What Is Considered Reckless Driving in Virginia: A Comprehensive Guide
Seeing “reckless driving” on a Virginia Uniform Summons can be jarring. If you are asking what is considered reckless driving in VA, it depends on the specific code section listed on your summons, not just the officer’s opinion about your driving.
Reckless driving in Virginia encompasses a wide variety of offenses, and for the first-time ticket-holder for a
reckless driving offense,
you may be surprised at what exactly is considered reckless driving.
Contact us today at 540-318-5824 to discuss your case and learn how we can help you.
What Is Reckless Driving?
When people ask what is considered reckless driving in Virginia what is considered reckless driving, they are often surprised to learn that Virginia law defines it much more broadly than most states. Reckless driving is not just about dangerous behavior or intent. Instead, Virginia law treats certain driving actions as inherently unsafe, even if no one was hurt and no accident occurred.
Reckless driving is a criminal offense, not a simple traffic infraction. A conviction creates a criminal record and can carry jail time, fines, license suspension, and long-term insurance consequences. Many drivers receive reckless driving charges for conduct they assumed would result in an ordinary speeding ticket.
Because Virginia’s reckless driving statutes cover multiple scenarios, the specific charge depends on what law enforcement alleges happened at the time of the stop or accident. Understanding the exact statute involved is critical to understanding your exposure and defense options.
The first and most unexpected part of reckless driving, especially for out-of-state drivers, is the reckless-driving-by-speed statute.
Virginia Code § 46.2-862 says that if you’re driving at any speed over 85 mph or more than 20 mph over the speed limit in any zone, then you’re considered to be reckless driving.
To most people, this is just a regular speeding ticket. It’s not a serious reckless driving offense in many states to be going only 20 miles over the speed limit. It is also surprising because in some areas of Virginia, the interstate speed limit is now 70 mph, so you could get a reckless driving ticket for going 86 mph in a 70 mph zone. There have been several attempts by legislators to change the reckless driving statute due to this increase in the speed limit; however, those attempts have failed, and so the law remains.
Another surprising form of reckless driving in Virginia is
failing to maintain control of your vehicle under Virginia Code § 46.2-853. That statute says that it is reckless driving for anyone to fail to maintain proper control of their vehicle or to drive a vehicle with improperly adjusted brakes.
What Does That Mean?
The failure to maintain control statute is used in many cases where it’s a single-vehicle accident or the officer simply can’t pinpoint a more specific cause for the accident. If you have a vehicle that simply goes out of control and hits another car, a lot of times the driver will end up charged with reckless driving, failure to maintain control. It’s kind of used as a sort of catchall statute in that regard.
Also, it’s surprising to many people when they have a single-vehicle accident, and they’re issued a reckless driving failure to maintain a control ticket. Many people don’t consider that to be reckless driving if you just go off the road by yourself and don’t hit anyone else; however, in Virginia, that is considered a reckless driving charge.
If you have a single-vehicle accident, we have a strong argument to win the case if the Commonwealth can’t prove what exactly happened; however, you usually will start off with a reckless driving ticket.
As you can see, reckless driving in Virginia encompasses many different statutes, and these are only two of the numerous versions of reckless driving in our Commonwealth. If you’re charged with reckless driving in Virginia, you definitely need to learn more about the specific charge that you’re facing and consult with me.
We are a local, experienced traffic attorneys who regularly handle reckless driving cases in the court in question.
Examples of Reckless Driving
If you’re still unsure of what’s considered reckless driving, some examples may help. While speeding leads to the most reckless driving charges, other behaviors create risk as well. Here are some examples of reckless driving charges against Virginia drivers:
- Running a red light,
- Racing on highways,
- Running from law enforcement,
- Texting while driving,
- Tailgating,
- Weaving through traffic, and
- Improper passing across a solid highway line.
Many of these behaviors could receive traffic citations other than reckless driving. Because there is some discretion given to prosecutors when it comes to charging decisions, you need a skilled defense attorney to advocate for your charges to be reduced.
Which Virginia Laws Can Support a Reckless Driving Charge?
Virginia has 15 main conduct-based reckless driving provisions, with speed being only one of them. The code section on your summons determines what the Commonwealth must prove:
- Virginia Code § 46.2-852—driving recklessly or in a manner that endangers life, limb, or property;
- Virginia Code § 46.2-853—failing to maintain proper control or driving with inadequate or improperly adjusted brakes;
- Virginia Code § 46.2-854—passing near a hillcrest or curve where the driver’s view is obstructed;
- Virginia Code § 46.2-855—driving with passengers or cargo that blocks the driver’s view or interferes with control;
- Virginia Code § 46.2-856—passing or attempting to pass two vehicles abreast where no statutory exception applies;
- Virginia Code § 46.2-857—driving beside another motor vehicle in a lane intended for one vehicle;
- Virginia Code § 46.2-858—passing at certain railroad crossings, intersections, or while pedestrians are crossing;
- Virginia Code § 46.2-859—failing to stop for a qualifying stopped school bus;
- Virginia Code § 46.2-860—failing to give an adequate and timely signal before turning, slowing, or stopping;
- Virginia Code § 46.2-861—driving too fast for the existing road, weather, visibility, or traffic conditions;
- Virginia Code § 46.2-861.1—failing to move over or reduce speed for certain stationary vehicles displaying warning lights;
- Virginia Code § 46.2-862—driving at least 20 mph over the limit or faster than 85 mph;
- Virginia Code § 46.2-863—failing to stop or yield when entering a highway from a side road;
- Virginia Code § 46.2-864—endangering someone in certain public parking areas, private premises open to the public, or unopened highways; and
- Virginia Code § 46.2-865—racing or exhibition driving on highways or certain properties open to the public.
Article 7 also includes provisions for injury or death resulting from racing or exhibition driving, aiding such conduct, vehicle seizure or impoundment, and related criminal penalties. Most reckless driving convictions are Class 1 misdemeanors, but certain cases may be elevated to a Class 6 felony or another felony offense.
Is Aggressive Driving the Same as Reckless Driving?
No. Aggressive driving is a separate Virginia offense that involves specific traffic violations combined with conduct that creates a hazard or is intended to harass, intimidate, injure, or obstruct another person. Reckless driving is a distinct offense with different legal elements. Depending on intent, aggressive driving may be charged as a Class 1 or Class 2 misdemeanor, and the court may require completion of an aggressive driving program.
A driver accused of tailgating, speeding, or making an unsafe lane change is not automatically guilty of aggressive driving. The Commonwealth must prove the additional hazard or intent required by the statute. This distinction is important because “road rage,” “aggressive driving,” and “reckless driving” are not interchangeable legal terms.
What Is the Minimum Penalty for Reckless Driving in Virginia?
Many drivers focus on the maximum penalties listed in the statute, but they also want to know the minimum penalty. Even though there are maximum sentences, judges are not required to impose them in every case.
The minimum outcome often depends on factors such as speed, driving history, whether an accident occurred, and how the case is presented in court. Some first-time offenders avoid jail, while others face active incarceration, even without prior convictions.
Because reckless driving is criminal, there is no guaranteed “standard” penalty. Preparation, mitigation, and advocacy can significantly affect sentencing outcomes.
Reckless Driving Penalties
A charge of reckless driving is a Class 1 misdemeanor, which carries these penalties:
- A maximum fine of $2,500,
- Six DMV points,
- Up to 12 months in jail, and
- Potential driver’s license suspension.
If reckless driving caused someone’s death, penalties can increase if the driver was driving without a valid license due to suspension or revocation for a moving violation. You can lose your license for up to a year and face a Class 6 felony, punishable by up to five years in prison. Some circumstances, such as racing, can bring even longer prison time.
Why Virginia Treats Reckless Driving So Seriously
Virginia treats reckless driving as a public safety offense rather than a routine traffic violation. Lawmakers have determined that certain driving behaviors pose enough risk to justify criminal penalties, even when no accident occurs. This approach gives prosecutors and judges broad discretion to address conduct they believe endangers others on the road.
Because Virginia classifies reckless driving as a Class 1 misdemeanor, courts view it differently from speeding tickets or other infractions. Judges often focus on deterrence, a driver’s history, and the circumstances surrounding the charge when deciding on penalties.
This strict framework explains why the criminal court handles reckless driving cases and why outcomes can vary widely depending on how the case is presented. It also explains why these charges should not be treated casually or handled without legal guidance.
Why Does a Reckless Driving Charge Create Extra Risk for CDL Holders?
Commercial drivers face consequences beyond Virginia DMV demerit points. Under state and federal CDL rules, reckless driving and speeding 15 mph or more above the limit are serious traffic violations. Two serious violations within three years can result in a 60-day commercial disqualification, while three or more result in a 120-day disqualification.
Consequences depend on whether the driver was operating a commercial or personal vehicle and whether the conviction affects regular driving privileges. A restricted license or Intelligent Speed Assistance Program order does not permit operation of a commercial motor vehicle. CDL holders should address employer reporting requirements and potential federal disqualification before resolving the charge.
Reckless Driving Versus Improper Driving in Virginia
Many drivers wonder why they were charged with reckless driving instead of improper driving. Improper driving is not a separate offense but a reduction that courts may grant when the evidence shows reckless behavior was minor or unlikely to recur.
Unlike reckless driving, improper driving is a traffic infraction, not a criminal offense. It carries lower fines, no jail time, and fewer long-term consequences. However, judges do not automatically reduce charges.
Courts consider improper driving reductions only after reviewing the facts, driving record, and circumstances of the case. Legal advocacy often plays a key role in whether this option becomes available. The prosecuting attorney (i.e., the Commonwealth’s Attorney in Virginia) also has the power to amend reckless driving down to improper driving.
What Should an Out-of-State Driver Do with a Virginia Summons?
Start with the Virginia Uniform Summons. Confirm the charge description, code section, court, hearing date, and alleged speed or conduct. Reckless driving charges generally cannot be prepaid like ordinary traffic tickets, and paying a ticket does not resolve the case.
Virginia can restrict a nonresident’s driving privileges within the Commonwealth. Convictions may be reported through interstate licensing systems, but the home state determines how to handle them under its own laws. Do not assume Virginia’s six-point assessment will result in the same points in your home state.
Court appearance requirements vary. In some cases, an attorney may request that an out-of-state client be excused from appearing, but only the court can grant this. Counsel can also determine whether radar or LIDAR calibration records, a speedometer calibration, a certified driving record, or a driver improvement clinic would be helpful. A driver improvement course and VASAP serve different purposes. VASAP may be ordered if the court believes the conduct was alcohol- or drug-related.
Reckless Driving Defenses
In representing thousands of clients charged with reckless driving, we’ve honed defenses most likely to get a charge reduced or dismissed. Here are some that may work for your case:
- Radar had incorrect calibration,
- Your speedometer was inaccurate,
- You faced an emergency, or
- You have a good driving record.
After discussing your experience with you, we investigate to see whether any of these defenses apply. We will assert your best defense with the goal of getting your reckless driving charge reduced or dismissed.
Contact Our Experienced Reckless Driving Attorneys Today
To give yourself the best chance of avoiding harsh reckless driving penalties, you should hire an experienced traffic defense attorney. At Flusche & Fitzgerald, Attorneys at Law, we focus on helping clients who have been charged with traffic violations and misdemeanors. In fact, one of our lead attorneys wrote a book on how to defend against reckless driving charges.
Our goal for every client is:
- Get the charge reduced or dismissed,
- Save the client as much money as possible, and
- Prevent the charge from negatively impacting the client’s life.
If you were charged with reckless driving, you should contact us as soon as possible. We can answer your questions such as: What is reckless driving? and How can I get this charge dismissed? Then we can work with you to present a persuasive defense.
We must start working on a valid defense before your court date.
Contact us today to get started on your reckless driving defense.
FAQs
Is Reckless Driving in Virginia a Criminal Offense or Just a Traffic Ticket?
Reckless driving in Virginia is a criminal offense classified as a Class 1 misdemeanor, not a simple traffic ticket, and a conviction creates a permanent criminal record. and may be eligible for sealing only if the statutory requirements are met.
What is the Penalty for Reckless Driving in Virginia?
Reckless driving in Virginia is a Class 1 misdemeanor. Class 1 misdemeanors are punishable by a jail sentence of up to one year.
The fine for reckless driving can be no more than $2,500. A judge would have the discretion to forgo the fine or give you a smaller fine, depending upon the mitigation you and your attorney can put forth.
There are instances where reckless driving could result in a felony conviction. You face a Class 6 felony and up to five years in prison if you kill another person while driving recklessly on a suspended or revoked license.
What Are the Criminal Penalties for a Reckless Driving Virginia First Offense?
First-time reckless driving offenders in Virginia face full penalties, including fines, license suspension, and jail time.
Also, in Virginia, you will receive six points on your Virginia driver’s license for reckless driving. Demerit points remain active for two years, while reckless driving convictions listed by the Virginia DMV generally remain on the driving record for 11 years.
Virginia treats first-time reckless driving offenders the same as repeat offenders.
What Are Other Penalties for First Offense Reckless Driving Charges?
Your insurance rates will probably go up if you have a record of reckless driving. Some insurance companies could even cancel your insurance policy.
Depending on the circumstances of your reckless driving charge, a conviction could result in a criminal record.
A conviction creates a criminal record, although some misdemeanor convictions may now qualify for sealing under Virginia law.
If you have a driving job (or hope to drive part-time for Uber or Lyft), a reckless driving conviction could cause severe problems with your work. Some employers will not hire drivers with reckless driving convictions.
What Is the Most Common Punishment for Reckless Driving?
The most common punishment for reckless driving in Virginia is a fine, court costs, six DMV points, and a criminal conviction, though judges may also impose license suspension or jail time depending on the circumstances.
Can You Go to Jail for a Reckless Driving Ticket in Virginia?
Yes. Reckless driving in Virginia is a Class 1 misdemeanor, and judges may impose jail time even for a first offense, particularly in cases involving excessive speed, prior driving history, or accidents that created a safety risk.
What Is the Difference Between Reckless Driving and Improper Driving in Virginia?
Reckless driving is a criminal charge, while improper driving is a traffic infraction that courts may allow as a reduced charge when the conduct was minor and unlikely to recur.
What Actions Besides Speeding Are Considered Reckless Driving in Virginia?
Virginia law also considers actions like racing, failing to maintain control, improper passing, driving with faulty brakes, and aggressive maneuvers that endanger others to be reckless driving offenses.
Can Reckless Driving Charges in Virginia Be Reduced or Dismissed?
Yes. Depending on the facts, evidence, and driving history, legal challenges and mitigation may reduce reckless driving charges to improper driving or cause the charges to be dismissed.
Will a Virginia Reckless Driving Conviction Show Up on My Criminal Background Check?
It can. Reckless driving is typically a Class 1 misdemeanor, and Virginia’s court system provides public access to criminal and traffic case records. Whether an employer or screening company finds the conviction depends on the type and scope of the background check. Current Virginia law allows some eligible misdemeanor convictions to be sealed by petition after meeting statutory requirements, so “permanent” is not always accurate.
Can Reckless Driving in Virginia Be Reduced to Improper Driving, and How Does That Process Work?
Yes, but the reduction is not automatic. If the culpability is minor, the judge may find the driver guilty of improper driving rather than reckless driving. The Commonwealth’s Attorney may also amend the charge before the court rules. Driving history, alleged conduct, evidence, mitigation, and local practice all influence whether this option is available.
How Much Will My Car Insurance Go Up After a Virginia Reckless Driving Conviction?
There is no fixed statewide percentage. Virginia insurers may raise premiums based on convictions on your driving record, but the amount depends on the carrier’s rating plan, the driver’s history, age, location, coverage, and other underwriting factors. Ask your insurer when it reviews motor vehicle records and compare renewal quotes instead of relying on generic online estimates.
Does Virginia Reckless Driving at 85 MPH or 20 Over Still Count If I Was in an Emergency or Driving a Rental Car?
Exactly 85 mph does not meet the “faster than 85 mph” requirement, but 85 mph may still qualify if it is at least 20 mph over the posted limit. A genuine emergency may support a defense or mitigation argument, but it does not automatically dismiss the charge. Driving a rental car does not affect the speed threshold; vehicle ownership is generally irrelevant to whether the statute was violated.
What Happens If You Plead Guilty to Reckless Driving in Virginia?
We have discussed the criminal penalties you face if you plead guilty to reckless driving in Virginia. But there are additional collateral consequences you need to be aware of.
A conviction for reckless driving in Virginia puts points on your driving record. Reckless driving is a six-point violation, and a conviction which remains on your Virginia driving history for 11 years.
You will almost surely see a huge increase in your insurance premiums as well.
If you are not a citizen of the United States, you could also face immigration consequences, for which you would need to speak with an immigration lawyer.
What Happens When You Go to Court for Reckless Driving in Virginia?
You might be wondering what happens when a first-time reckless driving defendant has to go to court. Going to court can be stressful.
Having an experienced reckless driving defense lawyer can help relieve your anxiety. Talk with your attorney well before your court date so you know what to expect when you get there.
You and your lawyer can also discuss your options for your first court appearance.
Typically, at your first appearance, the court will inform you of your charges and ask you for a plea. Your lawyer will discuss which plea you should enter at that time.
If you plead not guilty, your trial might happen right then and there. Many reckless driving cases in Virginia are resolved in a single court appearance.
In more serious cases, the court treats your first-time appearance as an arraignment and schedules your case for a later trial date.
If you plead not guilty and decide you’d rather not have a trial, you can still plead guilty any time before the judge sentences you.
If you have a trial, you are free if you win your case. However, a guilty finding means the judge has the discretion to sentence you up to the maximum penalty.
Legal References Used to Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Virginia Code § 46.2-868, Reckless Driving Penalties
- Code of Virginia, Article 7: Reckless Driving and Improper Driving
- Virginia Code § 46.2-868.1, Aggressive Driving
- Virginia DMV, CDL Disqualifications
- Electronic Code of Federal Regulations, 49 C.F.R. § 383.51
- Virginia Code § 46.2-393, Suspension and Intelligent Speed Assistance for Certain Reckless Driving Offenses
- Virginia Code § 46.2-388, Virginia Uniform Summons
- Virginia Court System, General District Court Traffic Tickets and Other Offenses
- Virginia Code § 46.2-392, License Suspension and Alcohol Safety Program Conditions
- Virginia Driver License Compact
- Virginia Court System, Case Status and Information
- Virginia Code § 19.2-392.12, Sealing Eligible Convictions by Petition
- Virginia Code § 46.2-869, Improper Driving
- Virginia State Corporation Commission, Virginia Auto Insurance Guide
- Virginia Code § 46.2-862, Reckless Driving by Speed
