Understanding Reckless Driving in Virginia: Know the Stakes

By Reece | | Criminal

Praying for no ticket - The Jackson Law Group

When it comes to reckless driving charges in Virginia, it’s a mistake to underestimate their gravity. Unlike typical traffic violations, reckless driving is not a minor issue. In the Commonwealth, it’s a criminal offense that carries severe penalties. In this article, our Virginia criminal defense lawyer will shed light on what constitutes reckless driving in VA, the potential consequences, and available defenses.

Defining Reckless Driving in Virginia

Under Virginia law, reckless driving encompasses any driving behavior that places others’ lives, limbs, or property at risk. This definition is broad, encompassing various actions that can result in reckless driving charges. Some common examples include:

  1. Excessive Speed: Driving at speeds 20 miles per hour or more over the speed limit, or exceeding 80 miles per hour on any Virginia road, is considered reckless driving.

  2. Unsafe Speed: Driving too fast for traffic or weather conditions can also lead to reckless driving charges.

  3. Right-of-Way Violations: Failing to yield the right-of-way as required by law can be classified as reckless driving.

  4. Racing or Wheel Spinning: Engaging in drag racing or spinning a vehicle’s wheels in a manner that endangers others can result in a reckless driving charge.

  5. Illegal Passing: Passing other vehicles illegally or in a hazardous manner may lead to reckless driving charges.

  6. Brake Issues: Operating a vehicle with improper brakes is considered reckless driving.

  7. Overloaded Vehicles: Driving a vehicle that exceeds weight limits can also result in reckless driving charges.

  8. Accidents: Being involved in an accident where your driving behavior endangered others can lead to a reckless driving charge.

This list is not exhaustive, and law enforcement can charge you with reckless driving if they believe your driving behavior poses a danger to others or their property.

Reckless Driving Penalties in Virginia

Reckless driving in Virginia is classified as a Class 1 misdemeanor, and the associated penalties are significantly more severe than typical traffic violations:

  • Jail Time: A conviction can result in up to one year in jail.

  • Fines: You may face fines of up to $2,500.

  • License Impact: Six demerit points may be added to your driver’s license, and your license may be suspended for up to six months.

  • Driving Record: The conviction will remain on your driving record for 11 years.

It’s crucial to understand that simply paying a fine won’t resolve the matter when facing reckless driving charges.

Defenses to Reckless Driving

Working with a knowledgeable lawyer after being charged with reckless driving is essential to avoid the severe consequences of a conviction. Various defenses can be employed, tailored to the specifics of your case. Examples include demonstrating that you were on a private roadway or in a gated community, which would exempt you from reckless driving charges. Mitigating factors, such as a clean driving record, radar calibration issues, speedometer errors, or completion of driving school, may lead to reduced or dropped charges.

Consult Our Criminal Defense Lawyer in Virginia

If you’re facing reckless driving charges, it’s critical to take the matter seriously. The Jackson Law Group, PLLC, offers the strong defense you need to protect your freedom. Contact us today via phone or text at (276) 200-5479 or chat with us online to request a consultation and gain a deeper understanding of your legal options.