Reckless Driving in Virginia Reckless Driving is a Class 1 Misdemeanor which carries up to 12 months in jail and/or a $2,500 fine. It is codified in the Virginia Code as such: § 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. The other mainly charged Reckless Driving is by Speed. § 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 or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
Jad Sarsour: Fairfax Reckless Driving Lawyer
If you found this page, you probably need a free consultation. Our Fairfax reckless driving lawyer, Jad Sarsour, is happy to talk on the phone or in-person, it only takes a couple of minutes.
- To schedule or request consultation by telephone: Call (571)-348-3578
- To schedule online: Visit our Contact Page Here
- Our Location: 10521 Judicial Drive Suite 300 Fairfax, VA 22030
We focus our representation in Fairfax County, Prince William, Arlington, and Loudoun (among others) for reckless driving charges in Virginia.
Northern Virginia and Fairfax County Reckless Driving Defense
Fairfax Reckless Driving Lawyer Questions:
- Will my license be suspended?
- Is it possible I get charged with something else?
- Should I take a driving class before my court appearance?
- What can I do before court to help improve my outcome?
- Can or will I be fined?
- Can I go to jail?
When working with an attorney you have a greater chance of obtaining a plea bargain. Here are a few examples of how they can help:
- avoid a criminal conviction on your record;
- incur far fewer DMV demerit points;
- avoid jail time
- keep your driving privileges
- far greater risk of a $2,500 fine.
Forms of Reckless Driving in Virginia
1. The most common form of reckless driving is speeding 20+ over the speed limit;
46.2-862. 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 or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.
2. 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.
3. Passing a stopped, properly equipped school bus;
46.2-859. 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.
4. Overtaking/passing an emergency vehicle;
46.2-829. 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 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.
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.
46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.
- Any person who, while engaging in a race in violation of 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life:
- Causes serious bodily injury to another person who is not involved in the violation of 46.2-865 is guilty of a Class 6 felony; or
- Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
- Upon conviction, the court shall suspend the driver’s license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of 46.2-398.
6. Improper brakes, or while vehicle not under proper control;
7. Driving to fast for traffic conditions;
8. Passing a vehicle at a crest or a grade;
9. Overloaded vehicle such as to obstruct/interfere with drivers control;
10. Passing another vehicle at a railroad grade crossing;
11. Failing to give proper signal;
12. Failure to yield right-of-way when merging onto highway;
13. Passing two vehicles abreast;
14. Driving two abreast in a single lane;
15. Driving over 80 mph.
The reckless driving offense can even occur on a parking lot
46.2-864. Reckless driving on parking lots, etc. – A person shall be guilty of reckless driving who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:
- On any driveway or premises of a church, school, recreational facility, or business property open to the public; or
2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or
3. On any highway under construction or not yet open to the public