Best Virginia Reckless Driving Lawyer VA Attorney • 1500+ Reviews
Reckless Driving in Virginia is a criminal offense. The Code of Virginia includes various sections of the law on what driving behaviors are considered reckless driving. Reckless driving can even be a felony if racing with injuries is involved. The penalties for a reckless driving conviction can be harsh and long lasting. In Virginia, convictions are permanent, cannot be expunged, and stay in the Virginia DMV files for 11 years. Do not miss an opportunity to defend yourself. CAUTION: A reckless driving conviction will on average increase the automobile insurance premium by 73% or $1,046 EACH YEAR, according to a study conducted by Insurance.com. We can help even if you think you are guilty.
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Virginia Reckless Driving Defense Lawyers • For Your Best Defense
Riley & Wells Attorneys-At-Law is an established Virginia law firm that specializes in defending reckless driving cases. Our firm is a recognized “Best Law Firm” by U.S. News & World Report. We also maintain an “AV Preeminent” rating from Martindale-Hubbell for the highest recognition in legal excellence and ethical standards. Our lawyers possess over 60 years of collective experience successfully representing clients charged with reckless driving. Our VA reckless driving attorneys represent clients who have been charged with various types of reckless driving violations in the Virginia Courts every week. We have been favorably reviewed more than any other law firm in Virginia that defends reckless driving cases. Our clients benefit from this experience and track record of success.
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VA Reckless Driving Penalties
- Maximum 12 months in jail
- Maximum $2,500 fine
- Loss of driving privileges
- Increased automobile insurance rates
- Moving violation demerit points
- Community Service
- Driver improvement programs
- Potential employment problems
Virginia Reckless Driving Speeding Law
The most enforced Virginia Reckless Driving law criminalizes excessive speed. State Troopers, police officers, and deputy sheriffs across Virginia aggressively enforce the reckless driving excessive speed law [Va. Code 46.2-862]. Virginia law states that one is guilty of reckless driving for either driving at a speed of 20 mph or more over the limit OR driving at any speed over 85 miles per hour. This law that criminalizes speeding is particularly surprising to out-of-state drivers. In other states, speed alone does not trigger a reckless driving violation. NOTE: The issuance of a summons or ticket for reckless driving is not a conviction. In many instances, we can protect our clients even in cases where the evidence may prove a violation.
Virginia Uniform Summons Reckless Driving Ticket Issued by Police
A Virginia Uniform Summons is the legal document issued by Virginia law enforcement officers for reckless driving during a traffic stop. Most people refer to this document as either a ticket or citation. The summons serves as legal notice for the alleged reckless driving violation. Signing the summons is not an admission of guilt. The summons advises you of the date and time and location of your hearing in the General District Court. A Virginia police officer can also issue a summons for other criminal misdemeanor offenses as well as traffic infractions. Allow our VA reckless driving lawyers to review your summons. We can develop a successful defense strategy.
Reckless Driving Speeding on Virginia Interstates
The Virginia Department of Transportation (VDOT) maintains over 57,867 miles of Virginia highways. Local governments maintain over 10,000 miles of their own streets and roads. Over 1,100 of those miles are Virginia interstate miles. This is a lot of road for driving mishaps. There are many places on Virginia interstates where the speed limit is 70 mph. If the speed evidence is 86 mph in a 70 mph zone, then the reckless driving law for excessive speed would be violated. Thus, a motorist can be convicted of a criminal offense for speeding 16 mph over the limit. Put our experience to work for you. Let us review your case. We know how to best defend these types of cases.
Out-of-State Drivers Accused of Reckless Driving in VA
Many of our clients are licensed drivers from other states who are simply driving through Virginia when they are stopped by law enforcement. It is important to defend a Virginia reckless driving case because a conviction is permanent and will be reported back to the home state. A conviction can also have a drastic affect on those who must pass employment background checks or drive an employer’s vehicle. Some states suspend driving privileges if convicted even if the Virginia Court did not suspend driving privileges. Typically, we can successfully represent our out-of-state client without them being present in Court. We can make a motion to have our client’s appearance waived. Consult us before you take any action.
Virginia Reckless Driving Accident Defense Attorneys
Reckless driving general (46.2-852) and driving a vehicle not under proper control or faulty brakes (46.2-853) are the two most common reckless driving laws that involve accident cases. Any person who drives recklessly or that is not under proper control, or that endangers life, limb or property violates the reckless driving law. There are various different sections of the Virginia law that apply to reckless driving accident cases. NOTE: The mere happening of an accident does not mean you are guilty of reckless driving. Sometimes the prosecution cannot prove how the accident happened. The issuance of a summons also does not mean you are automatically guilty of reckless driving. Our lawyers know how to best defend these types of cases.
Riley & Wells Attorneys-At-Law Defend Virginia Reckless Driving Cases
§ 46.2-852. Reckless driving; general rule.
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.
§ 46.2-853. Driving vehicle which is not under control; faulty brakes.
A person shall be guilty of reckless driving who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.
§ 46.2-854. Passing on or at the crest of a grade or on a curve.
A person shall be guilty of reckless driving 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.
§ 46.2-855. Driving with driver’s view obstructed or control impaired.
A person shall be guilty of reckless driving 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.
§ 46.2-856. Passing two vehicles abreast.
A person shall be guilty of reckless driving 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 section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.
§ 46.2-857. Driving two abreast in a single lane.
A person shall be guilty of reckless driving who drives any motor vehicle so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. Nothing in this section shall be construed to prohibit two two-wheeled motorcycles from traveling abreast while traveling in a lane designated for one vehicle. In addition, this section shall not apply to (i) any validly authorized parade, motorcade, or motorcycle escort; (ii) a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall it apply to (iii) any vehicle when lawfully overtaking and passing one or more vehicles traveling in the same direction in a separate lane.
§ 46.2-858. Passing at a railroad grade crossing.
A person shall be guilty of reckless driving 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.
§ 46.2-859. Passing a stopped school bus; prima facie evidence.
A person driving a motor vehicle shall stop such vehicle 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, elderly individuals, or individuals with mental or physical disabilities, and shall remain stopped until all the individuals are clear of the highway, private road or school driveway and the bus is put in motion; any individual violating the foregoing is guilty of reckless driving. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2-1090 and are painted yellow with the words “School Bus” in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.
The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.
Evidence that the bus was stopped with at least one warning device prescribed in § 46.2-1090 activated shall be considered prima facie evidence that the bus was stopped for the purpose of taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities.
§ 46.2-860. Failing to give proper signals.
A person shall be guilty of reckless driving who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.
§ 46.2-861. Driving too fast for highway and traffic conditions.
A person shall be guilty of reckless driving who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.
§ 46.2-861.1. Drivers to yield right-of-way or reduce speed when approaching stationary vehicles displaying certain warning lights on highways; penalties.
A. The driver of any motor vehicle, upon approaching a stationary vehicle that is displaying a flashing, blinking, or alternating blue, red, or amber light or lights as provided in § 46.2-1022, 46.2-1023, or 46.2-1024 or subsection B of § 46.2-1026 shall (i) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (ii) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection is reckless driving.
B. The driver of any motor vehicle, upon approaching a stationary vehicle that (i) is displaying a flashing, blinking, or alternating amber light or lights as provided in subdivision A 1 or 2 of § 46.2-1025, (ii) has activated the vehicular hazard warning signal flashers, (iii) is displaying caution signs, or (iv) is marked with properly lit flares or torches shall (a) on a highway having at least four lanes, at least two of which are intended for traffic proceeding as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change into a lane not adjacent to the stationary vehicle or (b) if changing lanes would be unreasonable or unsafe, proceed with due caution and maintain a safe speed for highway conditions. A violation of any provision of this subsection shall be punishable as a traffic infraction.
C. If the violation resulted in damage to property of another person, the court may, in addition, order the suspension of the driver’s privilege to operate a motor vehicle for not more than one year. If the violation resulted in injury or death to another person, the court may, in addition to any other penalty imposed, order the suspension of the driver’s privilege to operate a motor vehicle for not more than two years.
D. The provisions of this section shall not apply in highway work zones as defined in § 46.2-878.1.
§ 46.2-862. Exceeding speed limit.
A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.
§ 46.2-863. Failure to yield right-of-way.
A person shall be guilty of reckless driving 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.
§ 46.2-864. Reckless driving on parking lots, etc.
A person is guilty of reckless driving 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 or governmental 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.
§ 46.2-865. Racing; penalty.
Any person 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. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.
§ 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.
A. Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life:
1. Causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony; or
2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
B. Upon conviction, the court shall suspend the driver’s license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2-398.
§ 46.2-866. Racing; aiders or abettors.
Any person, although not engaged in a race as defined in § 46.2-865, who aids or abets any such race, shall be guilty of a Class 1 misdemeanor.
§ 46.2-867. Racing; seizure of motor vehicle.
If the owner of a motor vehicle (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of § 46.2-865, (ii) is present in the vehicle which is being operated by another in violation of § 46.2-865, and knowingly consents to the racing, or (iii) is convicted of a violation of § 46.2-865.1, the vehicle shall be seized and shall be forfeited to the Commonwealth, and upon being condemned as forfeited in proceedings under Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, the proceeds of sale shall be disposed of according to law. Such sections shall apply mutatis mutandis.
The penalties imposed by these sections are in addition to any other penalty imposed by law.
§ 46.2-868. Reckless driving; penalties.
A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.
B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator’s license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.
C. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-818.2 shall include a mandatory minimum fine of $250.
§ 46.2-868.1. Aggressive driving; penalties.
A. A person is guilty of aggressive driving if (i) the person violates one or more of the following: § 46.2-802 (Drive on right side of highways), § 46.2-804 (Failure to observe lanes marked for traffic), § 46.2-816 (Following too closely), § 46.2-821 (Vehicles before entering certain highways shall stop or yield right-of-way), § 46.2-833.1 (Evasion of traffic control devices), § 46.2-838 (Passing when overtaking a vehicle), § 46.2-841 (When overtaking vehicle may pass on right), § 46.2-842 (Driver to give way to overtaking vehicle), § 46.2-842.1 (Driver to give way to certain overtaking vehicles on divided highway), § 46.2-843 (Limitations on overtaking and passing), any provision of Article 8 (§ 46.2-870 et seq.) of Chapter 8 of Title 46.2 (Speed), or § 46.2-888 (Stopping on highways); and (ii) that person is a hazard to another person or commits an offense in clause (i) with the intent to harass, intimidate, injure or obstruct another person.
B. Aggressive driving shall be punished as a Class 2 misdemeanor. However, aggressive driving with the intent to injure another person shall be punished as a Class 1 misdemeanor. In addition to the penalties described in this subsection, the court may require successful completion of an aggressive driving program.
§ 46.2-869. Improper driving; penalty.
Notwithstanding the foregoing provisions of this article, upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court’s decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500.
VA Reckless Driving Attorneys Recognized by Virginia Super Lawyers
Super Lawyers is a legal rating service of outstanding lawyers from over seventy practice areas who have attained the highest degree of peer recognition and professional achievement. This organization recognizes the top attorneys nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our VA reckless driving lawyers have been recognized by this publication since 2009. No more than five percent of the Virginia lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain a Virginia reckless driving attorney who has been recognized with this elite award.
Reckless Driving Fail To Move Over For Stationary Emergency Vehicle
Code of VA 46.2-861.1 requires the driver of any motor vehicle to “move over” to an adjacent lane when passing a stationary vehicle stopped on the shoulder of the highway under certain traffic conditions. A violation of this law can be considered reckless driving if an emergency vehicle is in involved, which is a criminal misdemeanor in some cases. If you have been accused of violating this law then it would be in your best interests to consult an accomplished Virginia reckless driving attorney before appearing in the General District Court. You may have a valid defense and not realize it.
RACING in VA is the Most Serious Type of Reckless Driving Offense
The racing law is the most serious type of Virginia reckless driving law. Any person who engages in a race between two or more vehicles on a highway is guilty of reckless driving. Racing can even be a felony if it causes serious bodily injury to another person who is not involved. Driving privileges can be suspended for as many as three years if convicted. In fact, you do not even have to be engaged in a race to violate this law. Any person who aids or abets a race can also be convicted of criminal misdemeanor reckless driving racing.
Passing a Stopped School Bus is a Reckless Driving Violation
A driver is guilty of reckless driving if they fail to stop for a school bus with its warning device activated. The school bus must be taking on or discharging children, elderly individuals, or individuals with mental or physical disabilities. Drivers shall remain stopped until all such individuals are clear of the highway, private road, or school driveway and the bus is put in motion. In some instances, there may be defenses that only a skilled Virginia reckless driving attorney will know how to best present at trial. Allow us to review your case. NOTE: There is a civil penalty version of this violation that is less serious.
Legal Elite Recognizes Top VA Reckless Driving Lawyer by Virginia Business
Virginia Business is dedicated to covering the legal community in every region of the Commonwealth. In cooperation with the Virginia Bar Association, they have been recognizing Top Virginia Lawyers with its Legal Elite Award since 2000. There are over 23,000 legal practitioners in the Commonwealth. Legal Elite recognitions are awarded to approximately 1400 attorneys each year. This is an exclusive list of top rated individuals who have been recognized for excellence. Only outstanding and experienced professionals are recognized for being Legal Elite. A lawyer cannot purchase his or her way in to being recognized as a member of the Virginia Business Legal Elite community. Allow a Virginia Legal Elite reckless driving lawyer to review your case.
Reckless Driving Accident Interstate I95 Shutdown DISMISSED
Case Result
In this case, our attorneys represented a client who was involved in an accident. The accident involved a work zone on I95 in Caroline County VA. Our client was a commercial driver who was driving a commercial vehicle. The accident involved a construction project that shut down part of the interstate for hours.
News 12 Coverage
Our client was on site to help repave the Interstate, but our client’s truck lift gate made contact with overhead power lines. A State Trooper investigated the incident and charged our client with reckless driving. We believed the accident was due to improper placement of the traffic cones in the work zone. A not guilty plea was entered and the Court heard the evidence. We convinced the Judge to dismiss the case.
Virginia Reckless Driving Trials Are Adversarial By Design
If you have been accused of driving recklessly in Virginia, then your case will eventually be set for trial before a Virginia General District Court. Reckless driving is a motor vehicle code violation and a criminal offense. Trials are adversarial in nature. This involves a structured and formalized dispute between the Commonwealth Attorney’s Office and the defense. The adversarial system is designed to ensure a fair trial according to the rules of law and evidence by allowing each party to present their case and to be able to challenge the other’s evidence and arguments. The judge evaluates the evidence and arguments, and reaches a verdict. This system ensures that the prosecution meets its high standard of proof.
Driver Improvement Program For Reckless Driving Cases
A Driver Improvement Program or Traffic School is an educational course designed to improve the knowledge and driving skills of participants. One of the primary purposes of a Driver Improvement Program is to provide a pathway for reckless driving defendants to mitigate the consequences of their case. Completing the program may assist the attorney in convincing the court to dismiss or reduce the case. The duration of a Driver Improvement Program can either be a 12 hour course or an 8 hour course. The program has in person and online formats. Consult a top rated VA reckless driving lawyer to understand your options before you pursue a driver improvement program for your reckless driving case.
Virginia Small Cities and Towns Aggressively Target Speeders
Governing Magazine investigated hundreds of small cities and towns throughout the country that operate speed traps. Speed traps are an area of the road that police officers heavily monitor to catch people speeding. Technically defined as an area of road where police officers hide in order to detect vehicles exceeding a speed limit. The investigation was particularly critical of Eight VA: Brunswick, Greensville, Gordonsville, Eastville, Emporia, LaCrosse, Sussex, & Waverly. Northampton County‘s Town of Eastville relies on bad drivers’ traffic fines more than any other locality. 72% of Eastville’s 200-person town budget comes from traffic fines and court costs according to the study.
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11/10/2015 | Updated 3/24/2024