Reckless Driving for Racing in Virginia
The roar of an engine on an empty Virginia highway may feel exhilarating, but that moment of adrenaline can change your future in seconds. Under Virginia law, prosecutors charge racing as reckless driving. That means illegal street racing charges carry the weight of a criminal offense, with penalties that can include jail time, license suspension, and even the loss of your vehicle.
Virginia’s courts approach street racing with zero tolerance. The Commonwealth sees organized or spontaneous contests of speed as a direct threat to public safety. If you face an exhibition driving or racing charge, you are not fighting a citation; you are defending yourself against a misdemeanor reckless driving charge that can carry life-altering consequences. At Flusche & Fitzgerald, attorneys Andrew Flusche and Ryan Fitzgerald help drivers across Virginia navigate these cases, bringing decades of courtroom experience and a flat-rate billing model that makes legal defense transparent and predictable.
Contact us today at 540-318-5824 to discuss your case and learn how we can help you.
What Counts as Racing or Exhibition Driving in Virginia?
Virginia defines racing broadly. It does not take much for the Commonwealth to view driving behavior as a form of competition. Any situation where two or more vehicles attempt to outdistance each other, or where one driver challenges another to prove superiority in speed, can trigger prosecution.
That means a driver can face illegal street racing charges even without a formal “race.” Revving an engine to show off, spinning tires at a stoplight, or accelerating aggressively to beat another car away from an intersection can all be prosecuted as racing under the law.
What Is the Virginia Speed Racing Statute?
The speed racing statute, Va. Code § 46.2-865, along with related provisions, makes racing a Class 1 misdemeanor, the same classification as reckless driving by speed or DUI first offense. A conviction creates a permanent criminal record.
Key penalties include:
- Up to 12 months in jail;
- A fine of up to $2,500;
- License suspension for six months to two years;
- Six DMV demerit points that stay on your record for 11 years; and
- Possible forfeiture of your vehicle if you are convicted twice within five years.
These penalties are not abstract. Judges across Virginia impose jail time for racing cases, especially when speed is excessive, traffic is heavy, or alcohol is involved.
Is Drag Racing a Felony in Virginia?
The answer depends on the circumstances. In its basic form, racing is a misdemeanor. But the answer to whether drag racing is a felony can swiftly change to “yes” if the event causes serious injury or death.
Under Virginia law:
- If racing leads to another person’s serious bodily injury, the offense escalates to a Class 6 felony, punishable by up to five years in prison; and
- If someone dies, the driver may face a Class 5 felony, carrying up to ten years in prison.
This escalation highlights why prosecutors treat racing cases with such intensity: they view them as accidents in the making.
What Is the Real-World Penalty for Street Racing?
The statutory fines and license suspensions tell only part of the story. The true penalty for street racing often extends far beyond the courtroom. A conviction leaves a permanent criminal record visible to employers, insurers, and background checks. Auto insurance premiums can increase. College students may lose scholarships tied to good conduct. A racing conviction can also jeopardize careers for military personnel or government workers with security clearances.
How Can Flusche & Fitzgerald Help with Illegal Street Racing Charges?
Defending against a racing allegation requires more than showing up in court. At Flusche & Fitzgerald, we build strategic defenses, including:
- Challenging whether the officer’s observations met the statutory definition of racing;
- Viewing the dash camera and body camera videos to see what really happened;
- Questioning radar or pacing evidence;
- Highlighting traffic, weather, or road conditions that complicate the charge; and
- Presenting mitigating evidence, such as driving school completion, community service, or character letters.
Each case requires careful tailoring. No two racing allegations unfold the same way.
Why Does Courtroom Experience Matter?
Every racing case hinges on specific details, including the officer’s observations, radar or pacing evidence, dashcam footage, and the roadway environment. Judges in Virginia do not treat these cases uniformly. Some courts lean toward suspending licenses; others impose active jail time.
This is where defense strategy matters. At Flusche & Fitzgerald, attorney Andrew Flusche wrote the leading book on reckless driving in Virginia, the most-reviewed title on Amazon in this field. Since founding the firm in 2008, he has earned a perfect 10.0 Avvo rating and over 1,200 five-star Google reviews from clients across the Commonwealth. His passion is the courtroom, where he thrives on cross-examining officers and challenging shaky evidence.
Attorney Ryan Fitzgerald, known as Fitz, brings over 15 years of trial experience, including 12 years as a Virginia prosecutor. He has tried thousands of cases, from DWI manslaughter to reckless driving. His background means he knows precisely how prosecutors build racing cases and how to dismantle them.
Together, these complementary skills give clients the advantage of both perspectives, uniquely positioning us to protect drivers facing racing charges in Virginia.
Take Control of a Racing Charge Outcome With Flusche & Fitzgerald
At Flusche & Fitzgerald, you work directly with Andrew Flusche and Ryan Fitzgerald—not junior staff. With a track record of fighting reckless driving charges across Virginia, we know the law, the courts, and the strategies that give clients the best chance at moving forward after a mistake.
Call today for a free consultation and learn what defense looks like when experience meets dedication.
