Reckless Driving on Parking Lots in Virginia
November 15, 2016 by Jean Humbrecht
Reckless driving on parking lots in Virginia under Va. Code §46.2-864 is a crime-not a traffic infraction. It is a form of reckless driving and can even be a felony in some situations.
For more information on reckless driving in Virginia, click here.
Reckless Driving on Parking Lots in Virginia Can be a Misdemeanor or a Felony
Proof of Reckless Driving on Parking Lots in Virginia Under Va. Code §46.2-864
To convict an offender of reckless driving on parking lots in Virginia under Va. Code §46.2-864, the Commonwealth must prove that the offender:
- operated
- a motor vehicle
- at a speed or in a manner
- as to endanger life, limb or property of any person
- and the reckless driving occurred on
- the driveway or premises of a church, school, recreational facility, or business or governmental property open to the public, or
- the premises of any industrial establishment providing parking space for customers, patrons, or employees, or
- any highway under construction or not yet open to the public
Penalty for Reckless Driving on Parking Lots in Virginia Under Va. Code §46.2-864
Reckless driving on parking lots in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, and driver’s license suspension for 60 days up to 6 months. The offender may apply for a restricted driver’s license, which will allow him to drive to a limited number of places at specific times of the day. However, a commercial driver cannot obtain a restricted license at all if his license is suspended for reckless driving on parking lots in Virginia.
A conviction for reckless driving on parking lots in Virginia under Va. Code §46.2-864 will also automatically result in 6 DMV demerit points and will remain on the offender’s driving record for 11 years.
The driver may be required to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP) if the court thinks that the reckless driving was alcohol or drug-related.
If the driver was using a handheld communications device (or texting while driving), there will be a mandatory MINIMUM fine of $250 (Va. Code §46.2-868(C)). In some circumstances, a driver can be convicted of reckless driving on parking lots in Virginia and texting while driving under Va. Code §46.2-818.2. Click here for more information on texting while driving in Virginia.
Finally, and perhaps most importantly, a conviction for reckless driving on parking lots in Virginia under Va. Code §46.2-864 will remain on the drivers permanent criminal record and cannot be expunged.
Is Reckless Driving on Parking Lots in Virginia Ever A Felony?
A reckless driving charge in Virginia under Va. Code §46.2-864 can be a felony in certain circumstances. If the offender’s driver’s license was suspended or revoked because of a moving violation and his reckless driving caused the death of another person, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year. Click here for more information on felony reckless driving in Virginia.
Reckless Driving on Parking Lots in Virginia Statute
§46.2-864. Reckless driving on parking lots, etc.
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