Under Virginia law, one can be convicted of Reckless Driving under a variety of circumstances, including but not limited to speeding 20 miles over the posted speed limit, speeding 80 mph or above, or, though not last, driving dangerously in a parking lot. Reckless Driving is also a crime and considered a Class 1 Misdemeanor—the highest class misdemeanor in Virginia. In addition, any person who drives a vehicle in a willful or wanton disregard for the safety of others or property could be guilty of reckless driving. This language is typically cited by law enforcement to charge Reckless Driving involving an accident or vehicular crash.
When to Hire a Reckless Driving Attorney
Under Virginia law, a Reckless Driving charge is not prepayable and the accused must appear in court to answer the charge in open court in front of a presiding judge. Appearing in court is a daunting and stressful experience, especially without an attorney. An attorney can help the accused not only resolved the case favorably, but provide guidance and comfort with the physical and logistical aspects of appearing for court. Although one has the right to represent his or herself in court, given the potentially devastating consequences of a Reckless Driving conviction, it is highly advisable to have the assistance of a trained and skilled attorney. A conviction for reckless driving can result in a fine as high as $1,500, a suspended or loss of one’s license, 6 demerit points, and in some cases, an active jail sentence. In addition, depending on your overall driving record, liability insurer, or employer, one can lose his or her insurance coverage, security clearance, and possibility job.
Do not let a Reckless Driving conviction ruin your livelihood and future. Let the Mason So Law Firm, and attorney Kosa So help you avoid a Reckless Driving conviction, or minimize the adverse effects of one.
Attorney Kosa So has handled hundreds of Reckless Driving cases over the past 12 years, including trying several high speed Reckless Driving cases to a jury. Pick up the phone and give us a call today to schedule a Free Consultation to discuss case.
Arrested for reckless driving in Virginia?
If you or someone you know has been arrested for reckless driving in Virginia, please take a minute to contact our firm and attorney Kosa So for a Free initial consultation regarding your case. At this time, you may be at risk of receiving negative demerit points on your driving record, a high monetary fine, losing your privilege to driving in Virginia, losing your insurance coverage or job, and even facing imprisonment.
A reckless driving conviction can potentially have long term consequences on your DMV driving record, your mobility, and on your life in general. You will need an experienced and passionate attorney to advocate for your rights, and help you maneuver through every step of the legal process, in and out of the courtroom.
Below is a list of driving behavior that may result in a reckless driving convition:
§ 46.2-862. Exceeding speed limit.
A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
§ 46.2-852. Reckless driving; general rule.
Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
§ 46.2-863. Failure to yield right-of-way.
A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.
§ 46.2-864. Reckless driving on parking lots, etc.
A person is guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
1. On any driveway or premises of a church, school, recreational facility, or business or governmental property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public.
§ 46.2-865. Racing; penalty.
Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.
§ 46.2-861. Driving too fast for highway and traffic conditions.
A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.
§ 46.2-860. Failing to give proper signals.
A person shall be guilty of reckless driving, who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.
The number of years that the conviction stays on your Virginia DMV record is in parentheses beside each violation.
Reckless Driving (Felony or Misdemeanor)
- Reckless driving – speeding in excess of 80 mph (11 years)
- Reckless driving – speeding 20 mph or more above the posted speed limit (11 years)
- Reckless driving – racing (11 years)
- Reckless driving – passing or overtaking an emergency vehicle (11 years)
- Reckless driving – passing a school bus (11 years)
- Reckless driving – passing on the crest of a hill (11 years)
- Reckless driving – passing at a railroad crossing (11 years)
- Reckless driving – passing two vehicles abreast (11 years)
- Reckless driving – driving two vehicles abreast (11 years)
- Reckless driving – driving too fast for conditions (11 years)
- Reckless driving – failing to give a proper signal (11 years)
- Reckless driving – faulty brakes/improper control (11 years)
- Reckless driving – on parking lots, etc. (11 years)
- Reckless driving – with an obstructed view (11 years)
- Reckless driving – generally (11 years)
- Speeding 20 mph or more above the posted speed limit (5 years)