Is Reckless Driving Considered a Crime in Virginia?

January 1, 2015 by Jean Humbrecht

Reckless Driving charges in Virginia are very common, but they are nothing to be taken lightly. If you are like many Virginians (or drivers passing through Virginia) and are wondering, is Reckless Driving considered a crime in Virginia, read the post below.

Is Reckless Driving Considered a Crime in Virginia?

Is Reckless Driving Considered a Crime in Virginia?

Is Reckless Driving Considered a Crime in Virginia?

There are a number of offenses in Virginia that are considered Reckless Driving.

Reckless Driving in Virginia is not a traffic infraction, but a CRIME. It 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.

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 another form of Reckless Driving in Virginia (Va. Code §46.2-862). The difference between the traffic infraction of speeding and the misdemeanor 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 Virginia Reckless Driving Charges 

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

Penalty for  Virginia Reckless Driving Charge

A driver CANNOT pre-pay a fine for a Reckless Driving charge in Virginia 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 the driver’s arrest.

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

The DMV will also automatically assess 6 demerit points to the offender’s driving record if he is convicted of a Virginia Reckless Driving charge.

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

If the offender is convicted of the Racing form of Reckless Driving under Va. Code §46.2-865, the vehicle 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 also pay a minimum fine of $250 (Va. Code §46.2-868(C)). This offense is a separate traffic infraction under Va. Code §46.2-818.2. A driver can be convicted of both Reckless Driving and Using a Handheld Personal Communication Device while driving. 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 in Virginia?

Reckless Driving in Virginia can sometimes be charged as a felony. If the offender was driving without a valid driver’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, the driver will be charged with a Class 6 felony (Va. Code §46.2-868(B)). This charge is punished with up to 5 years in prison, a fine up to $2,500, and driver’s license revocation for 1 year.

Collateral Consequences of Reckless Driving Convictions in Virginia

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

 

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