Reckless Driving 46.2-852 to 46.2-865

Reckless Driving 46.2-852, 46.2-853, 46.2-854, 46.2-855, 46.2-856, 46.2-857, 46.2-858, 46.2-859, 46.2-860, 46.2-861, 46.2-862, 46.2-863, 46.2-864, & 46.2-865

Reckless driving is a serious traffic offense in Virginia and is often classified as a Class 1 misdemeanor. Under the Virginia Motor Vehicle Code, reckless driving encompasses several different acts. Therefore, the definition of reckless driving is lengthy and broad. The two most common reckless driving charges include reckless driving based on speed (VA Law 46.2-862) and reckless driving based on being involved in an accident (46.2-852 or 46.2-853).

Most statutes dealing with reckless driving in Virginia outline specific offenses, but vague or subjective reckless driving crimes exist. A reckless driving conviction can have various penalties, including jail time, fines, driver's license suspension, accumulating points on your driving record, or even a criminal record. If you or a loved one faces reckless driving charges in Virginia, you should contact an experienced attorney to help you fight against them. At the Virginia Criminal Attorney, we have committed attorneys who understand all the reckless driving statutes. We can help you create a solid defense and negotiate for a fair ruling in Northern Virginia and Fairfax.

Virginia Reckless Driving Statutes

Virginia has many reckless driving statutes, but all qualify as class 1 misdemeanors.

General Reckless Driving - 46.2-852

The Virginia Code 46.2-852 outlines the primary reckless driving statute. Under this statute, you can face reckless driving charges if you drive your vehicle on a highway recklessly or at a high speed. You could also face charges if you drive in a manner that endangers the life of another person or property, irrespective of the recorded speed. Under this statute, reckless means that a driver disregards the consequences of their actions or is indifferent to the safety of life or property.

You can face general reckless driving charges under 46.2-852 if you are involved in an accident and the officer considers you responsible. To be convicted under this statute, you must have been driving at a high speed or in a manner that endangered another person's life or property.

Reckless Driving By Speed - 46.2-862

Under Virginia law, you can face criminal charges if you drive at a high speed, above the allowed speed limit. Under this statute, you can face reckless driving charges if you operate a vehicle 20 miles per hour or more above the permitted speed limit. You can also face charges if you drive above 85 mph, irrespective of the posted speed limit. This statute covers all roads in Virginia and classifies speeding as a criminal offense, not just a traffic infraction.

Other Reckless Driving Statutes

The other reckless driving statutes under Virginia law include the following:

• 46.2-853 defines reckless driving under Virginia law as driving a vehicle that is not under proper control or whose brakes are inadequately adjusted
• 46.2-854 states that reckless driving involves passing another vehicle approaching a curve or the crest of a hill where the view is obstructed
• 46.2-855 outlines that you can engage in reckless driving if you drive with the view to your front or the sides obstructed, or if you drive while someone or something is interfering with a driver's control of the driving mechanism
• 46.2-856 Reckless driving involves attempting to pass or passing two vehicles abreast
• 46.2-857, you can face reckless charges if you drive abreast of another vehicle in a lane that is designed for one vehicle
• 46.2-858 defines reckless driving as overtaking or passing another vehicle at an intersection or railroad crossing
• 46.2-859: you can face reckless driving under this statute if you pass a stopped school bus under certain circumstances
• 46.2-860 states that reckless driving can result if you fail to give timely and adequate signals of an intention to turn, slow, or stop
• 46.2-861 outlines that reckless driving can occur if you exceed the reasonable speed limit, considering the circumstances or the traffic at the time
• 46.2-863 outlines several circumstances under which a driver's failure to yield to the right of way could amount to reckless driving
• 46.2-864 is almost similar to the offense outlined under 46.2-852, which makes it illegal and defines reckless driving as any form of driving that endangers people or property. However, where 46.2-852 only covers operation on public roads, 46.2-864 includes schools, churches, business property, recreation facilities, and roads under construction.
• 46.2-865 states that racing is a form of reckless driving in Virginia.

Determining Reckless Driving Charges

To measure the speed of moving vehicles, police officers use speed testing devices. The officers must prove that the speed measurements were accurate in a court of law. The judge will weigh the officers' results against your present defenses during the criminal case. The prosecutor could use the words you utter to the police at the roadblock to incriminate you more.

You can face additional charges for failing to appear in court as scheduled. Failure to appear is a Class 1 misdemeanor in Virginia, the same as the offense of reckless driving. The court can also charge you with reckless driving and failing to appear. You could face another year in jail or pay an additional fine not exceeding $2,500.

Prosecutors can use improper driving or speeding to build a reckless driving case against you. Speeding and improper driving are traffic infractions and have lower punitive measures. You could pay a fine of up to $250 for speeding and up to $500 for improper driving. The DMV can apply three to six demerit points for speeding and three points to your license for improper driving.

You could be convicted of improper driving if your charges are lowered from reckless driving. On the other hand, you could plead guilty to driving improperly to face lower penalties and avoid serious criminal consequences. Either way, you should consult an experienced lawyer for the best guidance.

The Potential Consequences Of Reckless Driving In Virginia

Below are the potential consequences of a reckless driving conviction and a Virginia law:

Hefty Fines

Reckless driving is a class 1 misdemeanor offense, and a conviction can attract a fine of up to $2,500. The actual fine imposed can vary significantly depending on your record, your speed, if applicable, the local court policy, and many other factors.

License Suspension

One of the consequences of reckless driving can be the suspension of your driver's license. This can be detrimental, especially if you depend on your license for work. Driving at a speed of 90 mph or more is likely to result in the suspension of your license, although this will vary depending on the local laws.

Jail Time

Jail time is not a standard penalty for reckless driving. However, if a driver drives at more than 90 to 100 mph, the judge can impose this penalty. Speaking to an experienced attorney if you receive a speeding ticket is essential to help you better understand how judges handle the issue. A reckless driving conviction can attract a jail term of up to one year, in addition to having demerit points on your driving record and paying hefty fines.

If you are a first-time offender, you can perform community service instead of going to jail. Your jail sentence can also vary depending on the judge's impression of you. You can make a good impression by completing the assigned treatment programs on dangerous driving or taking additional driving classes before the court trial.

Impact On Driving And Criminal Record

A reckless driving conviction can lead to six demerit points on your driving record. The conviction will stay on your driving record for 11 years. Additionally, if you are convicted of driving recklessly, you will have a permanent criminal record. If you accumulate several demerit points within a short period, the DMV might suspend or even revoke your driver's license. When the DMV puts six demerit points on your driver's license due to reckless driving, it could take up to 2 years for your license points to return to normal.

Reinstating your license could be an expensive and time-consuming process. In addition to accumulating demerit points, the judge can suspend your license if you repeatedly commit reckless driving crimes.

Increased Insurance Premiums

Several factors can determine the extent to which your insurance premiums will increase. To understand the impact of a reckless driving conviction on your insurance premiums, you should speak with your insurance agent.

Loss Of Employment

A reckless driving conviction can lead to the loss of employment. For example, if you depend on your driver's license for work, a license suspension would mean you cannot perform your job.

Defenses To Reckless Driving Charges

With the help of an attorney, you can come up with several legal defenses to prove that you are innocent.  The defenses can help you reduce your charges or even have your case dismissed by the judge. Here are some of the applicable defenses that you can use to fight against reckless driving charges:

You Drove Reckless Due To Necessity

Driving recklessly out of necessity can be a viable defense when fighting against driving charges in a Virginia court. Your attorney can prove that you operate your vehicle recklessly due to an emergency. You can also point out that your actions did not pose any danger to human life or property, and you did not have any alternative to your actions. However, this evidence will need to be proven with the help of a skilled attorney.

You Did Not Drive A Vehicle At The Time Of The Alleged Incident

You must have operated a vehicle to face reckless driving charges. If the law enforcement officers did not catch you committing this offense, it can be challenging for the prosecution to build a case against you. If it were a case of mistaken identity, you could prove this with the help of your attorney. However, this defense can only be applicable if you did not receive a reckless driving ticket.

You Did Not Drive Recklessly

For the prosecution to file charges against you, it must be evident that you were negligent or acted carelessly. With the help of an attorney, you can prove that when you drove your vehicle, you were conscious of other people's safety and property safety. If the prosecutor fails to provide sufficient evidence to show that you acted recklessly, your attorney can negotiate to reduce your charges.

Negotiate For Reduced Charges

If your charges are significant and cannot be dropped, your attorney can negotiate with the court to charge you with a lesser offense, like improper driving. Even if you are convicted of a lesser offense, you will not face jail time. Since improper driving is a non-criminal offense, a conviction will not affect your criminal record.

Negotiate For A Dismissal Of Your Charges

The judge can dismiss your charges if the prosecution fails to provide evidence to support the allegations against you. You cannot face charges if you prove that you drove at a safe speed. You will also not face charges if you were not driving when the crime occurred.

Reckless Driving FAQ

Below are some of the frequently asked questions about reckless driving in Virginia:

Can You Represent Yourself in a Reckless Driving Case?

The law does not require hiring an attorney when you face reckless driving charges. You can choose to represent yourself, but this is not advisable. Virginia's reckless driving laws are intricate, and you could face significant penalties following a conviction. A conviction of reckless driving will result in a permanent criminal record. You need an experienced attorney who is used to handling reckless driving charges to help you prevent this outcome.

An experienced attorney will help you research your case, negotiate with the prosecutors, and prepare you to win during the trial. Your attorney can even arrange a plea agreement to have you plead guilty to lesser charges or traffic infractions like improper driving. Each case encounters certain constitutional, evidential, and procedural issues that can hurt your case if not addressed appropriately.

You do not have to appear in court when you have an attorney because the attorney can appear on your behalf. This can save you time and money, one of the many benefits of having an attorney handle your case.

What Should You Do If You Face Reckless Driving Charges and Live Out of State?

Even if you live outside Virginia, you must answer the reckless driving charges like in-state offenders. You must appear in court to represent yourself if you do not have a Virginia attorney. You cannot just mail in the ticket because this is not a traffic citation or a regular speeding ticket, but a misdemeanor offense. If you do not appear on your court date, you will be convicted in your absence and will have a criminal record. You could also face additional penalties for failing to show up in court.

You cannot just mail in the ticket to the Virginia court because the judge can use their discretion to decide your penalties. The judge will consider the facts and circumstances of your case when giving a sentence. Reckless driving is a criminal misdemeanor and carries all the penalties of a class 1 misdemeanor.

Understandably, returning to Virginia from your state can be challenging and require significant time and money. By hiring an experienced attorney, you can petition the court to appear on your behalf. This means that you will not have to be present. Doing this will reduce the cost and the time you spend addressing the case and offer you an opportunity to defend the charges against you. Working with an attorney to handle your reckless driving charges is in your best interest.

Do Similar Penalties Apply to Out-of-State Drivers?

Even if you are an out-of-state driver, you will face the same reckless driving penalties as a Virginia driver. The only exception is that you might not receive points against your license. However, the state will report the offense to your home state, including any imposed suspensions or points to your home state. After receiving the allegations against you, the home state will decide whether to apply the points to your driving record there. Other major penalties for reckless driving, including large fines, increased insurance premiums, jail sentences, and a resulting criminal record, remain the same for local and out-of-state drivers.

An out-of-state driver who faces reckless driving charges in Virginia can also lose the privilege to drive in the Commonwealth of Virginia. If you are suspended from driving in Virginia and you drive anywhere within Virginia, you can face additional charges of driving on a suspended license. Driving on a suspended license is a separate misdemeanor offense, punishable by jail time and fines.

What Strategies Can I Employ When I Face Reckless Driving Charges?

Some of the strategies that you can apply when you face reckless driving charges include the following:

• Follow the instructions given by the directing officers or the traffic enforcement officers
• Point out that the roadway had markings that indicated that it was okay to pass
• State that your vehicle's speedometer was not well-calibrated
• You can also point out that the roadway had the appropriate number of lanes to allow you to pass
• State that you did not pass at a curve or crest
• If you were racing on private property, you could point out that you had the owner's permission

What Mitigating Factors Can Reduce Your Sentence?

Some of the mitigating factors that can lead to a lesser penalty include the following:

• Taking a driver education course
• Good character reference and a clean driving license
• Roadway conditions
• Emergencies
• A school bus was stopped for a reason other than picking up or dropping off students.
• Improperly marked vehicles or roadways

Where Do Police Often Arrest Reckless Drivers?

You can receive reckless driving tickets anywhere, but you are more at risk on major highways because excessive speed is more prevalent. The major highways across Virginia produce a large number of reckless driving tickets for speeding. This is one of the reasons why many out-of-state drivers face charges for driving recklessly across Virginia.

How Can You File An Appeal For A Reckless Driving Conviction?

You can file an appeal after a reckless driving conviction, but you must file the appeal within 10 days of the conviction. A defendant has an automatic right to appeal any finding of the general district court. However, you will waive your right to appeal if you plead guilty to an offense. Even if you later want to appeal and are not happy with the results of your case, you will have waived your right to appeal.

If you are planning to file an appeal, you should hire an experienced attorney to help you file the appeal and represent you throughout the appeal process.

Is Reckless Driving the Same as Aggressive Driving?

Reckless driving is different from aggressive driving. While reckless driving involves driving carelessly without regard for human safety or the safety of property, aggressive driving is any form of driving that causes a hazard to another person or is intended to intimidate, harass, obstruct, or injure another person.

While reckless driving is charged as a class one misdemeanor, aggressive driving is prosecuted as a class two misdemeanor. However, if you engage in aggressive driving with the intent to harm or injure another person, you will face class one misdemeanor charges.

The common forms of aggressive driving can include the following:

• Tailgating
• Driving on the wrong side of the road
• Driving outside the designated lane
• Speeding
• Illegal passing
• Stopping on the highway
• Failing to adhere to traffic instructions

Find An Experienced Criminal Attorney Near

You should not take reckless driving charges lightly, given the adverse consequences following a conviction. If you or a loved one faces reckless driving charges, your first step should be to contact an experienced attorney to help you fight your charges. An attorney can evaluate your case, identify lapses in the prosecution's evidence, and help you file a solid defense. At the Virginia Criminal Attorney, we have committed attorneys who can handle your case and negotiate for the best possible outcome. Contact us today at 703-718-5533 for reliable legal defense and representation in Northern Virginia and Fairfax.