Reckless Driving Charge in Virginia

Many people are surprised to learn that a Reckless Driving charge in Virginia is a crime.

Reckless Driving Charge in Virginia

A number of different offenses can be considered Reckless Driving in Virginia. The most common are Reckless Driving by Speed, General Reckless Driving, Aggressive Driving, and Racing, among others.

Reckless Driving by Speed in Virginia

Driving over the speed limit in Virginia is usually charged as Speeding. Speeding is generally a traffic infraction, punished with a fine up to $250 and DMV demerit points.

However, driving more than 20 miles per hour over the speed limit or driving more than 85 miles per hour (regardless of the speed limit) is considered Reckless Driving in Virginia (Va. Code §46.2-862), which is a crime.

For more information on Speeding in Virginia, click here.

For more information on Reckless Driving by Speed in Virginia, click here.

General Reckless Driving

General Reckless Driving (Va. Code §46.2-852) is committed when a person drives a motor vehicle recklessly or at a speed or in a manner that endangers the life, limb, or property of another person.

For more information on a General Reckless Driving charge in Virginia, click here.

Aggressive Driving

Aggressive Driving (Va. Code §46.2-868.1) can be charged when a driver commits any one of a number of traffic offenses and is a hazard to another or commits the offense to harass, intimidate, injure or obstruct another person, he is guilty of aggressive driving. The offenses include driving on right side of highways, failure to observe traffic lane markings, following too closely, failing to stop or yield right-of-way before entering highway, evasion of a traffic control device, passing when overtaking a vehicle, improper passing on the right, failing to give way to overtaking vehicle, improper overtaking/passing, stopping on a highway, and speeding.

For more information on Aggressive Driving charges in Virginia, click here.

Racing

Racing is another form of Reckless Driving in Virginia (Va. Code §46.2-865). A race is a contest of speed between two or more vehicles. In addition to other penalties, Racing is punished with mandatory driver’s license suspension and seizure and forfeiture of the vehicle used in the race.

For more information on Racing charges in Virginia, click here.

Other Reckless Driving Charges in Virginia

There are a variety of other charges that are considered Virginia Reckless Driving in Virginia. They include:

• Driving Too Fast for Highway/Traffic Conditions (Va. Code §46.2-861)
• Failing to Maintain Proper Control/Faulty Breaks (Va. Code §46.2-853)
• Failure to Yield Right of Way (Va. Code §46.2-868)
• Reckless Driving on Parking Lot (Va. Code §46.2-864)
• Failure to Give Proper Signal (Va. Code §46.2-860)
• Passing a Stopped School Bus (Va. Code §46.1-859)
• Passing at a Railroad Crossing (Va. Code §46.2-858)
• Driving with Obstructed View (Va. Code §46.2-855)
• Driving Two Abreast in a Single Lane (Va. Code §46.2-857)
• Passing Two Vehicles Abreast (Va. Code §46.2-856)
• Passing On or at the Crest of a Grade or Curve (Va. Code §46.2-854)

Penalties for Reckless Driving Charge in Virginia

A Reckless Driving charge in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, driver’s license suspension up to 6 months, and automatic DMV demerit points. Most importantly, since Reckless Driving is a crime, a conviction will remain on a driver’s permanent criminal record and cannot be expunged.

If the person was found in violation of the statute preventing holding a handheld communication device (Va. Code §46.2-818.2) while driving at the time of the Reckless Driving offense, he or she will pay a mandatory minimum fine of $250.

For more information on Using a Handheld Communication Device while Driving in Virginia, click here.

Reckless Driving can also be charged as a felony in some instances. A person can be charged with the felony version of Reckless Driving if he or she was driving without a valid operator’s license due to a suspension or revocation for a moving violation and as the result of the reckless driving, caused the death of another. This offense is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500, and license suspension.

For more information on felony Reckless Driving in Virginia, click here.

 

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