What Is Considered Reckless Driving in Virginia And Why It’s More Serious Than You Think
Key Highlights
- If you’re wondering what is considered reckless driving in Virginia, it is a criminal violation by endangering the life, limb, or property of others. Driving more than 20 mph over the speed limit, driving over 85 mph, or passing a stopped school bus, these are automatically considered reckless behavior.
- Reckless driving is classified as a Class 1 misdemeanor (the same as a first offense DUI). If convicted, you will receive a permanent criminal record, fines of up to $2,500, and possibly jail time.
- If convicted, you will receive the maximum 6 demerit points on your Virginia DMV record for 11 years. Since it is a criminal offense, it will also show up on your employer’s background check.
- You should rarely just plead guilty. An attorney can frequently contest the charge based on radar accuracy or because the speedometer has been calibrated or negotiate the ticket down to a lesser charge that is not criminal in nature.
If you have recently received a reckless driving ticket Virginia, you may be thinking of treating it as simply a regular traffic ticket and just paying your fine; however, that would be a huge error. Reckless driving in Virginia is classified as a criminal offense; if you clearly understand what is considered reckless driving in Virginia and the penalties associated with this type of offense, you will be better prepared to deal with what happens next.
At Tatum & Atkinson Law Firm, we have successfully assisted many Virginia drivers accused of reckless driving and done so in a manner that has provided our clients with clarity on the legal process and confidence in their ability to fight these charges.
If you have been charged with reckless driving, please don’t hesitate to call us for your free consultation at (800) 529-0804.
What Is Considered Reckless Driving in Virginia?
Virginia traffic violation law defines reckless driving as operating a motor vehicle in a way that recklessly poses a risk of harm to others’ life, limb, or property. Among those actions that are expressly enumerated by statute are a variety of behaviors that qualify for reckless driving.
What is considered reckless driving in Virginia includes the following:
- Going in excess of 20 mph or more over the posted speed limit, regardless of whether there is a sign that indicates a speed limit or not
- Going over 85 mph regardless of the speed limit
- Passing a school bus that has stopped to drop off a child
- Passing at a railroad crossing or at the crest of a hill
- Driving with defective brakes
- Racing with another vehicle
- Operating the vehicle at such a high speed that you lose control
It should be noted that there are some similarities between aggressive driving Virginia laws and Virginia reckless driving laws, but they are two separate offenses with different penalties.
Reckless Driving by Speed: The 80 mph Question
Virginia traffic laws are very strict and are often unknown to many out-of-state and Virginia drivers. This section will outline the critical speed thresholds, penalties associated with those speeds, the difference between misdemeanor and felony classifications, and much more.
The 80 mph Threshold
You can be charged with reckless driving if you are driving 80 mph or faster, depending on the zone in which you are traveling. If you are driving 80 mph on an area that is designated as a 60 mph zone, you could be charged with a misdemeanor; if you are driving 20+ mph over the speed limit, you will most likely be charged with reckless driving.
Virginia Code § 46.2-862
Reckless driving by speed Virginia is defined. You will receive a criminal reckless driving charge if you are going 20 mph over the posted speed limit or if your speed exceeds 85 mph, regardless of the speed limit.
Penalties and DMV Points
The consequences of being convicted of reckless driving are heavy. Reckless driving convictions will add a maximum of six demerit points to your Virginia DMV record, incur fines of up to $2,500, and remain on your record for 11 years.
Misdemeanor vs. Felony Charges
In Virginia, reckless driving is typically a Class 1 misdemeanor offense, meaning it creates a permanent criminal record. However, reckless driving charges rise to Class 6 felony offenses if there is a fatality caused or if you were operating on a suspended license at the time.
Minor Speeding Infractions
In Virginia, speeding is technically illegal if you exceed the speed limit by even 5 mph. Minor speed-related violations (like driving 36 mph in a 30 mph zone) are civil infractions, but you will incur 3 demerit points against your driving record if you commit these infractions.
Is Reckless Driving a Misdemeanor in Virginia?
Yes, reckless driving is a Virginia misdemeanor traffic offense. In fact, reckless driving, which is charged as a Virginia misdemeanor, is classified as a class 1 misdemeanor. This classification makes all reckless driving offenses equivalent to a DUI.
Criminal reckless driving Virginia has the following penalties:
- Fine up to $2500
- Up to 12 months in jail.
- 6 demerit points on your driving record for 11 years
- You will be sentenced or have your license suspended (at least for 6 consecutive months)
- A permanent criminal record
Reckless driving is treated very seriously under Virginia law. As such, it can cause a significant impact on your life. It can be used against you in a court of law or show up on background checks.
How Reckless Driving Compares to Related Charges
The distinction between careless driving vs reckless driving Virginia is significant. Careless driving relates merely to inattention (such as forgetting to signal or temporarily drifting out of your lane), while reckless driving pertains to the conscious disregard for the safety of others.
DUI and reckless driving Virginia are sometimes linked. In some instances, prosecutors reduce DUI charges, via plea bargain, to reckless driving (i.e., “wet reckless”) because the respective consequences of a DUI conviction are more serious than those of a reckless driving conviction.
Virginia suspended license reckless driving is one of the worst and most dangerous charge combinations, as reckless driving while having a suspended license can be considered a felony charge.
How Bad Is a Reckless Driving Ticket in VA, and Can It Be Dismissed?
A reckless driving citation is one of the most serious traffic violations in the state of Virginia, as it will go on your criminal history, increase your automobile insurance, and could cause you to lose your job if you have a CDL or professional license requiring a clean record.
Are you trying to figure out how to get a reckless driving ticket dropped? It is possible, but it will possibly require you to strategize with your reckless driving accident lawyer Virginia. Common forms of defense include:
- Calibration records: Disputing the accuracy of the officer’s radar or speedometer.
- GPS evidence: Using navigation apps or systems installed in your vehicle to dispute the speed that was recorded.
- Necessity defense: Having the ticket written off because reckless driving was a result of an emergency.
- Reduction to improper driving: Negotiating your charge down to a lesser, non-criminal offense like improper driving.
- Speedometer calibration: Showing a certified calibration of your speedometer, if applicable, to show that the automobile’s equipment was not working correctly.
Should I Plead Guilty to Reckless Driving?
Generally, never without speaking to an attorney first! Reckless driving penalties Virginia courts can stay with you for over a decade. An experienced reckless driving lawyer Virginia may be able to get your charge reduced or completely dismissed.
“If it’s your first offense, there is a zero percent probability that you’ll go to jail, but there are judges in Virginia who sometimes jail offenders for cases of extreme speed. Most first-time offenders will receive fines and demerit points or have their license suspended; however, if you exceed 90 mph, there is always a possibility of jail time as well.” – Robert Tatum
Don’t Face This Alone. Contact Tatum & Atkinson Law Firm Today
The consequences of a reckless driving charge in Virginia can be severe and lifelong, such as the act appearing on criminal records; you can lose your license, get insurance hikes, and possibly get jail time. These cases should always be dealt with the help of an attorney who has experience handling reckless driving charges.
At Tatum & Atkinson Law Firm, we understand what is considered reckless driving in Virginia and the laws associated with such charges. If you or a loved one is facing charges of reckless driving, reach out to us today. The earlier you reach out, the more options available to you.
Reach out right now to reduce your financial risk by contacting an attorney. Call (800) 529-0804 now for a free consultation.
Frequently Asked Questions!
Do I have to appear in court for a reckless driving charge in Virginia?
Yes. Reckless driving can involve a criminal charge and will require you to appear before a judge. A Virginia traffic violation attorney can represent you in certain places, thus eliminating the need for you to appear in Virginia court for reckless driving.
Can an out-of-state driver be charged with reckless driving in Virginia?
Absolutely, yes. Virginia’s reckless driving laws do not distinguish between in-state and out-of-state drivers. In addition, any conviction will also be reported back to the out-of-state driver’s home state DMV.
Can reckless driving in Virginia affect my job or professional license?
The answer is yes. Reckless driving (due to creating a criminal record) can affect jobs by showing up on background checks, affecting your CDL eligibility & professional licenses for jobs requiring clean records (automobile driving histories).
What defenses work best against reckless driving charges in Virginia?
Effective ways to defend against speeding reckless driving Virginia include: challenging the accuracy of speed measurement; providing a speedometer calibration certificate; offering evidence of an emergency situation; or negotiating a lesser charge of improper driving, thus avoiding a permanent record.
Is reckless driving considered a misdemeanor in Virginia?
When motor vehicles are driven recklessly, it’s called reckless driving, which is a Class 1 misdemeanor in Virginia. The maximum jail sentence can be one year, and the fine is $2,500, along with receiving six points toward your driving record.
