You are driving down Route 95, and enjoying your traffic-free commute.
Your vehicle is keeping up with the pace of traffic, and you fail to notice
your speed. Then it happens – those dreaded blue lights of a Virginia
State Trooper are behind you. You pull over hoping the officer gives
you your speeding ticket quickly so that you can pay it off by mail when you
get to work. But that isn’t what happens at all. Instead, you
receive a ticket for “reckless driving,” and the officer makes sure to tell
you that you MUST appear in court and you CANNOT prepay the offense.
Now what do you do?
You wonder What is Virginia reckless driving?
In Virginia, reckless driving is Class One Misdemeanor Criminal
Charge, punishable by up to 12 months in jail, up to a $2,500 fine, and
a possible loss of your Virginia driving privilege for up to six months.
You could be arrested and have your car impounded at the discretion of the
police officer for committing this offense. To save time, most officers
bind you to show in court through your signature on the "summons."
There are many forms of Virginia reckless driving.
- The most
common form of reckless driving is speeding 20+ over the speed limit. This
offense is codified in § 46.2-862 of the Code of Virginia.
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 where the applicable speed limit is thirty miles per hour or less,
(ii) at a speed of sixty miles per hour or more where the applicable maximum
speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles
per hour or more in excess of the applicable maximum speed limits where the
applicable maximum speed limit is forty miles per hour or more, or (iv) in
excess of eighty miles per hour regardless of the applicable maximum speed
limit).
Other flavors of Virginia reckless driving include:
- Driving in a manner generally endangering others. This charge
is § 46.2-852 of the Code of Virginia.
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;
- You can even drive recklessly in the parking lot as encoded in
§ 46.2-864 of the Code of Virginia.
Reckless driving on parking lots, etc. - A person shall
be 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 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
Speeding above 80 miles per hour is reckless driving regardless
of what the speed limit is. This is codified in § 46.2-862 of
the Code of Virginia.
- Even passing a school bus improperly can get you arrested as codified
in § 46.2-859 of the Code of Virginia.
Passing a stopped school bus; prima facie evidence - 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 for the purpose of taking on or discharging children,
the elderly, or mentally or physically handicapped 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 on 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 need not 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 which are equipped with warning devices prescribed
in § 46.2-1090 and are painted yellow with the words "School Bus" in
black letters at least eight inches high on the front and rear thereof. Only
school buses which are painted yellow and equipped with the required lettering
and warning devices shall be identified as school buses.
- Racing, often a charge overused by police officers with scant evidence
of intention to race, is a very serious form of reckless driving as encompassed
in § 46.2-865 of the Code of Virginia.
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.
- Driving a vehicle with improper brakes, or while vehicle not under
proper control is reckless driving as indicated in § 46.2-853 of the
Code of Virginia.
Driving vehicle which is not under control; faulty brakes
- A person shall be guilty of reckless driving who drives a vehicle which
is not under proper control or which has inadequate or improperly adjusted
brakes on any highway in the Commonwealth.
You do not need to be driving at a certain speed to get reckless
driving charged against you.
- You can be summoned to court for simply "driving
to fast for traffic conditions" as indicated in § 46.2-861 of
the Code of Virginia.
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.
- Failing to give proper signal § 46.2-860 of the Code of Virginia.
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.
- Failure to yield right-of-way when merging onto highway will get
you a reckless driving charge under § 46.2-863 of the Code of Virginia.
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.
The list of sections enumerating, codifying, and defining three simple words
"Virginia Reckless Driving" is immense and the chage can have a significant
impact in several aspects of your life.
- It can impact your insurance – either by increasing your rates or
having the insurance company dropping you altogether.
- If you have a security clearance, or if you are the process of trying
to obtain one, depending on the level of clearance, a reckless driving conviction
can hinder the process, or be detrimental to an existing clearance.
- If you are in the process of trying to become a United States citizen,
it could have a negative impact on that process by elongating the time for
the government to conduct your background check.
A reckless driving can impact your privilege to drive altogether
in Virginia as the Virginia DMV can suspend your Virginia driving privileges
because of too many points/tickets. This is in addition to and independent
of the six months the judge can suspend your right to drive in Virginia.
If you have a commercial driver’s license, you could have it disqualified
for a period of time. The Department of Motor Vehicles will disqualify
for the below-listed period of time:
1. A sixty-day disqualification period for
any person convicted of two serious traffic violations within three years;
or
2. A 120-day disqualification period for
any person convicted of three serious traffic violations within three years.
All disqualifications run consecutively, and not concurrently.
Va. Code Ann. § 46.2-341.20 (2004).
So what do you do if you are one of the hundreds of people
every year who get charged with reckless driving all over Virginia?
First, do not plead guilty without the advice of competent
counsel. It is possible to have a defense to this charge. Sometimes
you are charged with reckless driving, but the charge may more properly be
the lower offense of “improper driving” – a non-criminal traffic offense.
An improper driving charge carries with it up to a $500 fine, and a 3 point
violation on your Virginia DMV record. Recall, reckless driving carries
6 demerit points.
A properly prepared attorney can help you prepare for court as well.
Sometimes there are mitigating issues that may help in getting the charge
reduced. These defenses, and mitigating factors include:
(1) a clean driving history,
(2) speedometer calibration issues,
(3) emergency situation,
(4) school bus not properly marked/equipped,
(5) emergency vehicle not properly marked/displaying improper lights,
(6) wet pavement,
(7) passing was not at a crest/curve,
(8) you passed a bicycle, motorcade, moped, etc.
(9) physical barrier between you and school bus,
(10) you had permission to race from the landowner,
(11) an accident doesn’t mean you were driving recklessly,
(12) pacing issues,
(13) radar/lidar calibration issues,
(14) a ‘caution’ sign is not a speed limitation sign,
(15) school bus stopped for reason other than loading/unloading,
(16) highway had multiple passing/driving lanes,
(17) you didn’t know of your vehicle’s defects before being charged, etc.
One or more of these defenses may be applicable to your case. Different
jurisdictions view these defenses, and mitigating factors differently, so
make sure you have an attorney who is familiar with your charging court, and
with whom you are comfortable. Things that an attorney may have you
do before court would include:
(1) getting your speedometer calibrated,
(2) taking a Driver Improvement course,
(3) getting character reference letters,
(4) getting a copy of your driving record, etc.
Keep in mind, if you are ever one of those unfortunate persons who find
themselves in such a predicament, consult an experienced attorney before
you go to court. It may make all the difference.
Bose Law Firm, PLLC
Reckless Driving Attorneys in Virginia
Former Police and Investigators
Springfield Offices:
6354 Rolling Mill Place, Suite 102
Springfield, VA 22152
Telephone 703-926-3900
Toll free 877-372-2827
