What You Should Know About Reckless Driving in Virginia

The information in this article is for general informational purposes only and does not constitute legal advice. Virginia law changes; consult an attorney about your specific situation.

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Reckless Driving Is a Criminal Charge

Many drivers who receive a reckless driving summons in Virginia assume they are facing a routine traffic ticket. This misunderstanding can have serious consequences.

Under Virginia law, reckless driving is classified as a Class 1 misdemeanor, the same category as certain assault charges and first-offense DUI. It is a criminal offense, not a civil infraction, and a conviction will result in a criminal record.

Common Reckless Driving Charges in Virginia

Virginia Code § 46.2-852 and related statutes define several forms of reckless driving. The most frequently charged include:

• Excessive speed: Driving 20 mph or more over the posted speed limit, or driving over 85 mph regardless of the posted limit (§ 46.2-862)
• Racing: Participating in a speed contest on a public highway
• Failing to maintain control: Driving a vehicle with faulty brakes or in a manner that endangers persons or property
• Passing improperly: Passing a school bus with flashing lights extended

Note that the 85-mph threshold applies regardless of the speed limit. On a 70-mph highway, driving at 86 mph may result in a reckless driving charge even though the driver is only 16 mph over the limit.

Potential Consequences of a Reckless Driving Conviction

A reckless driving conviction in Virginia can result in:

• A permanent criminal record
• Fines of up to $2,500
• Up to 12 months in jail (though jail sentences vary significantly by case and jurisdiction)
• Six demerit points on your Virginia driving record (remaining for 11 years)
• Possible license suspension (up to 6 months)
• Increased insurance premiums

The actual consequences depend on the specific facts of the case, including speed, driving record, jurisdiction, and other factors. We cannot predict or promise any particular outcome.

Why This Matters Before Your Court Date

A key difference between a reckless driving charge and an ordinary traffic ticket is that you may have more options than you realize, but those options generally need to be explored before your court date, not at the courthouse door.

Factors such as your driving record, the specific speed alleged, whether you were driving for employment, and the policies of the local jurisdiction can all affect how a matter proceeds.

If you have received a reckless driving summons in Virginia, consulting with an attorney before your court date is advisable.

Note on Geographic Variation

Virginia’s 135 independent cities and counties can vary in how reckless driving cases are handled locally. What is common practice in one jurisdiction may differ in another.

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This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case.

Statutes referenced: Virginia Code §§ 46.2-852 through 46.2-868. Laws may change; verify current law with an attorney.