Is Reckless Driving a Criminal Offense in Virginia?
What Drivers Need to Know

Many Virginia drivers are surprised to learn that a reckless driving charge is much more serious than an ordinary speeding ticket. You may have been pulled over expecting a traffic citation, only to discover that the charge you’re facing is actually a criminal offense.

If you have been charged with reckless driving in Virginia, understanding what the charge means, what penalties you could face, and what happens next can help you make informed decisions about your case.

Is Reckless Driving a Crime in Virginia?

Yes. Reckless driving is a criminal offense in Virginia.

Under Virginia law, a person convicted of reckless driving is generally guilty of a Class 1 misdemeanor. This makes reckless driving fundamentally different from an ordinary traffic infraction. 

Virginia’s general reckless driving statute also goes beyond speeding. Virginia Code § 46.2-852 provides that a person can be guilty of reckless driving when operating a vehicle on a highway recklessly or at a speed or in a manner that endangers the life, limb, or property of another person. 

That distinction is important. A driver does not necessarily have to be involved in an accident to face a reckless driving charge.

How Fast Is Reckless Driving in Virginia?

Speed is one of the most common reasons a Virginia driver may be charged with reckless driving.

Under Virginia Code § 46.2-862, a driver can be guilty of reckless driving by speed when driving:

• 20 mph or more over the applicable maximum speed limit, or
• More than 85 mph, regardless of the applicable maximum speed limit. 

For example, driving 86 mph in a 70 mph zone can meet Virginia’s statutory definition of reckless driving even though the driver is not 20 mph over the posted limit. Likewise, driving 65 mph in a 45 mph zone can qualify because the vehicle is traveling 20 mph over the applicable maximum speed limit.

This is one reason drivers traveling through Virginia should take a reckless driving citation seriously. What may initially seem like “just a speeding ticket” could actually involve a misdemeanor charge.

Reckless Driving Isn’t Limited to Excessive Speed

Virginia law identifies numerous circumstances that may constitute reckless driving.

The state’s general rule covers driving recklessly or driving at a speed or in a manner that endangers a person’s life, limb, or property. Virginia’s reckless-driving statutes also address circumstances involving issues such as an improperly controlled vehicle or faulty brakes, certain dangerous passing maneuvers, obstructed driver visibility, racing, and other specified conduct. 

Therefore, the specific statute shown on your summons matters.

An attorney reviewing a reckless driving case may consider not only the alleged speed but also the circumstances surrounding the traffic stop and the particular Virginia statute under which the driver was charged.

What Are the Penalties for Reckless Driving in Virginia?

Because reckless driving is generally a Class 1 misdemeanor, the potential consequences can be significantly more serious than those associated with a routine traffic ticket. Virginia Code § 18.2-11 authorizes up to 12 months in jail, a fine of up to $2,500, or both for a Class 1 misdemeanor. 

Depending on the particular reckless-driving offense, a court may also have authority to suspend driving privileges. For convictions under Virginia Code §§ 46.2-853 through 46.2-864, for example, Virginia law permits a court to suspend a driver’s license for not less than 60 days and not more than six months. 

The fact that these are authorized penalties does not mean every person convicted of reckless driving will receive the maximum punishment. The outcome of an individual case depends upon its particular facts, the applicable law, and the court.

Still, the potential consequences are an important reason not to treat a reckless driving summons like an ordinary speeding ticket.

What’s the Difference Between Reckless Driving and Speeding?

The most important distinction is that a normal traffic infraction and a reckless driving charge are not legally the same thing.

Virginia law expressly distinguishes traffic infractions from criminal offenses. A traffic infraction is not deemed criminal in nature, while Virginia’s reckless-driving penalty statute classifies a conviction under the reckless-driving article as a Class 1 misdemeanor, subject to certain exceptions and enhanced circumstances. 

In other words:

Ordinary speeding may be a traffic violation. Reckless driving can be a criminal charge.

That difference alone makes it important to understand exactly what appears on your summons before deciding how to respond.

Could My Driver’s License Be Suspended?

Depending on the reckless-driving statute involved, yes, license suspension may be possible.

Virginia Code § 46.2-393 provides that for convictions for certain reckless-driving offenses under §§ 46.2-853 through 46.2-864, a court may suspend driving privileges for a period ranging from 60 days to six months. The statute also provides for restricted driving privileges in certain circumstances. [law.lis.virginia.gov]

Virginia law has also changed regarding some convictions for racing or reckless driving by speed. For certain convictions under §§ 46.2-861 or 46.2-862, the court may have discretion, for good cause, to require enrollment in Virginia’s Intelligent Speed Assistance Program as an alternative to suspension.

Because the potential consequences depend on the specific charge and circumstances, drivers should avoid assuming that one person’s reckless driving case will have the same result as another’s.

Do I Need an Attorney for a Reckless Driving Charge in Virginia?

You are not required in every circumstance to hire an attorney simply because you have received a reckless driving summons. However, because reckless driving can be a criminal misdemeanor rather than an ordinary traffic infraction, speaking with a Virginia attorney before your court date may help you understand the charge, the potential consequences and the options available in your particular situation.

An attorney can review important details surrounding the charge, including the specific statute cited, the alleged speed, the posted speed limit, driving history, circumstances of the traffic stop, and other facts that may be relevant.

Most importantly, an attorney can explain what you are actually facing rather than leaving you to make assumptions based on an ordinary speeding ticket.

What Should I Do After Receiving a Reckless Driving Ticket?

First, do not ignore the charge or assume you can treat it like an ordinary traffic ticket.

Read your summons carefully and note:

• The exact charge listed
• The Virginia Code section cited
• Your alleged speed, if applicable
• The posted speed limit
• The location of the traffic stop
• Your scheduled court date

Keep the summons and any other documents you received.

You should also avoid relying exclusively on stories from friends, online message boards, or someone who received a seemingly similar ticket. Reckless driving cases can differ considerably depending upon the statute involved and the facts surrounding the charge.

Instead, consider discussing the case with an attorney who handles criminal and traffic defense in Virginia.

Charged With Reckless Driving in Central Virginia?

If you have been charged with reckless driving, it is understandable to have questions about what happens next.

Because a Virginia reckless driving charge may be a Class 1 misdemeanor, it deserves more attention than an ordinary traffic citation.

Straw Law Firm helps clients facing criminal and traffic matters in Central Virginia. If you have received a reckless driving summons, contact Straw Law Firm to discuss your situation and learn more about your legal options.

Schedule a consultation with Straw Law Firm today.

This article is provided for general informational purposes and is not intended to constitute legal advice. Laws can change, and the outcome of any legal matter depends upon its particular facts and circumstances.