2121 Eisenhower Avenue, Suite 200; Alexandria, Virginia 22314 * Phone: (703) 518 3168 * Fax: (703) 564 3772 * samson@samsonglaw.com

The Virginia Code has about 13 different ‘Reckless Driving’ Statutes. Reckless driving is a class 1 misdemeanor charge that may carry with it, if convicted:

1. Up to 12 months jail time; and/ or
2. Up to $2500.00 fine; and/or
3. Loss of license for up to 6 months.

If a person convicted of reckless driving was also without a valid operator’s license at the time of commission, due to suspension or revocation of license on account of any moving violation, and as a result of his or her reckless driving also has caused the death of another human being, that person shall be guilty of Class 6 felony. This, unlike a misdemeanor conviction, carries up to 5 years prison time. §§42.2-868 (B); 18.2-10(f). Once a defendant is convicted, regardless of the fine imposed by the judge, he or she will be assessed by the Virginia DMV $350.00, due immediately upon conviction, and an additional $700.00 due over the following two years. In addition, the DMV also assesses 6 demerit points against the defendant which would stay as part of his or her driving record for the next 11 years. The language of the general rule for ‘reckless driving’ under § 46.2-852 is so broad that the statute can be invoked to fit almost any circumstance and hence it is the most common and catch-all offense over-used and charged by Virginia police officers. Besides the catchall provisions of §46.2-852 there are other specific acts that the code deems as acts of ‘reckless driving’.

1. Speeding over 20mph over the speed limit or 80mph regardless of the posted speed limit §46.2-862
2. Passing clearly marked stopped school bus §46.2-859
3. Driving a vehicle which is not under control or with inadequate or faulty breaks §46.2-853
4. Driving overloaded vehicle such as the driver’s view obstructed or control impaired §46.2-855
5. Failure to give proper signals §46.2-860
6. Driving too fast for condition §46.2-861
7. Passing a vehicle on or at a crest or a grade §46.2-854
8. Passing or attempting to pass two vehicles abreast §46.2-856
9. Driving two abreast in a single lane §46.2-857
10. Passing at a railroad grade crossing or intersection of highways §46.2-858
11. Failure to give right-of-way when merging highway §46.2-863
12. Reckless driving on a parking lot §46.2-864
13. Racing §46.2-865.