Virginia Reckless Driving Lawyer

Reckless Driving Virginia

The information contained here was written by experienced Virginia reckless driving attorney Andrew Flusche and was last updated in February of 2019.

Charged with reckless driving? Here’s the 30,000 foot view of what that means in Virginia and what penalties you are facing:

CLICK TO WATCH me explain reckless driving in Virginia in video format

Reckless Driving in Virginia

  • In Virginia, reckless driving occurs when you (i) exceed the posted speed limit by 20 miles per hour or more, or (ii) you exceed 80 miles per hour, regardless of the posted speed limit.
  • Virginia Code 46.2-862 makes reckless driving a class 1 misdemeanor. It’s a serious criminal offense.
  • Potential penalties include six DMV points, a fine of $2,500, a jail sentence of 12 months, and a license suspension of up to six months.

Your best option to avoid both these harsh penalties and wasting your time and energy is to hire an experienced reckless driving lawyer like me to handle your case for you.

Start Your Defense Now

If you were given a traffic ticket for reckless driving in Virginia you should talk with a local, experienced traffic lawyer before your court date.

This article will give you an overview of reckless driving charges in VA, what defenses might be available, and how I can help. You can also grab a copy of my FREE book about reckless driving in Virginia below.


Get to Know Andrew

Virginia-Reckless-Driving Lawyer Andrew Flusche

  • I’ve defended over 4,225 reckless driving cases. That means I’ve averaged one reckless driving case per day since I started my practice.
  • I have 300+ 5-star Google reviews and 290 5-star Avvo reviews.
  • I wrote the book on Virginia reckless driving defense. You can get it on Amazon here, or you can download it for free here.
  • I can usually go to court so you don’t have to.
  • I have relationships with the judges, officers, and prosecutors, and I use that knowledge to help achieve the best outcome possible.
  • I know how to spot deficiencies in the evidence (such as tuning fork calibrations) and argue for a dismissal.
  • I routinely receive calls from people who did NOT hire a lawyer, were found guilty of reckless driving, and are now having problems due to the conviction. Usually it’s too late to help at that point. Hire a lawyer in the first place because there’s no way to expunge convictions in Virginia.
  • I see people come to court alone (or hire a cheap lawyer) and end up not getting as good of an outcome as they should have gotten.
  • About half of the people I’ve represented are from out of the state. I’ve represented people from other countries too, e.g. Germany, Australia, Canada, etc.
  • My firm is not a “mill” that just grinds through clients. When you hire me, I personally go to court for you. Other firms routinely have outside lawyers “cover” their cases. I never do that. And when you have questions or concerns, my Rock Star Staff and I are here to help.

Start Your Defense Now

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Virginia reckless driving by speed

Most Virginia reckless driving tickets are based on speed alone. If you drive more than 20 miles per hour over the speed limit or over 80 miles per hour, you can be charged with reckless driving by speed.

Virginia Code 46.2-862:

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

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Catch-all VA reckless driving

If all else fails, a police officer could cite you for reckless driving, simply based on the fact that he thinks you are driving in a way that endangers life or property.

Virginia Code 46.2-852:

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.

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Mitigating factors in Virginia reckless driving cases

There are lots of factors that we can argue to the judge to reduce or even dismiss a reckless driving charge. You’ll want to talk with an attorney about the ones that apply to your unique case, but a few general guidelines are:

  • Good driving record
  • Speedometer reading incorrectly
  • Radar calibration issues
  • Legitimate emergency

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Steps to Take to Help Prepare Your Reckless Driving Defense

There are many other factors that can play into some specific types of reckless driving charges. And your attorney might be able to further lessen your potential punishment. You might need to take several steps in advance to help properly prepare your case for court, for example:

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Judicial Discretion in Reckless Driving Cases

The traffic court judges in Spotsylvania County, Stafford County, Fredericksburg, King George County and Caroline County exercise considerable discretion in determining your reckless driving punishment. This means that an attorney can argue to have your case dismissed, reduced, or at least have the punishments minimized.

Dismissal with driving school

Depending upon the facts of your case, your prior driving record, and the local court, we might be able to have your case dismissed completely with you attending driving school.

Improper Driving in Virginia

Importantly, judges can use their discretion to reduce a reckless driving charge to “improper driving.” Improper driving is a mere traffic infraction with a fine of no more than $500. Improper driving only carries three DMV points, and it is removed from your record after three years.

Virginia Code 46.2-869:

Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.

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Reducing your Virginia Reckless Driving Ticket

Virginia-Reckless-Driving-Ticket

Example of a Virginia reckless driving ticket. Click to view larger image

In most Virginia reckless driving cases, your goal is to dismiss or reduce the charge to something more acceptable. As mentioned above, Virginia judges have discretion to reduce your charge to “improper driving.”

In some jurisdictions, like Spotsylvania County and Stafford County, you might even be eligible to dismiss your ticket by attending driving school.

As your Virginia traffic lawyer, I can help you assess your options and determine what outcomes are likely. We can then create a plan of action to fight your Virginia reckless driving ticket.

The goal is a complete dismissal of the charge or a finding of “not guilty.” But at the very least, I will fight hard to get your charge reduced to avoid the misdemeanor conviction.

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Out-of-state and non-local Reckless Driving Defendants

If you received a reckless driving ticket in Spotsylvania, Stafford, Fredericksburg, King George, or Caroline, you can hire an attorney to appear in traffic court on your behalf (assuming the speed is relatively low). For non-local defendants, this is an incredibly convenient option. Instead of driving possibly hundreds of miles to contest your ticket, you can have your lawyer take care of it for you.

I have worked with clients from places as far away as New York, Florida, Washington state, and Australia! People regularly get charged with reckless driving in Stafford County and Spotsylvania County along Interstate 95, simply passing through Virginia. I can help you resolve this ticket without having to return to Virginia.

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My Flat Fee Virginia Reckless Driving Defense Policy

You need an attorney’s help with your reckless driving defense. I am an experienced traffic attorney in the Spotsylvania, Stafford, Fredericksburg, King George, and Caroline traffic courts. I regularly handle cases in front of these judges.

I offer a flat rate for your traffic defense, so you know exactly what your legal expenses will cost. We can even handle everything over the phone and/or email. I will handle your reckless driving case with care and work to ensure a satisfactory resolution. Call me today for a free consultation.

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Read Reviews from My Clients

Please note:

  • While we’ve only included five here, I have over 400 reviews around the web. Check them out on Google, Avvo, and Yelp.
  • The reviews below were originally posted on Yelp.

Andrew made the whole process of reducing a reckless driving ticket as easy as it could be! Highly recommend as his price was very reasonable and the he got the results I needed!

Reviewing: Reckless Driving Defense Services
Date published: 2014-05-02
Rating: ★★★★★ 5 / 5 stars

I cannot say enough good things about Andrew Flusche! I went online looking for info. This is how I found Andrew. I wrote a “get in contact” message from his website — and in about 10 minutes he called me. That was impressive! He answered all my questions and really put my mind at ease. He stayed in contact throughout the weeks leading to court and also represented us in court with wonderful results. Andrew is thorough, knowledgeable, kind, calm and just the kind of person you want in your corner. Reasonable rates – worth every penny.

Review by: Alice P.
Reviewing: Andrew Flusche’s Virginia Reckless Driving Defense Services
Date published: 05/01/2014
Rating: ★★★★★ 5 / 5 stars


For the first time since I was teenager I found the need for a traffic attorney. I meet literally thousands of people each year and was very impressed with Andrew Flusche. From the beginning to the end he explained the processes, made recommendations, and made sure I was doing what was necessary to ensure the best outcome possible. He was professional, polite, intelligent, and punctual. I would have happily paid twice what he charged if my outcome remained the same. He really is an expert in his field and I don’t regret a penny spent. He’s a good guy who will do everything in his power to help you-I only hope next time I will meet him in the grocery store instead of court…

Review by: Benjamin B.
Reviewing: Andrew Flusche’s Virginia Reckless Driving Defense Services
Date published: 03/07/2014
Rating: ★★★★★ 5 / 5 stars


Andrew provided a thoroughly professional and convenient service . We were able to prepare for my case through email and phone conversations. He provided very competent advice and delivered a fantastic outcome. I didn’t have to appear in court and had the charges dismissed! If you ever have traffic issues in the Fredericksburg, VA area, Andrew Flusche is worth the call.

Review by: T M.
Reviewing: Andrew Flusche’s Virginia Reckless Driving Defense Services
Date published: 03/06/2013
Rating: ★★★★★ 5 / 5 stars


I was nervous about hiring an attorney online for my reckless driving ticket, but not being from the area I received the citation in limited my options. However, Andrew couldn’t have been more professional and from the first phone call all of my fears were allayed. He was thorough, listened to my concerns, and made sure I knew exactly what to expect and what was expected of me. He was also always prompt at returning phone calls and e-mails. My reckless driving ticket ended up being reduced, which was the best possible outcome. Andrew’s service, however, didn’t stop when we left court. He followed up with me and made sure I knew where/how to take my driving course and what else was needed. I highly recommend his services, and firmly believe that without his counsel I would have had the ticket on my record for VA’s 11 year time period.

Review by: Ericka M.
Reviewing: Andrew Flusche’s Virginia Reckless Driving Defense Services
Date published: 02/19/2013
Rating: ★★★★★ 5 / 5 stars


fight-your-virginia-reckless-driving-ticket-book-cover

Free book for you

If you want more answers about your reckless driving ticket, grab a free copy of my book. We’ll send it right to you at no cost.

I’ve taken the time to lay out an overview of Virginia reckless driving defense and put it down on paper. My book covers everything from the law to defenses to how to appeal if things go South. And I wrote it all myself, unlike some people who just slap their name on someone else’s book.

What are you waiting for? It’s free.

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I can help minimize the damage

If you’ve been charged with reckless driving in Virgnia, contact me today to discuss your case and begin your defense.

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Further reading

These are my latest articles on reckless driving defense:

You can read more articles and watch videos in my reckless driving archives. You can also read other traffic defense articles on my blog.

For even more information on how you can fight your reckless driving charges visit FightVirginiaRecklessDriving.com.

Virginia reckless driving is serious. Call for help: 540.318.5824

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CONTACT ME TODAY

I provide free consultations for traffic tickets and misdemeanors in my area. If I can't help, I'll do my best to connect you with someone who can.

540.318.5824

andrew@andrewflusche.com

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