What Is Considered “Reckless Driving” in Virginia?

Experienced Norfolk criminal defense lawyers explain the offense criteria and potential penalties

"Reckless driving" is a term often applied to so-called bad drivers, but under Virginia law, it is a crime with specific criteria. In fact, any kind of reckless driving is a Class 1 misdemeanor in Virginia.

The penalties for a reckless driving conviction can be expensive and harsh – a jail sentence of up to 1 year is possible, and a reckless driving charge in Virginia can stay on your record for up to 11 years. In addition to potential jail time, you can also have your privilege to drive in Virginia suspended for up to 6 months and have a fine imposed of up to $2,500. Don't face a reckless driving charge alone if you have been charged in Norfolk, Chesapeake, Newport News, Virginia Beach, or another Hampton Roads community.

Contact an experienced Norfolk criminal defense lawyer who can answer questions and review your potential legal options. A defense attorney can fight aggressively to help you avoid the fines, license suspension, incarceration, and insurance rate hikes that may come with a reckless driving conviction.

What is reckless driving in Virginia?

Under Virginia law, reckless driving is a type of criminal traffic violation that involves operating a motor vehicle with willful or wanton disregard for the safety of others. Legally, recklessness is a step beyond "carelessness," where the driving behavior of the defendant shows a reckless disregard for the life, limb, or property of another person. However, another person or their property does not necessarily need to be endangered according to the Virginia courts, which have interpreted the statute to also include reckless behavior which endangers the driver themselves. 

To be convicted of a reckless driving offense, usually, Commonwealth must prove beyond a reasonable doubt that:

1. The person charged was actually driving;
2. They were driving at an excessive speed, typically at least 20mph over the speed limit; and/or
3. That they were driving in a manner that endangered the life, limb, or property of any person.

Types of reckless driving charges

Reckless driving is a broad charge that involves more than a dozen driving behaviors, including:

• General reckless driving
• Driving with an obstructed view or impaired control
• Driving two-abreast in a single lane
• Passing two vehicles abreast
• Passing at a crest of a grade or curve, railroad grade crossing
• Driving a vehicle which is not under control; faulty brakes
• Speeding 20 miles per hour over the posted limit or in excess of 85mph
• Failing to give proper signals of intention to turn, stop, or slow down
• Driving too fast for conditions
• Failing to yield when approaching an emergency vehicle
• Passing a stopped school bus
• Failure to yield the right of way
• Reckless driving in a parking lot
• Racing

Can I go to jail for reckless driving?

Many people are surprised they face a possible jail sentence if convicted of reckless driving in Virginia. In general, reckless driving is a Class 1 misdemeanor, punishable by up to 12 months in jail, a $2,500 fine, and a driver's license suspension of up to 6 months. Aggravating factors that can escalate the charge to a higher offense category or increase penalties include:

• Aggressive driving with the intent to injure another person.
  • May require the successful completion of an aggressive driving education program. Aggressive driving is also a different crime that can be charged in addition or independent of any reckless driving citation.
• Racing is an enhanced penalty reckless driving offense with a mandatory minimum sentence.
  • In addition to traditional reckless driving penalties, consequences of a racing conviction may include suspension of driver's license for 6 months to 2 years. 
  • If someone was seriously injured or killed in a racing incident, the charge can even be elevated to a felony and potential penalties include 1-20 years in prison and suspension of driver's license for 1-3 years. 
  • The Commonwealth of Virginia can also seize and force the sale of the vehicle involved in a racing conviction at a forfeiture proceeding.

Reckless driving and car insurance

Another consequence of a reckless driving conviction is the addition of demerit points to an individual's driving record. Many auto insurance providers consider driver's state records when setting premiums. All reckless driving offenses add 6 points to a driver's record, and the convictions will appear on the VA DMV record for 11 years.

Every insurance estimate will depend on the provider's policies and driver's characteristics. Still, even just 1 point added to a driving record can increase insurance surcharges by an average of 45 percent or more.

Legal options and pleading to lesser charges

Depending on the circumstances of their case, individuals charged with reckless driving may have many options for a strong criminal defense. An experienced defense attorney may be able to file pre-trial motions to suppress evidence with the goal of dismissal, negotiate for lesser charges, or litigate the case. Defense options may include:

• Innocence. The alleged reckless driving never happened.
• It was another driver's fault. If reckless driving charges stem from an accident, it may be proven the other driver was reckless while the one being accused is the victim.
• Violation of rights. If police did not have a reasonable suspicion to stop a driver for probable cause, there may be no grounds for the initial arrest.
• Lack of evidence. The burden of proof is on the state. If prosecutors do not have the evidence to substantiate charges, they may be dropped. 
• Lesser charges. In some situations, individuals charged with reckless driving may be eligible to plead to the lesser charge of improper driving, a 3-point traffic infraction. This offense is punishable by a fine of up to $500 and can only be amended by the prosecutor or the judge hearing the case.

Contact an experienced criminal defense lawyer to review your legal options

In Virginia, reckless driving charges are quite common, and the vast majority are written for those drivers who are driving at high speeds. Many people, especially those from out of state, are shocked to hear that at certain speeds a jail sentence is all but a certainty, even if it is their first speed-related traffic offense. 

In Virginia, reckless driving charges are quite common, and the vast majority are written for those drivers who are driving at high speeds. Many people, especially those from out of state, are shocked to hear that at certain speeds a jail sentence is all but a certainty, even if it is their first speed-related traffic offense. 

In Virginia, reckless driving charges are quite common, and the vast majority are written for those drivers who are driving at high speeds. Many people, especially those from out of state, are shocked to hear that at certain speeds a jail sentence is all but a certainty, even if it is their first speed-related traffic offense. 

Drivers facing reckless driving charges in Virginia need to take such charges seriously. Whether it's a misdemeanor or a felony, the consequences of a reckless driving conviction can be serious. Fines, loss of driving privileges, jail time, and insurance hikes can have long-lasting effects that are difficult to overcome.

If you have been charged with reckless driving in Virginia, take control of the situation. Contact a verified criminal defense lawyer in your area today.