Be it enacted by the General Assembly of Virginia:

1. That §46.2-862 of the Code of Virginia is amended and reenacted as follows:

§46.2-862. Exceeding speed limit.

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty 80 miles per hour regardless of the applicable maximum speed limit. Notwithstanding the foregoing provisions of this section, upon the trial of any person charged with reckless driving under this section, the jury or the court trying the case without a jury in its discretion may find the accused not guilty of reckless driving but guilty of speeding under Article 8 (§ 46.2-870 et seq.) of Chapter 8. The provisions of §46.2-869 shall not apply to a person charged with reckless driving under this section.