What Is Considered Reckless Driving in Virginia: A Comprehensive Guide
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, 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 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 a lot of different statutes, and these are only 2 of the 12 versions of reckless driving in our state. 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
- 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.
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
- A driver’s license suspension for up to 12 months
If reckless driving caused someone’s death, penalties can increase. You can lose your license for up to a year and serve 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.
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.
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
- 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
- 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 like: 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.
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 license.
What Are the Criminal Penalties for a Reckless Driving Virginia First Offense?
Reckless driving is a Class 1 misdemeanor under Virginia law. It can even be a Class 6 felony, depending on the circumstances of your reckless driving charge.
Both offenses can result in a monetary fine, driver’s license suspension, and jail time. Virginia law allows for a maximum jail sentence of 12 months for misdemeanor reckless driving and five years for felony reckless driving.
The minimum fine for a Class 1 misdemeanor and a Class 6 felony for reckless driving in Virginia is $2,500. A judge can either reduce or increase that fine depending on the circumstances of your case and driving history.
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. Unfortunately, any points you receive for any driving ticket or conviction stay on your driving record for two years.
Virginia treats first-time reckless driving offenders the same as repeat offenders. Penalties may include fines, license suspension, and jail time.
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.
It’s impossible to expunge convictions in Virginia, so your criminal record could negatively impact a background check.
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.
What Is the Penalty for Reckless Driving in Virginia?
Reckless driving in Virginia is a Class 1 misdemeanor that can carry up to 12 months in jail, a fine of up to $2,500, 6 DMV demerit points, and a driver’s license suspension of up to 1 year. The actual penalty depends on factors such as speed, driving history, whether an accident occurred, and how the case is handled in court, which is why outcomes can vary widely from one case to another.
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.
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, 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.
