Charged with Reckless Driving in Virginia?

Understand the Potential Consequences Before Court.

Reckless driving in Virginia is more serious than an ordinary traffic ticket - it’s a criminal charge that can lead to criminal consequences.

As a Class 1 misdemeanor, a Reckless Driving conviction carries a maximum jail sentence of 12 months, a maximum fine of $2,500, and a possible license suspension of up to 6 months. A conviction can also impact immigration status, security clearances and background checks, insurance rates, and Department of Motor Vehicle sanctions.

Don’t go to Court alone. Harber Legal represents drivers charged with reckless driving in Leesburg, Loudoun County, and throughout Northern Virginia. As a Northern Virginia native & local business owner, Attorney Amy Harber is familiar with the nuances of local roads and traffic patterns and can help you craft the appropriate defense for your circumstances.

Common Types of Reckless Driving Charges

Reckless Driving (General) - Va. Code § 46.2-852

Reckless driving does not always involve excessive speed. Police can charge under this Code section for operating a vehicle in a manner that endangers the life, limb, or property of another. This is a common charge when the driver causes a motor vehicle collision & can result from other driving behaviors. Guilty or innocence in these cases often turn on the specific circumstances observed by the officer or other witnesses.

Virginia “Move Over” Violations - Virginia Code § 46.2-861.1

This Code section was enacted to protect police and other emergency workers who conduct official business on roadways. The law requires drivers who are approaching certain stationary vehicles displaying warning lights to move into a non-adjacent lane when it is reasonable and safe to do so or to proceed with due caution at a safe speed. Failure to do so will land you a reckless driving ticket. Traffic conditions, the positioning of the emergency vehicle, and other safety considerations all weigh heavily in the outcome of these charges.

Reckless Driving by Speed - Virginia Code § 46.2-862

Under this Code section, driver may be charged with reckless driving for driving:

• 20 mph or more above the applicable speed limit; or

• More than 85 mph, regardless of the posted speed limit.

Many Northern Virginia jurisdictions treat high speed cases more seriously and consider imposing jail time for speeds in excess of 90 mph. In these cases, the driver’s alleged speed, method of speed measurement, available calibration evidence, road and traffic conditions, driving record, and circumstances surrounding the stop are all crucial to the case outcome.

Other Reckless Driving Laws

There are several additional types of driving behavior that Virginia penalizes as reckless driving, including but not limited to:

• Passing on a Curve on the Highway - Virginia Code § 46.2-854

• Passing a School Bus - Virginia Code § 46.2-859

• Driving Too Fast for Conditions - Virginia Code § 46.2-861

• Reckless Driving in Parking Lots - Virginia Code § 46.2-864

• Racing - Virginia Code § 46.2-865

Your Individual Circumstances Matter

There is no one-size-fits-all defense to reckless driving.

Your driving record and the specific circumstances of the traffic stop are important when determining how to approach the case. Vehicle equipment & road conditions, your conduct and statements on the traffic stop, and the steps you’re willing to take before court all affect defense strategy.

Local practice matters too. Although Virginia's reckless driving statutes are apply to the whole state, neighboring jurisdictions often handle these cases very differently in Northern Virginia. Understanding the specific nuances and practices of the court you’re facing charges is an important part of evaluating your options.

If you’ve been charged with reckless driving and other serious traffic offenses in Loudoun County or elsewhere in Northern Virginia, Harber Legal can help you handle what’s next. Contact us to schedule a consultation today.