What is Reckless Driving in Virgina?
Reckless driving in Virginia involves operating a vehicle in a way that endangers life, limb, or property. It is classified as Class 1 misdemeanor and carries significant penalties such as like large fines, jail time and license suspension.
The definition is intentionally broad meaning police, and the courts can look at how you were driving and whether your conduct created a real risk to others. Factors such as speed, loss of control, erratic maneuvers, and failure to follow traffic laws are considered when determining if driving was reckless.
What Are the Different Types of Reckless Driving in Virginia?
The most commonly recognized form of reckless driving in Virginia is speed-related reckless driving. In the state, driving 20 miles per hour or more over the posted speed limit, or exceeding 85 mph regardless of the speed limit, is automatically considered reckless driving.
Other forms of reckless driving include:
- Driving too fast for conditions (even if you’re below the posted limit), such as in heavy rain, fog, ice, or heavy traffic (VA Code § 46.2-861)
- Not maintaining proper control or driving with faulty/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/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 can qualify (VA Code § 46.2-852).
What Are the Consequences for Reckless Driving in Virginia?
A standard reckless driving conviction in Virginia is a Class 1 Misdemeanor, the most serious type of misdemeanor. Potential consequences can include:
- Up to 12 months in jail
- Up to $2,500 in fines
- License suspension
- Six demerit points in your Virginia driving record
What are Common Defenses for a Reckless Driving Case in Virginia?
Every reckless driving case in Virginia is highly fact-specific, so it is crucial to consult an experienced traffic attorney. Skilled attorneys bring in-depth knowledge of Virginia traffic laws, understand relevant case precedents, and can conduct a thorough assessment of your situation. Common defenses include speed measurement challenges, disputes over the actual driving conditions, or questions about the officer’s or prosecution’s evidence. Attorneys can also present mitigating factors such as a clean driving record, completion of a driver improvement course, or community involvement to strengthen your defense or negotiate alternative sentencing options.
What Should You Do if You Are Charged with Reckless Driving in Virginia?
Being charged with reckless driving in Virginia is serious and can carry significant fines, license suspension, and even jail time. It is important that you reach out to an experienced traffic attorney to prepare a defense.
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