Virginia Reckless Driving Defense

We defend clients against reckless driving tickets throughout Northern Virginia.

Call us at (703) 962-7790 for your free consultation.

Reckless Driving & Traffic Lawyer - Fairfax, Loudoun, Arlington, Alexandria, Stafford and Prince William County

In 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 Fairfax & Loudoun 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 Fairfax 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 traffic attorney 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 attorneys at Ervin Kibria today to thoroughly discuss your case and make a determination on whether an attorney is needed in your particular case.

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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.

Learn More About Our Reckless Driving Defense

Facing a Reckless Driving Charge?  Click here to learn more.

Penalties For Virginia 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.


Most Virginia reckless driving tickets are based on speed alone. If you drive more than 20 miles per hour over the speed limit or over 80 miles per hour, you can be charged with reckless driving by speed.

Virginia Code 46.2-862:

A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.


If all else fails, a police officer could cite you for reckless driving, simply based on the fact that he thinks you are driving in a way that endangers life or property.

Virginia Code 46.2-852:

Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.


There are lots of factors that we can argue to the judge to reduce or even dismiss a reckless driving charge. You’ll want to talk with an attorney about the ones that apply to your unique case, but a few general guidelines are:

  • Good driving record
  • Speedometer reading incorrectly
  • Radar calibration issues
  • Legitimate emergency

There are many other factors that can play into some specific types of reckless driving charges. And your attorney might be able to further lessen your potential punishment. You might need to take several steps in advance to help properly prepare your case for court:

  • Get a copy of your driving record
  • Have your speedometer calibrated
  • Take a driver education class

Should I Get A Lawyer For a Reckless Driving Charge?

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.

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