West Virginia's Speeding Laws and Ticket Penalties

Most West Virginia drivers will, at some point, receive a speeding ticket. This article explains the differences between the two types of speed limits and the consequences of a speeding violation.

How Do West Virginia's Speed Limits Work?

West Virginia has two types of speeding laws: "absolute limits" and a "basic speeding law." Below, we explain how these speed limits work. (W. Va. Code Ann. § 17C-6-1.)

West Virginia's Maximum (Absolute) Speed Limits

There's no trick to how West Virginia's absolute speed limits work: If the absolute speed limit is 50 miles per hour and you drive faster than that, you've violated the law. West Virginia's absolute speed limits include (unless otherwise posted):

• 15 miles per hour in school zones when children are present
• 25 miles per hour in business and residential districts, and
• 55 miles per hour on most open country highways.

Normally, signs indicate what the absolute speed limit is for that portion of the roadway.

West Virginia's Basic Speeding Law

In addition to the absolute limits, West Virginia's basic speeding law prohibits driving at a speed that's greater than "reasonable and prudent under the existing conditions and the actual and potential hazards." The basic speeding law also requires drivers to reduce their speed appropriately when approaching railroad crossings, curves, a hillcrest, or other hazards.

In other words, motorists must always drive at a safe speed. What a safe speed is will depend on the circumstances. In other words, what might be a safe speed in perfect conditions could be unsafe if the road is slippery or visibility is limited.

Speeding Ticket Penalties in West Virginia

The fines for a speeding violation depend on the circumstances. But generally, speeding is a misdemeanor and the possible penalties are:

• First violation. For the first offense within a year, the motorist faces up to $100 in fines.
• Second violation. A second speeding violation within a year carries up to $200 in fines.
• Third violation. Generally, a third or subsequent speeding violation within a two-year period will cost the driver up to $500 in fines. However, if the third violation involves a speed that's at least 15 miles per hour over the limit, the driver faces up to six months in jail and/or a maximum of $500 in fines.
• School zone violations. For most speeding violations in a school zone, the fine will be between $100 and $500. But a driver who was exceeding the speed limit by at least 15 miles per hour faces up to six months in jail and/or $100 to $500 in fines.

These penalties, of course, assume that you're ultimately convicted of speeding. You might, however, have options for fighting your speeding ticket.

Traffic Violation Points for Speeding Tickets in West Virginia

A speeding ticket will typically add points to a motorist's driving record. Accumulating too many points can lead to license suspension.

Reckless Driving and Vehicular Homicide Charges in West Virginia

Depending on the circumstances, a speeding violation can lead to a "reckless driving" conviction. And if a speeding violation results in the death of another person, it's possible to be convicted of "negligent homicide."