In Loudoun, Virginia, Reckless Driving is a serious misdemeanor charge that can have significant consequences – both criminally and socially.  Aside from the criminal punishments that can come from a reckless driving conviction, individuals charged with misdemeanor reckless driving must be aware of the serious consequences that the conviction can have on employment, getting into college or other secondary education institutions, obtaining and maintaining security clearances, immigration and naturalization, and other non-civilian employment (law enforcement, military, etc.).

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 Loudoun County Traffic Attorney

While we have experience working with clients on reckless driving cases throughout Northern Virginia, including Arlington, Alexandria, Loudoun, Stafford, and Prince William counties, we specialize in Loudoun reckless driving defense.  If you are facing a reckless driving misdemeanor charge or any motor vehicle traffic offense, you need fast, accurate answers about your situation and the best way to proceed. The defense attorneys at Ervin Kibria understand your concerns and your sense of urgency in dealing with a difficult situation.

• 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 Loudoun 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.

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

1) The most common charge is for “Reckless Driving by Speed.” This charge applies to speeding 20 miles over the speed limit and/or driving above 80 miles per hour in Virginia. This is charged under Virginia VA Code Section 46.2-862 and is explained above.

2) The second most common charge in Virginia is for “Reckless Driving Generally.” This charge applies to the manner of your driving and is evaluated by whether your driving manner endangered either a person or property. This is charged under Virginia VA Code Section 46.2-852.

3) “Reckless Driving – Driving vehicle which is not under control” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes. This is charged under Virginia VA Code Section 46.2-853.

4) “Reckless Driving – Passing on or at the crest of a grade or on a curve” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver’s view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway. This is charged under Virginia VA Code Section 46.2-854.

5) “Reckless Driving – Driving with driver’s view obstructed or control impaired” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle. This is charged under Virginia VA Code Section 46.2-855.

6) “Reckless Driving – Passing two vehicles abreast” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This is charged under Virginia VA Code Section 46.2-856.

7) “Reckless Driving – Driving two abreast in a single lane” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. This is charged under Virginia VA Code Section 46.2-857.

8 ) “Reckless Driving – Passing at a railroad grade crossing” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer. This is charged under Virginia VA Code Section 46.2-858.

9) “Reckless Driving – Passing a stopped school bus” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. This is charged under Virginia VA Code Section 46.2-859.

10) “Reckless Driving – Failing to give proper signals” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop. This is charged under Virginia VA Code Section 46.2-860.

11) “Reckless Driving – Driving too fast for highway and traffic conditions” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit. This is charged under Virginia VA Code Section 46.2-861.

12) “Reckless Driving – Failure to yield right-of-way” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction. This is charged under Virginia VA Code Section 46.2-863.

13) “Reckless Driving – Reckless driving on parking lots” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person: (1) On any driveway or premises of a church, school, recreational facility, or business property open to the public; or (2) On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or (3) On any highway under construction or not yet open to the public. This is charged under Virginia VA Code Section 46.2-864.

14) “Reckless Driving – Racing” is another Reckless Driving charge. This charge applies to anyone driving in Virginia who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. This is charged under Virginia VA Code Section 46.2-865. It is important to note the VA definition of racing, as police officers and lawyers alike tend to mistake speeding contests for actual racing as is defined by Virginia law. racing requires a pre-defined start point and pre-defined end point. Just because two cars are going very fast next to each other and trying to beat the other’s speed does not mean that in fact they are racing under this reckless driving code section.

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