You're scheduled to appear in court next month for driving 105 mph on the I-464 near Portsmouth. Your driver’s license is at risk, your insurance rates will skyrocket, and you're worried about jail time. Then, you hear about a new Virginia law that could require something called an Intelligent Speed Assistance (ISA) device in your car. What does this mean for your case?
Starting July 1, 2026, Virginia judges will have the authority to order ISA devices for certain reckless driving convictions. Virginia reckless driving defense attorney James Short helps clients understand how this new law works and what it means for those facing charges. While these devices aren't yet in use, knowing what's coming can help you prepare for the legal landscape ahead.
What Are Intelligent Speed Assistance Devices?
Intelligent Speed Assistance systems use GPS technology and digital speed limit databases to monitor and control vehicle speed. The device knows your location and the posted speed limit. When you exceed that limit, it responds by physically preventing your vehicle from going faster.
This is dramatically different from the warning-only systems found in some newer European vehicles. Virginia's law specifically requires "active" ISA systems that actually limit your car's maximum speed based on posted limits. Think of it like a governor on a rental truck, except this one adjusts automatically based on where you're driving.
The technology draws from speed limit databases that update wirelessly, similar to how your phone's navigation system knows current speed limits. When you enter a school zone where the limit drops to 25 mph, the device immediately recognizes this change and prevents your vehicle from exceeding that speed.
When Virginia Courts Will Require ISA Devices
Virginia House Bill 2096, which takes effect July 1, 2026, establishes when judges can order these intelligent speed assistance devices. The law targets the most serious speeding offenders while offering an alternative to license suspension.
Speeding Over 100 mph
Judges must order ISA installation for anyone convicted of reckless driving at speeds exceeding 100 mph, unless they suspend the person's license instead. For context, Virginia defines reckless driving as driving 20 mph or more above the posted limit or exceeding 85 mph, regardless of the posted limit under § 46.2-862.
License Suspension Alternative
The new law also allows ISA as an alternative to license suspension for drivers who accumulate excessive demerit points. When the Department of Motor Vehicles (DMV) sends a notice about potential suspension due to points, drivers will have the option to enroll in the ISA program instead.
How Long Must the ISA Device Be Installed?
Program duration varies based on offense history. First-time offenders might face 60 days to six months with the device. For racing convictions, the penalties escalate significantly. A fourth conviction for racing could result in a five-year license revocation, but the court may instead order ISA installation for up to five years as an alternative.
How the Virginia ISA Program Will Work
The Virginia Alcohol Safety Action Program (VASAP) will administer the ISA program, similar to how they oversee ignition interlock programs for DUI offenders. Participants must install a certified ISA on each vehicle they own or that's registered to them, and they may not operate any vehicle that isn't ISA-equipped.
ISA Device Installation
Professional installation will be required. The law doesn't yet specify the exact connection method, though connection to the vehicle's onboard diagnostic system is one likely approach. NHTSA is not aware of commonly available aftermarket ISA interlock systems in the U.S. market yet. Virginia will need to certify approved systems before the program launches in July 2026.
Expected ISA Costs
Based on similar monitoring devices like ignition interlocks, estimated installation costs for intelligent speed assistance devices could range from $300 to $600, with monthly monitoring fees between $75 and $150. These are provisional estimates; actual ISA pricing won't be established until Virginia certifies devices and they become available.
Data Logging
The devices will log detailed driving information, including locations, speeds, and any attempts to exceed limits. Program data are logged and can be provided to VASAP and, as needed, to the court for compliance monitoring. The law requires these systems to electronically deliver information to VASAP within 24 hours when requested.
Penalties for Tampering
Tampering with the ISA device or attempting to bypass it will be a Class 1 misdemeanor under the new law. This means additional criminal charges, potential jail time up to 12 months, and fines of up to $2,500.
Commercial Vehicle Operation
Participants in the ISA program cannot operate commercial vehicles while enrolled. If your job requires a commercial driver's license, this creates a serious problem. You'd need to discuss alternative employment or different sentencing options with your Chesapeake defense attorney.
How This Affects Your Reckless Driving Defense
If you face reckless driving charges after July 2026, understanding ISA requirements becomes part of your defense strategy. Judges will consider whether you've taken proactive steps, like defensive driving courses or voluntary speed monitoring, when deciding on sentencing.
The law allows pre-qualification, meaning you could potentially have an ISA device installed before trial. Courts may view this favorably as evidence of your commitment to safer driving.
However, several important considerations affect whether ISA makes sense for your situation. Financial hardship matters. If installation and monitoring costs would prevent you from working or meeting other obligations, your attorney can argue for alternatives. Employment needs also play a role; if you need to drive commercially or travel for work in ways incompatible with speed restrictions, this impacts feasibility.