Virginia Reckless Driving Lawyer

People generally equate Reckless Driving with excessive speeding; however, the offense is defined much more broadly. In Virginia, “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.” Va. Code Section 46.2-852.

In Virginia, you can be charged with any number of offenses that amount to Reckless Driving. For example, the following violations are Reckless Driving:

  • Driving at a speed or in a manner that endangers the life, limb, or property of another person (Va. Code Section 46.2-852);
  • Driving at a speed that is unreasonable under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit (Va. Code Section 46.2-861);
  • Driving at a speed of 20 mph or more over the posted speed limit (Va. Code Section 46.2-862);
  • Driving at a speed of 80 mph regardless of the posted speed limit (Va. Code Section 46.2-862);
  • Engaging in a race between two or more motor vehicles (other penalties apply) (Va. Code Section 46.2-865);
  • Failing to properly yield prior to entering a highway from a side road (Va. Code Section 46.2-863);
  • Driving while vehicle is not under proper control or that has inadequate or improperly adjusted brakes (Va. Code Section46.2-853);
  • Passing another vehicle while on or approaching the crest of a grade or on or approaching a curve in the highway (Va. Code Section 46.2-854);
  • Driving a vehicle when it is so loaded as to obstruct the driver’s view or to interfere with the driver’s control of the vehicle (Va. Code Section 46.2-855);
  • Passing or attempting to pass two vehicles traveling side by side (Va. Code Section 46.2-856);
  • Driving alongside another vehicle in a single lane (Va. Code Section 46.2-857);
  • Overtaking or passing another vehicle at a railroad grade crossing or at an intersection of highways (Va. Code Section46.2-858);
  • Passing a stopped school bus (Va. Code Section 46.2-859); and
  • Failing to give proper turn, slow and stop signals (Va. Code Section 46.2-863).

Reckless Driving is a Class 1 misdemeanor, which carries up to a fine of $2,500 and/or up to 12 months in jail. Upon conviction, a court may suspend the defendant’s driver’s license for a minimum of 10 days up to a maximum of 6 months, in addition to other penalties for more serious forms of the offense.  Reckless Driving is a serious charge and can affect your life far beyond your driving privileges. If you have been charged with Reckless Driving, contact the attorneys at Patel & Williams, PLLC.