Skip to Content
Lawrence, Smith & Gardner Lawrence, Smith & Gardner
Call Us Today! 833-460-2848
Top
Reckless Driving In Virginia A Primer

When you think of reckless driving, you typically think of someone darting in and out of lanes of traffic while traveling at an excessive speed. Although this clearly poses a danger to other and constitutes reckless driving, in Virginia, you can be charged with reckless driving in many different contexts. As it is a serious criminal charge, it is important to be familiar with them. §46.2-852 through 46.2-868

Speeding offenses

Speeding is probably the most common offense that leads Virginia drivers to a reckless driving charge. Under the Virginia traffic laws, there are three instances where speeding can result in a reckless driving charge:

  • Driving 20 miles-per-hour or more over the posted speed limit (§46.2-862);
  • Driving 80 miles-per-hour regardless of the posted speed limit or (§46.2-862);
  • Exceeding a speed that is reasonable under the prevailing circumstances and traffic conditions, regardless of the posted speed limit (§46.2-861).

The first two instances are fairly straightforward. If a police officer uses an approved method to determine that you are driving at an excessive speed-such as a radar or laser gun or by following you to determine your speed-you can be charged with reckless driving.

However, in the final instance, the police officer can ticket a driver for exceeding a reasonable speed under the conditions. Since the law does not define what may be reasonable under the circumstances, the police officer has broad discretion to determine whether your speed is reasonable, given the weather, road conditions and many other circumstances. In essence, it is up to the officer whether you will be charged with reckless driving.

Other traffic offenses

Besides speeding, under Virginia law, a person can also be charged with reckless driving if he or she drives in a manner as to endanger the life, limb or property of another person, regardless of the speed limit. In addition, there are several other contexts where the driver may also be charged:

· Driving a vehicle that is not under control or has faulty brakes (§46.2-853)

· Passing another vehicle while approaching a curve or hill in the road, except when on a highway with two or more lanes for each direction (§46.2-854)

· Attempting to pass two vehicles that are abreast, except on highways with

three or more lanes in each direction (46.2-856)

· Passing at a railroad crossing unless permitted (§46.2-858)

· Passing a school bus that has stopped for the loading or unloading of children (§46.2-859)

· Failing to give adequate turn signals (§46.2-860)

· Failing to yield the right-of-way while entering a highway (§46.2-863)

· Driving recklessly on a driveway or parking lot of a church, school, business or governmental property that is open to the public (§46.2-864)

· Racing other vehicles (§46.2-865, 46.2-865.1, 46.2-866)

Penalties

The penalties for reckless driving in Virginia can be quite severe (§46.2-868). Any person who is convicted of reckless driving is guilty of a Class 1 misdemeanor-the most serious type of misdemeanor. This type of offense carries a sentence of up to a year and jail and fines of up to $2,500. In addition, the court has the discretion to suspend the driver’s license for up to six months. Finally, convicted offenders will be assessed six demerit points on their licenses, and be subject to higher insurance rates.

Given the stiff penalties, if you are charged with reckless driving, it is important to present a strong defense as early as possible. An experienced criminal defense attorney can review your options with you and ensure that your rights are protected.

Reviews & Testimonials

At Lawrence, Smith & Gardner, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "I am forever grateful for your help!"
    Dear Mr. Brillantine and Mr. Smith,
    Thank you so much for your time and effort in the past several weeks. I am forever grateful for your help! Thank you.
    - Previous Client
    "The efficient way you and your staff handled my case, resulted in less anxiety for me."
    Dear Mr. Smith,
    I just wanted to drop you a note to express my thanks and appreciation for your professional and courteous help and service. The efficient way you and your staff handled my case, resulted in less anxiety for me.
    - Previous Client
    "We appreciate the courtesy and professionalism of your wonderful staff."
    Dear Mr. Smith,
    We just want to thank you for all your help in our son’s recent traffic case. Things were looking extremely bleak. However, thanks to your knowledge of the law, persistence, ability to talk to people, hard work and grace … What a relief it has been. We also appreciate the courtesy and professionalism of your wonderful staff.
    - Previous Client
    "Thank you for making it possible for me to continue with my life."
    Dear Ron,
    I am consumed with awe for your legal maneuvering to assist me in court yesterday. Thank you for making it possible for me to continue with my life.
    - Previous Client
    "I appreciate the courtesy and professionalism."
    To Ron Smith,
    I just wanted to extend my gratitude to you for representing me earlier this month when I went back to court to obtain my restricted license. I appreciate the courtesy and professionalism from you and your staff and under no circumstances hope to ever need your services for a serious matter like that again.
    - Previous Client
    "Thanks for that usually elusive gift … a second chance."
    Dear Mr. Smith,
    Thank you for all your help. Please extend my thanks also to Martin for his patient support of an incoherent client, as well as to Lisa for her many phone calls. Thanks for that usually elusive gift … a second chance.
    - Previous Client
    "Thanks again Ron you ROCK!"
    Ron,
    I can’t thank you enough for everything. If it weren’t for you I would be in a world of hurt today. I owe you so many thanks. If you ever need anything!! Please pass along all my thanks to your staff and co-workers. Please let Lisa I’m so sorry you missed her lunch too. Thanks again Ron you ROCK!
    - Previous Client
    "I can look back on this experience as a valuable lesson and continue on with my life."
    Dear Mr. Smith,
    I wanted to tell you how grateful I am for your help with my recent difficult situation. I was amazed at your skill and knowledge of the court system, and appreciative of your insight in these matters. I can look back on this experience as a valuable lesson and continue on with my life. Thank you for giving me that opportunity.
    - Previous Client

Schedule Your Free Consultation

We’re Here to Help
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy