Standard Penalties For First Reckless Driving Offense:

For a first offense, Virginia reckless driving penalties are still considerably harsh.  A first offense reckless driving conviction can result in the following:

1. Up to 1 year in jail;
2. Up to 6 months suspension of driver’s license;
3. Up to $2,500 fine; and
4. 6 points on driving record

Types of Reckless Driving Offenses in Virginia

In Virginia, there are several variations of the reckless driving charge.  The most common form of reckless driving is “Reckless Driving By Speed,” which is  driving 20 mph over the posted speed limit or 80 mph or more, regardless of the speed limit.

Virginia also has a reckless driving charge of “Reckless Driving Generally,” which applies to situations where the driver of a vehicle is considered to be driving erratically or in an otherwise dangerous manner.

Increasing, Virginia has also started to charge more drivers with “Reckless Driving For Passing a Stopped School Bus.”  Passing a stopped school bus can be charged either as a simple traffic ticket or as reckless driving.  Due to an overall increase in traffic failing to abide by the laws of a stopped school bus, police have increasingly begun charging drivers with reckless driving.

VIRGINIA RECKLESS DRIVING OFFENSES

There a number of ways that reckless driving can be charged and/or prosecuted in Virginia. The following are the reckless driving statutes in Virginia:

46.2-852 Reckless Driving – General rule

46.2-853 Reckless Driving – Failure to maintain control – faulty brakes

46.2-854 Reckless Driving – Passing on or at the crest of a grade or curve

46.2-855 Reckless Driving – Driver’s view obstructed or control impaired

46.2-856 Reckless Driving – Passing two vehicles abreast

46.2-857 Reckless Driving – Driving two abreast in a single lane

46.2-858 Reckless Driving – Passing at a railroad crossing

46.2-859 Reckless Driving – Passing a stopped school bus

46.2-860 Reckless Driving – Failure to give proper signals

46.2-861 Reckless Driving – Driving too fast on highway for conditions

46.2-862 Reckless Driving – Exceeding speed limit by 20 mph or driving in excess of 80 mph

46.2-863 Reckless Driving – Failure to yield right of way upon entering highway

46.2-864 Reckless Driving – Parking lots

46.2-865 Reckless Driving – Racing

46.2-865.1 Reckless Driving – Causing death or injury to another while racing

46.2-866 Reckless Driving – Racing aiders or abettors

46.2-868.1 Reckless Driving – Aggressive Driving

Reckless Driving – General rule – accident

Reckless driving can be charged as the result of an automobile accident. Law enforcement officers sometimes charge the individual that appears to be at fault in a serious traffic accident with reckless driving even though their driving was not truly reckless. With the help of a skillful advocate, this charge can often be reduced to a lesser included offense or dismissed. The offense that this kind of reckless driving is often reduced to is improper driving. Improper driving (VA Code 46.2 – 869) is merely a traffic infraction and it is not a criminal offense. It is a three point traffic violation for Virginia drivers.

Reckless Driving By Speed

Reckless driving can also be charged as a result of excessive speed i.e., 81 m.p.h. or faster in a 65 or 70 m.p.h speed zone or 20 m.p.h faster than the speed limit in all other speed zones. In Virginia, reckless driving is considered a criminal offense. It is a class one misdemeanor which means it the maximum punishment is 12 months incarceration and/or a $2,500 fine and/or 6 months license suspension.

All of these reckless driving tickets are punishes as Class 1 misdemeanor criminal offenses. the penalty is described above.