What is Reckless Driving in Virginia?

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Reckless Driving in Virginia is Complicated

Virginia reckless driving can be complicated and confusing. There are 14 different types of reckless driving charges as well as many related lesser offenses. Consequently, two drivers who make the same mistake may be given two different tickets.

Virginia Reckless Driving Does Not Always Mean the Driver Was "Reckless"

Just because a driver is issued a Virginia reckless driving ticket does not necessarily mean the driver put anyone in danger or acted in a reckless manner. Reckless Driving is a name for a class of crimes in Virginia. For instance driving 75 mph in a 55 mph zone is reckless driving in Virginia regardless of whether the driver was being "safe" or "dangerous".

The 14 Types of Virginia Reckless Driving

  • Va. Code 46.2-852: Reckless Driving - General Reckless Driving
  • Va. Code 46.2-853: Reckless Driving - Improper Control/Bad Brakes
  • Va. Code 46.2-854: Reckless Driving - Passing on or at the crest of a grade or on a curve
  • Va. Code 46.2-855: Reckless Driving – Driving with driver's view obstructed or control impaired
  • Va. Code 46.2-856: Reckless Driving – Passing two vehicles abreast
  • Va. Code 46.2-857: Reckless Driving – Driving two abreast in a single lane
  • Va. Code 46.2-858: Reckless Driving - Passing at a railroad grade crossing
  • Va. Code 46.2-859: Reckless Driving – Passing a School Bus
  • Va. Code 46.2-860: Reckless Driving – Failing to give proper signals
  • Va. Code 46.2-861: Reckless Driving – Driving too Fast For Highway Conditions
  • Va. Code 46.2-862: Reckless Driving – Speeding
  • Va. Code 46.2-863: Reckless Driving – Failure to Yield the Right-of-way
  • Va. Code 46.2-864: Reckless Driving – General Reckless in Parking Lots
  • Va. Code 46.2-865: Reckless Driving – Racing
  • Va. Code 46.2-870: Speeding
  • Va. Code 46.2-869: Improper Driving
  • Va. Code 46.2-830: Failure to Obey A Highway Sign
  • Va. Code 46.2-844: Failure to Stop for a School Bus

Va. Code §46.2-862: Reckless Driving by Speed

A driver can be convicted of reckless driving by either 1) going 20 mph over the speed limit or 2) driving over 80 mph. Therefore, a person driving 35 mph in 15 mph zone is guilty of reckless driving, and a person driving 81 mph in a 70 mph zone is also guilty of reckless driving.

Va. Code § 46.2-861: Reckless Driving by Excessive Speed for the Conditions

Driving at or below the speed limit can also be considered reckless driving if the road conditions are not safe enough for that speed. This is a very subjective code section and is much harder to prove than reckless driving by speed under 46.2-862.

Va. Code § 46.2-852: Reckless Driving General

Driving on a public road in a way that endangers the "life, limb, or property" of another person can be reckless driving (even if the only one in danger is the driver). This statute is a catch-all for any unsafe driving practices; such as, driving the wrong way down a one-way street, falling asleep at the wheel, driving while "buzzed", swerving or changing lanes erratically, driving at a dangerous speed, and many other types of behavior.

Reckless driving cases under 46.2-852 are frequently incorrectly charged and prosecuted because the law is subjective and ambiguous. Reckless driving is often the criminal charge issued when there is an accident.

Va. Code § 46.2-864: Reckless Driving on Private Property

This statute covers driving that endangers "life, limb or property" on private property open to the public and on public roads under construction. The most common examples involve parking lots.

Va. Code §46.2-859: Reckless Driving by Passing a School Bus

Passing a school bus while it is stopped to load or unload passengers is considered reckless driving. The driver must remain stopped until the passengers are all clear of the road or until the bus starts moving. This rule does not apply if there is a physical barrier separating the driver’s lane of traffic from the school bus.

Va. Code § 46.2-853: Reckless Driving by Improper Control/Faulty Brakes

Driving a vehicle that is not under proper control or has faulty brakes is considered reckless driving. Falling asleep at the wheel, faulty steering, faulty tires, faulty brakes, driving too fast on icy or wet roads are examples of common 46.2-853 reckless driving charges. Typically this charge is given after an accident.

However, case law indicates that a driver must have had notice that there was something wrong before the accident. If a part of the car breaks or if the driver falls asleep without any warning then there is a potential defense of reckless driving under 46.2-853.

Va. Code § 46.2-855: Reckless Driving with Impaired Control/View Because of Passengers

Driving while passengers obstruct the driver's front or side view, or impair the driver's ability to operate the vehicle, is reckless driving. Often, law enforcement officers charge drivers with this form of reckless driving when there are more passengers than seat belts in the front seats regardless of whether the driver’s view was actually obstructed.

Va. Code § 46.2-854: Reckless Driving by Passing on a Curve

Passing a car on the crest of hill, on a curve, or anywhere with an obstructed view of oncoming traffic is a form of reckless driving.

Va. Code §46.2-856: Reckless Driving by Passing Two Vehicles Abreast

Reckless driving can also include passing two vehicles at the same time by driving on the shoulder or in the on-coming traffic.

Va. Code § 46.2-857: Reckless Driving by Driving Two Abreast in a Single Lane

It is considered reckless driving for two vehicles (other than bikes, motorcycles, or similar vehicles) to travel in the same lane, or for one vehicle to pass another without completely leaving the original lane.

Va. Code § 46.2-858: Reckless Driving by Passing at a Railroad or Pedestrian Crossing

If a driver passes another vehicle at a railroad crossing or while a pedestrian is crossing in front of the passed vehicle, the driver may be charged for reckless driving. There is an exception to this rule if there are multiple lanes dedicated for passing or if the road is marked for passing with a dashed yellow line.

Va. Code § 46.2-860: Reckless Driving by Failing to Signal

It is considered reckless driving to turn, slow down, or stop without giving a proper signal. When turning, the driver must continuously signal for 50 feet before turning if the posted speed limit is 35 mph or less. Otherwise, the driver must signal for 100 feet.

Va. Code § 46.2-863: Reckless Driving by Failure to Yield

Reckless driving also includes cutting off a vehicle on a highway when entering from a side road. If a driver enters a highway from a side road without a yield sign the driver 1) must come to a stop before entering the highway, and 2) must not pull in front of a vehicle that is less than 500 feet away.

Va. Code § 46.2-865: Reckless Driving by Racing

Racing vehicles on public property at any time or on private property open to the public (such as parking lots) without permission is reckless driving. Reckless by Racing also comes with an elevated punishment that includes suspension of the driver's license for at least six months and up to two years.

Virginia Traffic Tickets Related to Reckless Driving

Va. Code 46.2-870: Speeding

The prosecution (or occasionally the judge) may amend the charge of reckless driving by speed to non-criminal speeding. Speeding usually carries a maximum fine of $250 (plus about $62 in court costs) and is not a criminal charge (though fines may be doubled in some areas such as construction zones and Highway Safety Corridors.).

However, a speeding ticket for more than 20 mph over the limit generally has the same effects on insurance as reckless driving at the same speed and carries -6 points which can lead to a DMV administrative suspension if a driver has a bad driving record.

Tickets for speeding less than 20 mph over the limit result in fewer points and generally fewer insurance consequences.

Va. Code § 46.2-869: Improper Driving

At the discretion of the prosecutor, reckless driving may be reduced to improper driving, which is a traffic violation and not a criminal charge. The maximum fine for improper driving is $500 (plus $62 in court costs). Fines may be doubled in some areas such as Highway Safety Corridors. However, improper driving has much less of an effect on insurance premiums and carries only -3 points.

Va. Code 46.2-830: Failure to Obey a Highway Sign

Speeding and some other offenses which may be considered Reckless Driving may also constitute Failure To Obey A Highway Sign. The highway sign in question may be a speed limit sign, a "no U-Turns sign", a "One Way" sign or any other sign. Failure To Obey A Highway Sign is a -3 point violation in Virginia and carries a maximum fine of $250. It is also usually considered a minor traffic infraction by insurance companies as well.

Va. Code § 46.2-844: Failure to Stop for School Bus (Non Reckless)

This code section is almost exactly the same as the reckless version of the same offense only this is a traffic infraction not a criminal charge.