Alexandria Reckless Driving & Traffic Lawyer

Justin Ervin is an experienced Alexandria reckless driving lawyer.

Call Today: (703) 962-7790

Alexandria Reckless Driving & Traffic Lawyer

It is very important to hire a lawyer to represent you if you have been charged with reckless driving in Alexandria Virginia because reckless driving is a misdemeanor offense. A experienced lawyer can help you avoid the potentially harsh consequences of a reckless driving conviction. A good attorney will know which arguments are effective and which arguments are not. They will also have experience negotiating with the prosecutors in the jurisdiction. Alexandria reckless driving lawyer Justin Ervin has considerable experience and expertise with reckless driving cases.

Reckless Driving is a misdemeanor traffic offense, and is criminalized by VA Code 46.2-862, which states that a person shall be guilty of Reckless Driving if driving a motor vehicle on a Virginia public roadway either:

  • At a speed of 20 mph over the posted speed limit, or
  • At a speed of more than 80 mph (regardless of the posted speed limit).

Experienced Alexandria Traffic Attorney

In Virginia, a reckless driving violation is a six (6) point offense and will be on your driving record for 11 years. The same applies to a DUI/DWI (drunk driving) conviction in Virginia as well as a conviction for driving while suspended. Virginia speeding tickets fall into three categories. A reckless driving by speed ticket is a six point violation and stays on your Virginia driving record for eleven (11) years. A 10-19 mph Virginia speeding ticket is a four point offense and will be on your Virginia driving record for five years. A 1-9 mph Virginia speeding ticket is a three point offense and stays on your Virginia driving record for five years. In Virginia if you accumulate more than 18 points in one year or 24 points in two years the Department of Motor Vehicles will suspend your license. For more information on demerit points contact the VA DMV.

  • The consequences for Reckless Driving: Clients who reach out to us concerning a reckless driving arrest often share common questions. In most cases, our clients want to know whether they will go to jail if they are convicted of reckless driving.  Answering this question depends entirely on your speed and the city or county in which you were driving.  If you are convicted of driving 90 mph, there’s a possibility that you will face jail time.  Anything above 90 mph will almost always result in jail time.  However, speaking to an experienced Alexandria traffic lawyer is the only way to provide appropriate insight into your case and the possibility for jail time.
  • An aggressive defense: The consequences of a reckless driving charge often depend on having an experienced lawyer to represent you. At Ervin Kibria, we have the necessary experience to aggressively investigate, defend and challenge the charges.

If you are facing a reckless driving or other serious traffic offense, contact the Alexandria Reckless Driving Lawyers at Ervin Kibria today to thoroughly discuss your case and make a determination on whether an attorney is needed in your particular case.

Schedule Free Consultation

Justin Ervin, Esq.

Principal Attorney

Lawyer specializing in DUI and criminal defense throughout Northern Virginia.

Arlington & Fairfax counties are cracking down on passing stopped school buses and charging drivers with reckless driving.  Click here to learn more.

Your Alexandria Reckless Driving Lawyers

Located just blocks from Arlington General District Court and Circuit Court, the attorneys at Ervin Kibria PLLC are particularly experienced in defending Alexandria city criminal charges.  We have constant interaction with the prosecutors & judges in the Alexandria area, which is critical because Alexandria has certain procedural policies that are unique to the jurisdiction.


If you are facing an reckless driving or other criminal charge in Alexandria, it is important to consult an Alexandria-based attorney.  Swing by our office anytime and we would be happy to demonstrate our familiarity with our local courts!

Penalties For Alexandria Reckless Driving Conviction

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.

Should I Get A Lawyer For a Reckless Driving Charge?

YES.  Only after a consultation where we can thoroughly discuss your particular case and the facts surrounding your charges can we properly answer this question.  However, due to the serious nature of  a Virginia Reckless Driving charge, it is important for you to at least reach out to an attorney and discuss the options available to you.  If you decide not to challenge the charge in court, you will face the consequences, both criminally and socially, of having a misdemeanor conviction on your record.  The circumstances of your case may make you eligible for certain punishment reductions or diversion programs.  You can only find out by speaking to an experienced traffic attorney.


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.

Call Us Today To Discuss Your Alexandria Reckless Driving Case: (703) 962-7790

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