Reckless Driving in Virginia

CategoriesTraffic Law

You are driving down the highway in Virginia enjoying the beautiful pine trees when suddenly you see flashing lights behind you. It is a Virginia State Trooper. Learn more about Article 7.

Unlike most traffic infractions which can be paid ahead of time and have minor impacts on your record, reckless driving is a criminal offense. A conviction can lead to jail time and also impact government security clearances or contract eligibility.

Endangering Life or Property

When a person drives in such a way that they endanger the life or property of another, they may face reckless driving charges. This type of driving is considered a criminal offense in Virginia, not a minor traffic infraction. Examples of reckless driving include racing, attempting to overtake another vehicle on the road when it is unsafe, and horn honking excessively. These actions can lead to road rage incidents and even accidents, making them dangerous to everyone else on the road.

Speeding is often the reason that people receive reckless driving tickets. Going 20 mph over the speed limit or more than 85 mph can be considered a reckless driving offense.

A reckless driving conviction can negatively affect your background checks, employment, and housing. It is important to consult a Virginia reckless driving attorney to see if there are ways your conviction can be lowered or dismissed. The attorneys at SRIS can help you determine the best option for your case.

Speeding

It’s not uncommon for drivers to get pulled over and charged with reckless driving in Virginia if they are caught speeding. It’s a criminal misdemeanor offense with a higher level of consequences than just a simple speeding ticket. If you get convicted of reckless driving, it can have serious long term effects on your life. It is very important that you hire a Virginia reckless driving attorney to fight the “ticket” for you in court and not just pay it before the court date on the summons.

Out of state drivers can have their license suspended if they are convicted in Virginia of reckless driving. They will also be reported to their home state and they would have to look at the laws in their home state to determine what if any impact it may have on their employment or insurance rates. Typically, the judge can require that you attend a driver improvement program as part of your sentence.

Improper Brakes

A person who drives a vehicle that is not under control or that has inadequate or improperly adjusted brakes is considered to have committed reckless driving, according to Code of Virginia Section 46.2-853. This is a criminal offense and, if you are convicted, it could lead to jail time, fines, the suspension of your driver’s license, and a permanent record that will show up in background checks when you apply for jobs or security clearances, rent an apartment, or apply to schools or colleges.

An experienced reckless driving lawyer may be able to help you fight the charge against you, depending on where you were driving when your vehicle’s brakes failed. A conviction for reckless driving of this type will also result in demerit points on your driving record, which can cause your insurance rates to rise. Your attorney can discuss this and other possible defenses with you. In addition, your attorney can try to persuade the judge to reduce or dismiss the charges against you.

Reckless Speed DUI Enhancement in California: 23582 (VC)

Passing Another Vehicle

The vast majority of reckless driving charges in Virginia come from speeding. Whether you were going 20 mph over the limit or 85 mph, driving too fast for conditions is considered reckless driving under state law. These offenses are classified as class 1 misdemeanors, which means they could result in hefty fines and jail time. They also stay on your record for years and could impact employment opportunities and insurance rates.

TS was an out-of-state driver who was charged with reckless driving after getting a ticket for failing to yield right of way. He hired Norfolk criminal defense attorney Calum Welch, who was able to get the charge reduced to a simple traffic infraction. TS fought the case all the way to trial and won a dismissal of the reckless driving charge. A conviction of this offense could have had long-term consequences such as jail time, increased auto insurance premiums, a criminal record and a loss of employment and security clearances.

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