Is Reckless Driving a Crime in Virginia?

January 1, 2015 by Jean Humbrecht

Reckless Driving in Virginia is a very common charge, but it is not a simple traffic infraction. If you are like many Virginians (or drivers passing through Virginia) and are wondering, is Reckless Driving a crime in Virginia, read the post below.

Is Reckless Driving a Crime in Virginia?

There are a number of charges in Virginia that are considered reckless driving.

Reckless Driving in Virginia is a CRIME-not a traffic infraction. It is usually charged as a misdemeanor but can be charged as a felony and will remain on a driver’s permanent criminal record and cannot be expunged.

A driver can be charged with Reckless Driving in Virginia if he drives a motor vehicle recklessly or at a speed or in a manner that endangers the life, limb, or property of any person.

Is reckless driving a crime in Virginia

Is Reckless Driving a Crime in Virginia?

Driving more than 20 miles per hour over the posted speed limit or driving more than 85 miles per hour, regardless of the speed limit, is also a form of Reckless Driving in Virginia (Va. Code §46.2-862). The difference between the traffic infraction of speeding and the misdemeanor of Reckless Driving by speed is the likelihood of injury to other users of the road.

For more information on general Reckless Driving in Virginia under Va. Code §46.2-852, click here.

For more information on Reckless Driving by speed in Virginia under Va. Code §46.2-862, click here.

Other Reckless Driving Charges in Virginia

There are a variety of offenses that can be considered Virginia Reckless Driving charges.  They include:

Penalty for  Virginia Reckless Driving Charge

A driver CANNOT pre-pay a fine for a Virginia Reckless Driving charge like he can a traffic infraction  The driver MUST come to court.  Failure to appear in court could result in an ADDITIONAL criminal charge for failure to appear and the judge could issue a bench warrant for your arrest.

A Virginia Reckless Driving charge is generally a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2,500, and driver’s license suspension up to 6 months.  If the basis of the Virginia Reckless Driving charge was an unsafe speed, the higher the speed, the more likely the offender will be sentenced to jail.

Additionally, the DMV will automatically assess 6 demerit points to the offender’s driving record if he is convicted of Reckless Driving in Virginia.

If the court believes that the Reckless Driving charge was alcohol-related, it may order the driver to complete the Virginia Alcohol Safety Action Program (Virginia ASAP) (Va. Code §46.2-392), in addition to other penalties provided by law.

If the offender is convicted of the Racing form of Reckless Driving (Va. Code §46.2-865), his vehicle that was used in the race will likely be seized and forfeited.

If the driver was found to be in violation of the law prohibiting holding a handheld communication device while driving during the commission of this offense, he will pay a minimum fine of $250 (Va. Code §46.2-868(C)). This offense is also a separate traffic infraction under Va. Code §46.2-818.2. In some circumstances, a driver can be convicted of both Reckless Driving and Using a Handheld Personal Communication Device while driving under Va. Code §46.2-818.2 and will have a mandatory minimum fine for both convictions. For more information on the charge of Holding a Handheld Personal Communication Device while Driving in Virginia under Va. Code §46.2-818.2, click here.

Can Reckless Driving Ever be a Felony?

A Reckless Driving charge in Virginia can sometimes be a felony. If the offender was driving without a valid operator’s license due to a suspension or revocation for a moving violation and caused the death of another person as a result of his or her Reckless Driving, he or she will be charged with a Class 6 felony (Va. Code §46.2-868(B)). This offense is punished with up to 5 years in prison, a fine up to $2,500, and driver’s license revocation for 1 year.

Other Consequences of Virginia Reckless Driving Conviction

In addition to the penalties provided by law for a Virginia Reckless Driving conviction, there could be many additional, collateral consequences. Auto insurance premiums will likely increase, life insurance may be difficult to obtain, educational and employment opportunities could be impacted due to a new criminal record, security clearances could possibly be in jeopardy, and there can be immigration consequences for anyone who is not a United States citizen, among other problems.

 

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