Is Texting Reckless Driving in Virginia?

A recent case made headlines here in Virginia because the judge dismissed a reckless driving charge that was brought against a driver who struck and killed a pedestrian.

The evidence essentially showed that the driver was probably reading a text message when his vehicle struck the pedestrian. There was no other evidence of other distractions or impairment.

The Commonwealth charged the driver with reckless driving, which carries up to twelve months in jail.

However, the defense argued that texting while driving is only a traffic infraction in Virginia. By passing a specific law against texting, the defense argued, the General Assembly proclaimed that texting alone isn’t reckless driving.

The judge agreed and dismissed the charge.

Now there are lots of different ideas floating around about how to amend the law to improve the situation. Here’s how to fix it: repeal it!

We don’t need tons of laws. We need a clear set of laws that are easy to enforce and clear for citizens to understand.

If a person is actually causing a hazard while texting, that certainly could be a charge of reckless driving. Why do we need an extra law for that? It just doesn’t make sense.

Photo by poka0059

Andrew Flusche

My name is Andrew Flusche, and I am a traffic and misdemeanor defense lawyer serving Fredericksburg, Spotsylvania, Stafford, King George, Caroline, and the surrounding communities of Northern Virginia.As the founding partner of Flusche & Fitzgerald, Attorneys at Law, I have focused exclusively on traffic tickets and misdemeanor defense since 2008. I literally wrote the book on reckless driving in Virginia, available free here or on Amazon, and I hold my Juris Doctor from the University of Virginia School of Law. With over 600 five-star reviews on Google, Yelp, and Facebook, and membership in the Fredericksburg Area Bar Association and the Virginia Association of Criminal Defense Lawyers, I bring local knowledge and proven results to every case.If you've been charged with a traffic or misdemeanor offense in Virginia, contact me today. Your initial consultation is always free and you'll speak directly with me.

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