Everything to Know About Reckless Driving in Virginia

Many people believe speeding tickets and other traffic offenses don’t significantly impact your life, but that’s not true. A ticket for reckless driving in Virginia can have severe consequences, including the loss of your driver’s license, hefty fines, and possibly even jail time.

The Virginia reckless driving defense lawyers at Whitestone Young, PC, treat these cases with the seriousness they deserve and can help protect your rights if the police ticket you for reckless driving. Below you’ll find everything you need to know about reckless driving in Virginia, including its definition under state law, the possible penalties for a conviction, and some possible defense strategies.

How Does Virginia Law Define Reckless Driving?

The Code of Virginia defines reckless driving as operating a vehicle in any way that endangers another person’s life, safety, or property. This broad definition includes acts like speeding, making aggressive lane changes, not following right-of-way laws, etc. However, there are also a handful of specific driving offenses that could lead to a reckless driving charge. These offenses include:

• Driving too fast for the current weather or traffic conditions
• Failing to yield the right-of-way when required (in certain circumstances)
• Racing another driver
• Passing a stopped school bus that is picking up or dropping off students
• Going more than 20 mph over the posted limit or going faster than 85 mph on most highways

Penalties for Reckless Driving in Virginia

Unlike most driving-related offenses in Virginia, reckless driving is a misdemeanor and carries much harsher penalties than something like a speeding ticket. In most circumstances, reckless driving is a Class 1 misdemeanor under Virginia law. A Class 1 misdemeanor is the most severe non-felony charge someone can face in Virginia, and the possible penalties include up to one year in jail, a fine of up to $2,500, and a six-month driver’s license suspension.

In addition to these specific penalties outlined in Virginia law, a reckless driving ticket can also have other consequences. A reckless driving ticket will likely lead to a noticeable increase in your auto insurance premiums, which could prove costly in the long run. Furthermore, a reckless driving conviction will add four to six points to your driver’s license, depending on the specifics of your case, which could impact your driving privileges.

Finally, it’s worth noting that reckless driving is a felony in some cases. A driver might face a felony reckless driving charge if their actions led to another person’s injury or death. A felony reckless driving conviction carries up to five years in prison, in addition to the other penalties previously mentioned.

Defense Strategies for Virginia Reckless Driving Charges

It’s perfectly normal to feel panicked or overwhelmed if the police ticket you for reckless driving. However, an experienced and knowledgeable reckless driving defense lawyer can give you the best possible chance of avoiding jail time and keeping your driving privileges. Here are some common defense strategies in Virginia reckless driving cases:

• Challenge the Radar/Lidar Reading: If the police ticket you for reckless driving because of your alleged speeding, one possible defense is to challenge the accuracy of the radar or lidar device used to measure your speed. This could involve questioning the calibration of the device, whether the officer used it correctly, or if external factors interfered with its reading.
• Lack of Intent: A reckless driving charge typically requires the driver to have acted with a certain level of intent or disregard for safety. If you can demonstrate that your actions were unintentional or that you were not acting recklessly, this could serve as a defense.
• Misidentification: If you can prove that you were not the person driving the vehicle at the time of the alleged reckless driving incident, you could avoid a conviction.
• Insufficient Evidence: If the prosecution cannot prove beyond a reasonable doubt that you committed every element of the reckless driving offense, you should be found not guilty. Your attorney can argue that the prosecution’s evidence is insufficient to support a conviction.

Whitestone Young, PC’s Virginia traffic defense attorneys know all the ins and outs of reckless driving cases, and we can help you through this challenging moment in your life. Call us at (703) 591-0200 or complete our contact form for a free case evaluation.