Drivers from other states are often shocked to learn that a speeding stop in Virginia can turn into a criminal case. Reckless driving is one of the most commonly charged offenses on I-95, I-64 and I-85, and it deserves to be taken seriously.
Reckless Driving Is a Misdemeanor
In Virginia, reckless driving is generally a Class 1 misdemeanor, the same class of offense as many DUI and assault charges. A conviction creates a criminal record and can carry up to 12 months in jail, a fine of up to $2,500 and a possible license suspension. It also adds demerit points to your Virginia driving record.
When Speed Becomes Reckless
Under Va. Code § 46.2-862, you can be charged with reckless driving by speed if you drive:
- 20 miles per hour or more over the posted speed limit, or
- Faster than 85 miles per hour, regardless of the posted limit
Reckless driving can also be charged without speed, for example for passing a stopped school bus, racing, or driving in a way that endangers others.
Why You Shouldn't Just Prepay
Some reckless driving summonses can be prepaid in certain courts, but prepaying is a guilty plea. That means a criminal conviction on your record, often with long-term consequences for employment, insurance and professional licenses. Talk to a lawyer before you pay anything.
How These Cases Are Defended
Questioning the evidence
Radar and laser devices must be calibrated, and pacing must be done properly. Calibration records, the officer's training and the conditions at the time can all matter.
Presenting mitigation
In many courts, a clean driving record, a speedometer calibration and completion of a driver improvement course can be relevant to how a case is resolved. Results vary, and no lawyer can promise a particular outcome.
If you were charged with reckless driving together with DUI, see our DUI defense page. For general guidance on criminal charges, see criminal defense in Richmond. We represent drivers in Petersburg, Colonial Heights and across the Richmond area.
Facing this situation? Get a free consultation.
Talk with attorney Wendell Allen about your specific facts and options.
This article is general information about Virginia law as of its publication date, not legal advice. Reading it does not create an attorney-client relationship. Talk to a lawyer about your specific situation.
