanor in Virginia.
What Is a Traffic Infraction in Virginia?
A traffic infraction is a violation of Virginia’s motor vehicle laws that is not a crime. Under Va. Code § 46.2-113, unless a statute says otherwise, a traffic violation is an infraction punishable by a fine of up to $250 under Va. Code § 18.2-11(d).
Common infractions inclue:
Speeding less than 20 mph over the limit (and not over 85 mph)
Running a red light
Following too closely
Improper lane changes
An infraction cannot put you in jail. It does, however, go on your DMV record and usually adds demerit points. For example, the Virginia DMV assigns 4 points for speeding 10 to 19 mph over the limit, and that conviction stays on your driving record for 5 years. Points can raise your insurance rates, and too many can lead to a DMV-ordered driver improvement clinic or suspension.
Many infractions can be prepaid without going to court under the Supreme Court of Virginia’s uniform fine schedule. Prepaying is a guilty plea, so the conviction and points still go on your record.
Why Reckless Driving is So Serious in Virginia
Many drivers are surprised to learn that a speeding ticket can be a criminal charge in Virginia. Under Va. Code § 46.2-862, driving 20 mph or more over the speed limit, or faster than 85 mph anywhere, is reckless driving.
That means going 75 in a 55 zone, or 86 on the interstate, can turn an everyday ticket into a Class 1 misdemeanor. According to the Virginia DMV, a reckless driving conviction adds 6 demerit points and stays on your driving record for 11 years. It also creates a criminal record.
Can a Misdemeanor Be Reduced to an Infraction?
Sometimes. A common outcome in reckless driving cases is a reduction to improper driving under Va. Code § 46.2-869, which is a traffic infraction. Improper driving carries 3 DMV demerit points instead of 6 and does not create a criminal record. In some cases, a reckless driving charge may also be reduced to a simple speeding infraction as well.
Whether a reduction is possible depends on factors like your speed, your driving record, the court, and what steps you take before your court date, such as completing a driver improvement clinic. No outcome is guaranteed, but this is one of the main reasons you may want to talk to a lawyer before you go to court.
How to Tell Which One You Are Facing
There are a few things that you can check on your ticket or summons to determine if you were charged with an infraction or misdemeanor. Some include:
The charge description.
Your recorded speed.
Whether you can prepay.
Whether you are required to appear in court.
If you are still not sure after reviewing your ticket, call or text our team at 757-929-0335 and we can help.
What to Do Next
Do not ignore your ticket or summons or assume it is “just a normal speeding ticket.”
Write down your court date and the court listed on the summons.
Talk to a traffic defense lawyer before your court date. Depending on the facts, options may include challenging the evidence or seeking a reduced charge.
Frequently Asked Questions
Is a speeding ticket a misdemeanor in Virginia?
It depends, driving 20 mph or more over the limit, or faster than 85 mph, is reckless driving, which is a Class 1 misdemeanor and a criminal charge.
Can I go to jail for reckless driving in Virginia?
Potentially, yes. Reckless driving is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. Whether a judge imposes jail depends on the facts, such as speed, driving record, and the court.
Can I just pay my ticket online?
Many infractions can be prepaid, but paying is a guilty plea and the conviction goes on your record. Misdemeanors like reckless driving generally require a court appearance. Check your summons and talk to a lawyer before paying anything.
What happens if I miss court?
For an infraction, the court may find you guilty in your absence. For a misdemeanor, missing court can lead to a separate criminal charge for failure to appear and a warrant for your arrest. If you cannot make your court date, contact the court or a lawyer before the date, not after.
Talk to Driving Defense Law About Your Virginia Traffic Charge
Whether you are facing an infraction or a misdemeanor, knowing what is at stake is the first step. Our attorneys appear in courts throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Hampton, and Newport News. Book a free consultation using the form below or call/text our team at 757-929-0335.
