Reckless Driving in Virginia is a Class 1 Misdemeanor which carries up to 12 months in jail and/or a $2,500 fine. It is codified in the Virginia Code as such: § 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 speed or in a manner as to endanger the life, limb, or property of any person shall be guilty of reckless driving. The other mainly charged Reckless Driving is by Speed. § 46.2-862. Exceeding the speed limit. A person shall be guilty of reckless driving if they drive a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more above the applicable maximum speed or (ii) over eighty miles per hour regardless of the applicable maximum speed. Driving too fast for highway and traffic conditions is a form of reckless driving in Virginia.
If you found this page, you probably have been charged with reckless driving. Contact us, Our Fairfax reckless driving lawyer, Jad Sarsour. He is happy to talk on the phone or in-person; it only takes a couple of minutes.
We are able to represent your case in Fairfax County for reckless driving charges in Virginia.
When working with an attorney, you have a greater chance of obtaining a plea bargain. Here are a few examples of how they can help:
46.2-862. 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 over the applicable maximum speed limit or (ii) above 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 as to endanger the life, limb, or property of any person shall be guilty of reckless driving.
46.2-859. A person is guilty of reckless driving who fails to stop when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway to take on or discharge children, the elderly, or mentally or physically disabled persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also needs not to stop when approaching a school bus, which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses equipped with warning devices prescribed in 46.2-1090 and painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear. Only school buses painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
46.2-829. Upon the approach of any emergency vehicle as defined in 46.2-920 giving an audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking or alternating emergency light or lights as provided in 46.2-1022 through 1024, the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law enforcement officer, until the emergency vehicle has passed. This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.
Violation of this section shall constitute a failure to yield the right-of-way; however, any violation of this section involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in 46.2-868.
46.2-865. 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 no less than six months. In case of conviction, the court shall order the surrender of the license to the court where it shall be disposed of per the provisions of 46.2-398.
Driving too fast for highway and traffic conditions is a form of reckless driving in Virginia. The majority of reckless driving cases in Virginia tend to be strictly speed-related, unlike this charge. Sometimes, our Fairfax VA and Northern VA Criminal Law Firm will see this charge following a car accident. But for this specific charge, the prosecution must prove speed was unreasonable at the time of the offense. Howelaw’s breadth allows ways for Virginia criminal lawyers and local Fairfax VA reckless driving attorneys to raise reasonable doubt. Lack of evidence is one way the prosecution’s case might fail (or not be brought – nolle prosequi). If the only witness to the accident was the driver, and he or she makes no admissions to the police, then the case will be difficult for the Commonwealth absent evidence tying the cause of the accident to speed, given conditions at the time of the accident. In poor weather, if an accident occurs, the officer must rely on admissions and statements (and perhaps other evidence) because he/she did not witness the accident or the alleged unreasonable speeding. This puts the prosecution in an automatic hole. It does not mean you will automatically win, but it presents a unique challenge for prosecutors. In cold months when snowfall is more likely, or wet seasons when visibility is decreased (i.e., fog), some unfortunate motorists will find themselves facing this Class 1 misdemeanor. The weather may render the posted speed limit unsafe. In extreme cases such as driving 30 mph below the speed limit, the circumstances concerning the driver’s speed could, in theory, result in a reckless driving charge. Although just a misdemeanor, it may be punishable by up to a year in jail. Realistically, what can one expect? There is no blanket one-size-fits-all answer. A call to a Fairfax Va reckless driving lawyer is the first step that should be taken when getting a reckless driving charge.
A person shall be guilty of reckless driving who operates any motor vehicle at speed or in a manner to endanger the life, limb, or property of any person: