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Traffic Offenses

Reckless Driving

What is Reckless Driving in Virginia?


Reckless Driving in Virginia: At a Glance

  • Type of offense: Class 1 misdemeanor
  • Fines: Up to $2,500
  • Jail time: Up to 12 months
  • DMV demerit points: 6 points
  • License suspension: Up to 6 months
  • Court appearance: Required — you cannot prepay or handle this online

Reckless driving in Virginia is more than just a traffic ticket. It is a criminal offense. A conviction results in a permanent criminal record, not just points on your driving record, and can affect employment opportunities, professional licenses, securityclearances, and background checks long after the case is resolved.

Unlike a standard speeding ticket, reckless driving in Virginia covers a wide range of driving behaviors that many drivers do not realize qualify as criminal offenses. Charges can stem from excessive speed, loss of vehicle control, faulty brakes, and several other behaviors.

It is also important to know that reckless driving in Virginia requires a mandatory court appearance in most cases. You cannot prepay the fine or handle it online the way you might with a standard speeding ticket.

Since the consequences of a reckless driving charge are significantly more serious than an ordinary traffic violation, understanding your legal options is an important first step after being charged with reckless driving in Virginia.

What does Virginia Law say about Reckless Driving?


The most commonly recognized form of reckless driving in Virginia is speeding related reckless driving governed under VA Code § 46.2-862.

In Virginia, driving 20 miles per hour or more over the posted speed limit, or exceeding 85 mph regardless of the speed limit, is considered reckless driving.

However, reckless driving in Virginia is not limited to speed alone. Other forms of reckless driving include:

  • Driving too fast for conditions (even if below the posted speed limit), such as in heavy rain, such as in heavy rain, fog, ice, or heavy traffic (VA Code § 46.2-861)
  • Not maintaining proper control or operating a vehicle with faulty or inadequate brakes (VA Code § 46.2-853)
  • Driving with an obstructed view or impaired control (for example, overloaded vehicle or too many people in the front seat) (VA Code § 46.2-855)
  • Failing to give proper and timely turn/stop signals when required (VA Code § 46.2-860)
  • Dangerous driving on certain non-highway premises open to the public (like school or church driveways, business or government parking lots, and roads under construction) (VA Code § 46.2-864)
  • Racing or “exhibition driving” on highways or qualifying public-access property without
    authorization (VA Code § 46.2-865)

It is also important to note that you can still be charged with reckless driving for any manner of driving that endangers life, limb, or property under VA Code § 46.2-852.

What are the penalties for Reckless Driving in Virginia?


Reckless driving is a Class 1 misdemeanor, the most serious type of misdemeanor in Virginia. If convicted, potential consequences include:

  • Up to 12 months in jail
  • Up to $2,500 in fines
  • Up to 6 months license suspension
  • Six (6) demerit points on your Virginia driving record
  • A permanent criminal record
  • Possible higher insurance premiums

In addition to these penalties, a reckless driving conviction in Virginia means the offense becomes part of your permanent criminal record. This can affect employment opportunities, professional licenses, security clearances, and background checks long after the case is resolved

Can a Reckless Driving charge be reduced or dismissed in Virginia?


In many cases, yes. A reckless driving charge in  Virginia is not automatically a conviction. Depending  on factors like the circumstances of your stop, your  driving history, and how your case is handled, there  may be options to reduce or even dismiss the charge  entirely. Every reckless driving case is different and  fact specific, which is why consulting an experienced  attorney is important.

Common defenses include:

  • Challenges to how your speed was measured
  • Disputes over the actual driving conditions at the time of the stop
  • Questions about the officer’s evidence or how the stop was conducted
  • Mitigating factors such as a clean driving record, completion of a driver improvement course, or community involvement

Recent Outcomes


Disclaimer

Each case is unique and case results depend on your individual situation. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.

The testimonials on this website reflect the real-life experiences and opinions of our clients. However, the experiences are personal to those particular clients and may not necessarily be representative of all clients. We do not claim, and you should not assume that all clients will have the same experience. Your outcome may vary.

What should I do if I was charged with Reckless Driving in Virginia?


If you have been charged with reckless driving, here are a few important steps to take:

  • Do not miss your court date — Unlike a speeding ticket, reckless driving requires a mandatory court appearance. Missing your court date can result in additional charges and a suspended license
  • Write down everything you remember about the stop — Road conditions, your speed, how your speed was measured, and what the officer said can all be relevant to your defense
  • Contact an attorney as soon as possible — An experienced reckless driving attorney can review your case, explain your options, and help you determine the best path forward.

At Driving Defense Law, our traffic attorneys represent drivers throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Newport News, Hampton and Portsmouth. We handle reckless driving cases in Virginia courts every day and understand the local court system and what it takes to help our clients pursue the best possible outcome. For a free consultation, please call us at 775-929-0335 or fill out the form below

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