Reckless Driving

In Virginia, there are many ways to be charged with reckless driving, and each charge is considered a criminal traffic offense. They include:

• General Reckless Driving: Operating a vehicle in a manner that endangers the life, limb, or property of any person.
• Speeding: Driving 20 mph or more over the speed limit or over 85 mph regardless of the speed limit.
• Racing: Engaging in a race on public roads.
• Passing a Stopped School Bus: Passing a school bus that is stopped for the purpose of loading or unloading children.
• Failure to Yield: Failing to yield the right of way in a manner that endangers others.
• Driving Too Fast for Conditions: Driving at a speed that is excessive given the road and weather conditions.
• Faulty Brakes: Operating a vehicle with inadequate or improperly adjusted brakes.
• Passing on a Curve or Hill: Passing another vehicle at a curve or crest of a hill where visibility is obstructed.
• Passing at a Railroad Crossing: Passing another vehicle at a railroad crossing.
• Driving with an Obstructed View: Operating a vehicle in a manner that obstructs the driver’s view or interferes with the control of the vehicle.
• Failure to Signal: Failing to give adequate and timely signals when required by law.
• Reckless Driving in Parking Lots: Driving recklessly in parking lots or other similar areas open to the public.

The two most commonly charged Virginia reckless driving charges are General reckless and Reckless by speed.

General reckless driving in Virginia is defined as operating a vehicle in a manner that endangers the life, limb, or property of any person. It is a broad category under which various unsafe driving behaviors can be classified if they are deemed to be reckless by law enforcement.

Key aspects of General Reckless driving include:

• Endangerment: The primary criterion is that the driver’s actions must create a risk of harm to others. This can include excessive speeding, aggressive driving, tailgating, weaving in and out of traffic, or any other behavior that significantly increases the risk of an accident.
• Subjectivity: What constitutes general reckless driving can be somewhat subjective, as it depends on the interpretation of the law by the police officer and the courts. It generally involves a higher degree of risk than mere negligence or ordinary traffic violations.

Reckless driving by speed in Virginia is a specific form of reckless driving that involves driving at a speed well in excess of the speed limit. This type of reckless driving is considered a serious offense and can result in significant penalties.

A person can be charged with reckless driving by speed if they:

1. Drive twenty miles per hour or more over the posted speed limit.
2. Drive at a speed of eighty-five miles per hour or more, regardless of the posted speed limit.

Virginia courts take reckless driving by speed very seriously in Virginia, and jail time is often imposed for those convicted. Generally, a defendant should be concerned about receiving jail time if they are driving more than ninety miles per hour, or more than thirty miles over the speed limit.

In Virginia, a reckless driving conviction carries severe consequences, and is considered a Class 1 misdemeanor. If convicted, possible penalties are as follows:

• Fines: Up to $2,500. The specific amount can vary depending on the circumstances and the judge’s discretion.
• Jail Time: Up to 12 months in jail. The likelihood of jail time increases with the severity of the offense or if the driver has prior convictions.
• License Suspension: Suspension of driving privileges for up to six months. The exact duration can depend on the specifics of the offense and the judge’s decision.
• Demerit Points: Six demerit points on the driver’s Virginia DMV record. These points remain on the driving record for 11 years and can lead to increased insurance premiums.
• Criminal Record: A reckless driving conviction results in a permanent criminal record. This can affect future employment opportunities, security clearances, and more.
• Increased Insurance Rates: Insurance premiums can increase significantly due to a reckless driving conviction. Some insurance companies might even cancel coverage.
• Civil Liability: If the reckless driving incident results in an accident-causing injury or property damage, the driver could face civil lawsuits for damages.
• Employment Consequences: Certain professions that require a clean driving record or security clearance might be affected. This includes jobs in transportation, law enforcement, and government positions.
• Mandatory Driver Improvement Course: The court might require attendance at a driver improvement clinic or defensive driving course.
• Felony Charges: In cases where reckless driving results in the death or serious injury of another person, the charges can be elevated to a felony, which carries much harsher penalties, including longer jail sentences and larger fines.

Each reckless driving case is unique, and the specific defense strategies can vary based on factors such as the driver’s prior record, the specific nature of the reckless driving incident, and the specific judge handling the case.

There are several strategies that a skilled attorney might use to help reduce the severity of the charge or get it dismissed altogether. Some common defense strategies used to fight the charge include:

Challenge the Speed Measurement

• Radar and Lidar Accuracy: Question the calibration and maintenance records of the speed measuring devices.
• Pacing: Argue that the officer’s method of pacing was inaccurate or flawed.
• Speedometer Calibration: Present evidence that your vehicle’s speedometer was inaccurate or faulty.

Question the Officer’s Observations

• Vagueness of Endangerment: Argue that your driving did not endanger life, limb, or property, as required by the statute.
• Witness Testimony: Use eyewitnesses to challenge the officer’s version of events or to support your driving behavior.
• Medical Emergency: Show that you were speeding due to a genuine emergency, such as rushing someone to the hospital.
• Vehicle Malfunction: Argue that a mechanical issue caused you to drive in a manner that appeared reckless.

Not all Virginia reckless driving charges have an available defense, which means your lawyer will need to do their best to mitigate the possible penalties. Some mitigation factors include:

• Clean Driving Record: Present evidence of a previously clean driving record to argue for a reduced sentence or dismissal.
• Driver Improvement Course: Voluntarily complete a driver improvement course before your court date to show proactive steps towards safer driving.
• Community Service: Perform community service and present proof to the court as a demonstration of remorse and good character.
• Character References: Provide letters of recommendation from employers, community leaders, or others who can vouch for your character.
• Specific Circumstances: Present any mitigating circumstances that contributed to the offense, such as an unfamiliar area, poor weather conditions, or a momentary lapse in judgment.