Virginia Reckless Driving
Reckless driving in Virginia is a serious criminal charge with possible ramifications to one's career, security clearance, and insurance costs. Reckless driving is a Class 1 misdemeanor - in the same classification as a DWI charge.
As stated clearly in the Code of Virginia, the penalty parameters for reckless driving is up to one year in jail, and/or up to $2,500 in fines. Reckless driving also carries the possibility of a suspension of driving privileges for up to 6 months.
A conviction for reckless driving carries with it six (-6) demerit points as assessed by the DMV in Virginia. The courts in northern Virginia do not control the point issue and judges often state this at the beginning of the Court session.
If you are convicted of reckless driving and you have other convictions on your record including other reckless or speeding charges, you should seek the services of an attorney as there may be administrative action by the DMV upon your conviction. Also, a person with other traffic offenses and/or a negative point rating of the DMV record are often sentenced more harshly than persons with a positive ratings.
Judges love to see drivers with a +5 ratings and often give these drivers lower fines upon conviction of the reckless driving charge if the facts are not egregious. In Fairfax, Alexandria and Arlington, however, Judges usually will not take this action without a motion from either the defendant or defense counsel.
A handful of Judges in northern Virginia will not reduce a reckless driving charge under any circumstance. In these cases, it is often intelligent to plea bargain with the prosecutor. Plea bargaining keeps the issue away from the judge and is beneficial because most Judges will not second guess the judgment of the prosecutor and will sign the order as presented. Note that in Fairfax, an unrepresented party will not be able to plea bargain with the prosecutor pursuant to policy.
Indeed, reckless driving is a serious criminal charge, but it is a catch-all offense often over-charged by police officers. Reckless driving; general rule § 46.2-852 is the most common charge for police officers. The language of the section is so broad that it can be applied under almost any circumstance. The other sections of the Code are much more specific.
In the case of general reckless driving, the government attorney must prove that the driver (1) drove at a speed or in a manner so as to endanger life, limb, or property of another; or (2) that the driver disregarded the consequences of his actions and displayed an indifference to the safety of life, limb, or property. The action must be intentional on the part of the driver. Losing control of a vehicle because of an oil slick on the road, for instance, does not meet the level of proof required for this charge.
You wonder what is Virginia reckless driving?
In Virginia, reckless driving is Class One Misdemeanor Criminal Charge, punishable by up to 12 months in jail, up to a $2,500 fine, and a possible loss of your Virginia driving privilege for up to six months. In addition, you could be arrested and have your car impounded at the discretion of the police officer for committing this offense. To save time, most officers bind you to show in court through your signature on the "summons."
FORMS OF VIRGINIA RECKLESS DRIVING:
The most common form of reckless driving is speeding 20+ over the speed limit;
§ 46.2-862. Exceeding speed limit - A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit).
Driving in a manner generally endangering others;
§ 46.2-852. Reckless driving; general rule - 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;
Passing a stopped, properly equipped school bus;
§ 46.2-859. Passing a stopped school bus; prima facie evidence - A person is guilty of reckless driving who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
Overtaking/passing an emergency vehicle;
§ 46.2-829. Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way - Upon the approach of any emergency vehicle as defined in § 46.2-920 giving audible signal by siren, exhaust whistle, or air horn designed to give automatically intermittent signals, and displaying a flashing, blinking, or alternating emergency light or lights as provided in §§ 46.2-1022 through 46.2-1024, the driver of every other vehicle shall, as quickly as traffic and other highway conditions permit, drive to the nearest edge of the roadway, clear of any intersection of highways, and stop and remain there, unless otherwise directed by a law-enforcement officer, until the emergency vehicle has passed. This provision shall not relieve the driver of any such vehicle to which the right-of-way is to be yielded of the duty to drive with due regard for the safety of all persons using the highway, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way. Violation of this section shall constitute failure to yield the right-of-way; however, any violation of this section that involves overtaking or passing a moving emergency vehicle giving an audible signal and displaying activated warning lights as provided for in this section shall constitute reckless driving, punishable as provided in § 46.2-868.
Racing;
§ 46.2-865. Racing; penalty - Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.
By: Sudeep Bose, Esq., Bose Law Firm, PLLC - Former Police and Investigators.
Bose Law Firm, PLLC
6354 Rolling Mill Place, Suite 102
Springfield, VA 22152
8180 Greensboro Drive, Suite 775
McLean, VA 22102
Telephone: 703-926-3900
Virginia Traffic Laws Explained Fully
Bose Law Firm, PLLC
Virginia Workers Compensation Lawyers
Virginia Immigration Lawyers
Virginia Personal Injury Lawyers
Virginia Criminal Laws Explained
Send E-Mail to: bose@boselawfirm.com
Copyright © 2001 Bose Law Firm - Former Police and Investigators. All Rights Reserved