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Reckless Driving

Reckless driving in Virginia is a Class 1 Misdemeanor. It cannot be prepaid, the conviction can result in up to $2,500 fine, 6 demerit points on your DMV record, and the possibility of jail time. There are many Reckless Driving types in Virginia, 3 most common ones are:

  1. General Reckless Driving under 46.2-852. Reckless, in a context of this statute, means “a disregard for the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property.” The driver whose conduct leads to the car accident is normally charged under this section.
  2. Reckless driving by speed under 46.2-862. This statute applies if you are caught driving 20 mph or more over the speed limit or at the speed of over 85 mph.
  3. Reckless driving based on failure to maintain control or faulty brakes under 46.2-853. It is also commonly charged in traffic accident cases.

Whether you get active jail time if convicted of Reckless driving depends on many factors, including you prior driving record, your speed, and specific circumstances of your case. Going over 90-100mph will usually make a possibility of jail time more realistic.

The defenses that can be used in your case will depend on the specific type of RD you are charged with and can include challenging the officer’s method of determining your speed, improper calibration certificate and the sufficiency of the evidence to prove beyond reasonable doubt your conduct was in fact “reckless.”

Sometimes it is possible to negotiate the reduction of your Reckless Driving charge to a traffic offense, like simple speeding or Improper driving.

If you charged with Reckless Driving, consult the experienced Virginia traffic attorney to discuss your possible defenses under the specific circumstances of your case.

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