What Are 5 Possible Outcomes of a Reckless Driving by Speed Charge?
If you’re charged with reckless driving by speed in Virginia, there are several possible outcomes, ranging from a criminal conviction to reduced charges or even a dismissal. The final result depends on factors such as the alleged speed, surrounding circumstances, completed mitigation, and how the case is handled in court.
1. Reckless Driving Conviction
The most serious outcome is a reckless driving conviction. If convicted, potential consequences include:
Up to 12 months in jail
License suspension
Up to $2,500 in fines
A permanent criminal record
Demerit points and insurance increases
2. Reduction to Speeding (Traffic Infraction)
In some cases, a reckless driving charge may be reduced to speeding, which is a traffic infraction rather than a criminal offense. While fines and fewer demerit points may still apply, this reduction avoids the misdemeanor consequences, such as jail time, of a reckless driving conviction.
Reduction
Demerit Points
Length on Driving Record
Speeding 1-9 mph over
3
5 years
Speeding 10-19 mph over
4
5 years
Speeding 20+ mph over
6
5 years
3. Reduction to Improper Driving (Traffic Infraction)
Another possible outcome is a reduction to improper driving, which is a traffic infraction, not a criminal misdemeanor. Improper driving is not a standalone offense, meaning a law enforcement officer cannot charge you with it directly. It is a less serious alternative to reckless driving that can only be granted by a judge or, in some cases, by the Commonwealth’s Attorney before trial.
An improper driving conviction carries three demerit points that remain on your driving record for three years, compared to six demerit points that remain on your record for 11 years with a reckless driving conviction.
A reduction to defective equipment is another possible outcome in a reckless driving case in Virginia. Defective equipment is a non-moving traffic infraction that carries no demerit points and is not a criminal offense, though it usually includes paying fines and court costs.
5. Dismissal of the Charge
In some cases, a reckless driving charge may be dismissed entirely. While dismissals are highly case-specific, they can occur due to issues such as insufficient or faulty evidence, procedural errors, problems with speed measurement, or successful mitigation presented to the court. An experienced traffic attorney can help identify these issues, review the evidence, and raise the legal challenges that may lead to a dismissal.
