Photo by takahiro taguchi on Unsplash
Have you been charged with a reckless driving offense or racing? A new law is on the way which will drastically affect Virginia drivers.
House Bill Number 2096 was signed into law and will implement the Intelligent Speed Assistance Program starting July 1, 2026. This gives Virginia judges a powerful new tool to slow the dramatic increase in reckless driving and racing cases we have seen in Hampton Roads since the COVID-19 pandemic.
As of now, if you are convicted of reckless driving in Virginia, the judge has the authority to fine you up to $2,500, impose up to 365 days of jail, and suspend your privilege to drive in Virginia for up to 6 months.
HB 2096 gives Virginia judges the authority to require the installation of an “Intelligent Speed Assistance System”. This is a device that “limits the speed at which a motor vehicle is capable of traveling based on the applicable speed limit where such motor vehicle is being operated.” (This will be defined in § 46.2-507(A)).
Starting July 1, 2026, § 46.2-393(C) will state:
C. Notwithstanding the provisions of subsection A, when any person is convicted of reckless driving pursuant to § 46.2-861 or 46.2-862, in addition to any penalties provided by law and as an alternative to suspending such person’s driver’s license, the court may, in its discretion and for good cause shown, require that such person enroll in the Intelligent Speed Assistance Program established pursuant to § 46.2-507 for a period of not less than 60 days nor more than six months. However, if such person was convicted of reckless driving pursuant to § 46.2-862 and was found to have been driving on the highways of the Commonwealth in excess of 100 miles per hour, the court shall order such enrollment for such period of time, unless the court has ordered suspension of such person’s driver’s license pursuant to subsection A. No restricted license issued nor enrollment in the Intelligent Speed Assistance Program required pursuant to this section shall permit any person to operate a commercial motor vehicle, as that term is defined in § 46.2-341.4.
So for those convicted of reckless driving too fast for conditions (under 46.2-861), or for speeds 100 mph or slower (for a conviction under 46.2-862), the judge can order the installation of the speed control device for between 60 days and six months. For those convicted of reckless driving for speeds 101 mph or faster, the judge shall require installation of the device for six months to two years, unless the judge suspends the defendant’s license instead.
This current language puts the judge in a very tough position for those found guilty of reckless driving by speed in excess of 100 mph. Either the judge is required to suspend the driver’s license for between 60 days and 6 months, or the judge must require installation of the speed limiting device for six months to two years!
The judge will also have the authority to order enrollment into the program for those convicted four times of a violation of § 46.2-865 (racing) for five years (under the new § 46.2-394).
The Intelligent Speed Assistance Program is set to be run by the Commission on the Virginia Alcohol Safety Action Program (VASAP), which has traditionally only monitored those convicted of DUIs and other alcohol/drug based offenses. It is unclear as of yet the cost or reliability of these devices.
If you have been charged with a reckless driving or racing offense in Hampton Roads (Virginia Beach, Chesapeake, Norfolk, Portsmouth, Newport News, Hampton) or the Eastern Shore (Northampton (Eastville), or Accomack), contact us today for your free initial consultation to learn more about your options, and how we can fight for you.
Call (757) 384-4357 or click here to schedule a free consultation.