Reckless Driving in Virginia

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Virginia Reckless Driving is A Criminal Offense

In Virginia, reckless driving can be a very confusing charge. It is also severely punished. Many drivers cited for reckless driving believe they have a speeding ticket when in fact they have been charged with a class 1 misdemeanor criminal offense.

VA Reckless Driving Can Affect Insurance and Result in Jail Time

A Virginia reckless driving conviction may result in up to 12 months in jail, a six month loss of their driver’s license, and can cost thousands of dollars in fines, fees, and court costs. A single VA reckless driving conviction can even double insurance premiums for the next three years.

Virginia reckless driving is a criminal charge and conviction may affect your employment, credit ratings, security clearance, educational opportunities, child custody, and even immigration status. If convicted, reckless driving will remain on your permanent criminal record forever. It cannot be expunged.

Virginia Reckless Driving Has Many Defenses

The various punishments for reckless driving are serious, and a Virginia reckless driving attorney can dramatically improve the chance of a reduced punishment. Do not assume that you will be found guilty and do not assume that nothing can be done.

If you have a reckless driving charge, contact a Virginia reckless driving attorney immediately. Most attorneys will be happy to give you a free consultation.

Types of Virginia Reckless Driving

There are 14 types of reckless driving in Virginia:

  • Va. Code § 46.2-853: Reckless Driving by Improper Control/Faulty Brakes
  • Va. Code § 46.2-854: Reckless Driving by Passing on a Curve
  • Va. Code § 46.2-855: Reckless Driving by Driving with Impaired Control/View Because of Passengers
  • Va. Code § 46.2-856: Reckless Driving by Passing Two Vehicles Abreast
  • Va. Code § 46.2-857: Reckless Driving by Driving Two Abreast in a Single Lane
  • Va. Code § 46.2-858: Reckless Driving by Passing at a Railroad or Pedestrian Crossing
  • Va. Code § 46.2-859: Reckless Driving by Passing a School Bus
  • Va. Code § 46.2-860: Reckless Driving by Failing to Signal
  • Va. Code § 46.2-861: Reckless Driving by Excessive Speed for the Conditions
  • Va. Code § 46.2-862(i) & (ii): Reckless Driving by Speed
  • Va. Code § 46.2-852: Reckless Driving General Rule
  • Va. Code § 46.2-863: Reckless Driving by Failure to Yield
  • Va. Code § 46.2-864: Reckless Driving on Private Property
  • Va. Code § 46.2-865: Reckless Driving by Racing

Reckless Driving By Speed in Virginia (46.2-862)

The most common forms of reckless driving in Virginia are reckless by speeding and reckless general. A driver can be convicted for reckless by speed for 1) driving 20 mph faster than the speed limit or 2) going more than 80 mph. Consequently, a person driving 45 mph in a 25 mph zone can be charged with reckless driving, and a driver going 81 mph in a 70 mph zone may also be guilty of reckless driving.

Va General Reckless Driving (46.2-852)

In Virginia, "Reckless General" means, driving in a way that endangers "life, limb, or property' (even if the only one is danger is the driver). This statute covers any unsafe driving practices, such as driving the wrong way down a one-way street, aggressive driving behavior, falling asleep at the wheel, driving while buzzed, swerving or changing lanes erratically, driving at an extremely high rate of speed, and anything else an officer believes is dangerous.

Virginia Reckless driving cases under 46.2-852 are often the easiest to defend because they are frequently charged incorrectly due to the ambiguity of the law. Virginia Reckless General tickets are common whenever there is an auto accident.