Virginia Code § 46.2-859 – Reckless Driving for Passing a Stopped School Bus
Virginia Code § 46.2-859 makes it criminal reckless driving to violate Virginia’s requirement to stop for a qualifying school bus loading or unloading passengers. Whether a driver must stop depends on the circumstances, including the bus’s operation, the direction of travel, the roadway configuration, and statutory exceptions. Not every school bus passing violation results in a criminal conviction. Virginia also recognizes non-reckless moving violations and civil school bus camera penalties, which are different from a criminal charge under § 46.2-859.
Virginia School Bus Reckless Driving Law Guide
Virginia Code § 46.2-859: Reckless Driving for Passing a Stopped School Bus
Virginia Code § 46.2-859 establishes a specific reckless driving offense for failing to stop for a qualifying school bus. The offense is based on a statutory stopping requirement rather than a particular speed, an accident, or a general allegation of dangerous driving.
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What Conduct Does § 46.2-859 Prohibit?
Under subsection A, a person driving a motor vehicle must stop when approaching a qualifying school bus that is stopped on a highway, private road, or school driveway for the purpose of taking on or discharging protected passengers.
The statute expressly protects:
- Children
- Elderly individuals
- Individuals with mental disabilities
- Individuals with physical disabilities
The law therefore is not limited to buses transporting schoolchildren.
A driver who violates the statutory stopping requirement is guilty of reckless driving, unless an applicable exception means the stopping duty did not apply.
Is Speeding Required for This Offense?
No. Section 46.2-859 does not require evidence that the defendant was exceeding the speed limit.
A motorist may violate the law at a relatively low speed.
This distinguishes passing a stopped school bus from reckless driving by speed under § 46.2-862.
Does There Have to Be an Accident or Injury?
No. A collision, injury, or near-collision is not a necessary element of the ordinary offense under § 46.2-859.
The statute creates a duty to stop because of the danger associated with passengers entering or leaving school buses.
A criminal charge may therefore arise even when no passenger was struck and no property damage occurred.
Does Every Incident Involving a School Bus Establish Reckless Driving?
No. The Commonwealth must prove the statutory requirements.
The bus must qualify under the statute, the required circumstances must exist, and the defendant must have violated the stopping obligation.
The divided-highway exception and the separate exception involving authorized traffic directions near schools may also affect whether a violation occurred.
The fact that a car passed a school bus is not, by itself, a substitute for establishing those legal requirements.
When Must Drivers Stop for a School Bus in Virginia?
Virginia Code § 46.2-859 generally requires motorists approaching a qualifying stopped school bus to stop, regardless of their direction of travel.
The law also specifies when a driver may begin moving again.
Approaching From Behind
A driver approaching a qualifying school bus from behind must stop when the statutory conditions apply.
The driver cannot proceed merely because an adjacent lane is available or because no passengers are immediately visible.
The relevant questions include whether the bus was stopped for a qualifying purpose and whether a statutory exception applies.
Approaching From the Opposite Direction
The general stopping requirement also applies to motorists approaching from the opposite direction.
For example, on an ordinary two-lane roadway without a qualifying physical or unpaved separation, traffic traveling in both directions generally must stop for a qualifying school bus.
A road with several lanes is not necessarily exempt. The statutory exception depends on the roadway’s actual configuration, not simply the number of travel lanes.
When May a Driver Proceed?
Subsection A requires the motorist to remain stopped until both conditions are satisfied:
- All protected passengers are clear of the highway, private road, or school driveway; and
- The school bus is put in motion.
Those requirements should be read together.
The statute does not say that a motorist may automatically proceed merely because the stop arm retracts, warning lights stop flashing, or no passengers are visible.
An applicable exception may independently permit passage, but otherwise the statutory stopping obligation controls.
What if No Children Are Visible?
The absence of visible passengers does not necessarily establish that the stopping duty was inapplicable.
The Commonwealth may present evidence concerning why the school bus was stopped.
Section 46.2-859(D) makes evidence that at least one prescribed warning device was activated prima facie evidence that the bus was stopped for the purpose of taking on or discharging protected passengers.
That presumption is an evidentiary rule, not an automatic conviction.
What About a School Bus That Is Still Moving?
The particular stopping duty under § 46.2-859 concerns a school bus stopped for the statutory loading or unloading purpose.
A moving school bus presents different circumstances from a bus that has already stopped to receive or discharge passengers.
Nevertheless, motorists should exercise care around buses preparing to stop, particularly when their warning equipment is operating.
Divided Highways, Medians, and Exceptions to the School Bus Stopping Requirement
One of the most important parts of Virginia Code § 46.2-859 is subsection B, which establishes exceptions to the general stopping requirement.
These exceptions can be decisive when a school bus is stopped on the opposite side of a divided highway or when traffic is being directed near school property.
The Divided-Highway Exception
Under § 46.2-859(B)(1), the stopping requirement does not apply when the school bus is stopped on:
- The other roadway of a divided highway;
- An access road; or
- A driveway;
and that roadway, access road, or driveway is separated from the motorist’s roadway by a physical barrier or an unpaved area.
The location of the bus and the nature of the separation are both important.
For instance, opposite-direction traffic on a highway divided by a qualifying grassy median may fall within the exception.
The exception should not be assumed merely because traffic moves in opposite directions in different lanes.
Does a Center Turn Lane Create a Divided Highway?
A paved center turn lane does not automatically establish the physical separation required by subsection B(1).
A five-lane road with two travel lanes in each direction and a shared center turn lane may still require motorists traveling in both directions to stop.
The controlling statutory distinction is whether the roadway is separated by a physical barrier or unpaved area.
A center turn lane separated only by pavement markings does not, by itself, satisfy that requirement.
Are Painted Medians and Double Yellow Lines Enough?
Generally, no.
Painted medians, solid yellow lines, double yellow lines, and similar pavement markings should not be confused with the physical barrier or unpaved separation specified in the statute.
A driver should not assume that an otherwise undivided roadway becomes legally divided for this purpose simply because its lanes are separated by painted markings.
Virginia’s 2026 Amendment: Breaks in Physical Medians
Virginia amended § 46.2-859 in 2026 to clarify that a qualifying physical barrier or unpaved area does not necessarily have to be continuous.
Under the amended subsection B(1), the exception applies regardless of whether the separation is continuous or segmented when necessary to accommodate an intersection or turning vehicles.
This matters on highways where a physical or grassy median includes an opening for turning traffic.
The existence of a break in an otherwise qualifying separation does not automatically eliminate the statutory exception.
The court must still consider whether the roadway arrangement satisfies the actual language of subsection B(1).
This amendment does not mean that a painted center turn lane or painted median automatically qualifies.
Access Roads and Driveways
The same subsection specifically addresses a school bus stopped on an access road or driveway.
When the bus is on a separate access road or driveway, the physical or unpaved separation between that location and the motorist’s roadway may determine whether the driver is required to stop.
The fact that a school bus is on an access road does not, by itself, establish the exception.
Directions From a Police Officer or School Crossing Guard
Section 46.2-859(B)(2) establishes another exception.
It applies when the school bus is loading or discharging passengers from or onto property immediately adjacent to a school and a motorist is directed to pass the bus by:
- A law-enforcement officer; or
- Another duly authorized uniformed school crossing guard.
The exception depends on the circumstances specified in the statute.
It is not a general authorization to pass every school bus stopped near school property.
Why the Roadway Layout Matters
School bus reckless driving allegations can involve rural roads, undivided multilane highways, center turn lanes, physically divided highways, or roadways with unusual median arrangements.
In a contested case, photographs, video recordings, roadway diagrams, and testimony may help establish the configuration at the location of the alleged violation.
The distinction between painted pavement markings and qualifying physical separation can be central to determining whether the stopping obligation applied.
School Bus Warning Lights, Markings, and Required Equipment
Section 46.2-859 contains specific requirements for identifying a vehicle as a school bus.
It also establishes evidentiary rules concerning the bus’s warning equipment and its purpose for stopping.
What Makes a Vehicle a Qualifying School Bus?
Under subsection C, the statute applies to school buses that are:
- Painted yellow;
- Marked with the words “School Bus” in black letters at least eight inches high on the front and rear; and
- Equipped with the warning devices prescribed by Virginia Code § 46.2-1090.
The statutory requirements concern the vehicle’s identification and equipment.
A court may consider whether those requirements have been established when evaluating the charge.
What Role Do Flashing Warning Lights Play?
Under § 46.2-859(D), evidence that the stopped bus had at least one prescribed warning device activated is prima facie evidence that it was stopped for a qualifying loading or unloading purpose.
Prima facie evidence supports a factual conclusion unless adequately rebutted. It does not eliminate the court’s responsibility to evaluate the relevant evidence.
The law distinguishes between a bus’s required equipment and the evidentiary significance of an activated warning device.
The prosecution must establish the applicable statutory requirements, rather than rely solely on a simplified statement that flashing lights always establish every element of the offense.
Can Testimony Establish That the Vehicle Was a School Bus?
Yes.
Subsection C provides that testimony from the school bus driver, school bus supervisor, or law-enforcement officer concerning the required color, markings, and warning equipment constitutes prima facie evidence that the vehicle was a school bus.
That evidence may be considered with photographs, video, or other admissible information.
What if the Bus’s Warning Equipment Was Not Operating?
The statutory analysis requires distinguishing between the requirements that a qualifying school bus be equipped with prescribed warning devices and the evidentiary presumption arising when a prescribed warning device is activated.
The absence of activated warning equipment may be relevant to whether the Commonwealth can establish the bus’s qualifying purpose.
It does not mean that the entire statute can be evaluated by looking only at the status of one light or stop arm.
The complete facts and statutory requirements control.
Where Does Virginia’s School Bus Reckless Driving Law Apply?
Section 46.2-859 expressly addresses qualifying school buses stopped on highways, private roads, and school driveways.
The statute is not limited to public roads immediately surrounding schools.
Public Highways
The law applies to qualifying school bus stops on public highways, including streets in residential areas, rural routes, and multilane roadways.
A motorist does not have to be driving in a posted school zone to encounter the statutory stopping obligation.
Private Roads
The statute expressly includes private roads.
A driver therefore should not assume that school bus stopping requirements disappear because the roadway is privately maintained.
The statutory language is broader than an offense limited to a public highway.
School Driveways
School driveways are also expressly covered.
The stopping obligation may apply when a bus is receiving or discharging protected passengers in a qualifying school driveway.
The exceptions involving separated access roads, driveways, and authorized traffic directions may be relevant depending on the circumstances.
School Entrances and Adjacent Property
Traffic around school entrances may be managed by law-enforcement officers or authorized uniformed school crossing guards.
The exception in subsection B(2) can apply when those authorized individuals direct motorists to pass under the conditions specified by law.
The existence of a school entrance alone does not create an exception.
Criminal Reckless Driving vs. Traffic Infractions and Civil School Bus Penalties
Virginia school bus passing violations are not all handled as criminal reckless driving. The distinction between § 46.2-859, a non-reckless moving violation, and a camera-enforced civil penalty matters because the consequences can be different.
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Criminal Reckless Driving Under § 46.2-859
A conviction under § 46.2-859 is a criminal reckless driving conviction.
The offense is ordinarily a Class 1 misdemeanor and carries potential jail, a substantial fine, six Virginia DMV demerit points, and possible driver’s license suspension.
It should not be confused with a noncriminal school bus violation.
Non-Reckless School Bus Moving Violations
Virginia Code § 46.2-844 establishes a $250 civil penalty for violating the school bus stopping requirement, with proceedings conducted in the same manner as traffic-infraction prosecutions.
Virginia DMV separately lists “Passing stopped school bus (non-reckless)” among its four-demerit-point violations, with a three-year driving-record retention period.
Accordingly, a non-reckless school bus violation handled as a driver-assessed moving violation should not automatically be assumed to have no DMV consequences.
The exact disposition and reporting classification matter.
Civil School Bus Camera Tickets
Section 46.2-844 also authorizes local school bus video-monitoring programs.
A mailed camera-enforcement notice is a civil matter rather than a criminal reckless driving conviction under § 46.2-859. These photo-enforced citations are generally treated as zero-point civil penalties, rather than the four-point non-reckless moving-violation classification.
The statutory civil penalty is $250, although applicable collection-related fees may arise in certain circumstances.
For a fuller explanation of school bus stop-arm cameras, mailed citations, and photo-enforcement procedures, see our Virginia Camera Tickets Guide.
Can the Same Act Be Prosecuted Under Both Statutes?
Section 46.2-844(A) contains an express provision addressing this question.
A prosecution or proceeding under § 46.2-859 bars a proceeding under § 46.2-844 for the same act.
The statute also provides the reverse: a proceeding under § 46.2-844 bars a proceeding under § 46.2-859 for that same act.
The criminal and civil provisions therefore cannot both be pursued for the same act under these statutes.
Why Drivers Should Check the Code Section on Their Summons
A school bus summons citing § 46.2-859 alleges criminal reckless driving.
A citation under § 46.2-844 follows a different statutory penalty and procedural framework.
The distinction affects potential jail exposure, criminal record consequences, and possible DMV treatment.
It is important to identify the exact charge rather than treating every school bus ticket as the same offense.
Criminal Penalties and DMV Points for Passing a Stopped School Bus
A conviction under Virginia Code § 46.2-859 is ordinarily a Class 1 misdemeanor under § 46.2-868. Criminal penalties and driving-record consequences can be substantially more serious than those associated with a non-reckless school bus violation.
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Jail and Fine Penalties
Under Virginia Code § 18.2-11, a Class 1 misdemeanor carries potential punishment of:
- Up to 12 months in jail
- A fine of up to $2,500
- Both jail and a fine
- Applicable court costs
These are the maximum penalties ordinarily authorized for the misdemeanor.
Section 46.2-859 does not itself require an automatic minimum active jail sentence for every conviction.
The actual sentence depends on the circumstances, applicable law, and the court’s determination.
Six Virginia DMV Demerit Points
The Virginia DMV classifies reckless driving for passing a stopped school bus as a six-demerit-point violation.
DMV also lists an 11-year driving-record retention period for this reckless driving conviction.
Demerit points and the period that a conviction remains on a DMV record are separate concepts.
Possible Driver’s License Suspension
Virginia Code § 46.2-393 applies to reckless driving convictions under §§ 46.2-853 through 46.2-864, including § 46.2-859.
For a Virginia-licensed motorist, the court may suspend driving privileges for not less than 60 days and not more than six months.
The statute also addresses nonresidents and individuals without a Virginia license, including restrictions on operating a vehicle in Virginia following a conviction.
A restricted driving permit may be available when authorized by the statute and granted by the court for good cause.
A suspension is not automatically required in every case involving a Virginia-licensed defendant, but it remains a significant potential consequence.
Criminal Record Consequences
Because § 46.2-859 is a criminal misdemeanor, a conviction can appear in criminal court records and background checks.
The availability of records and later relief depends on applicable law.
Certain qualifying misdemeanor convictions may be eligible for sealing under Virginia law, but a conviction is not automatically removed merely because time passes.
Insurance and Employment Considerations
A school bus reckless driving conviction may also have consequences beyond the sentence imposed by the court.
Automobile insurers may consider the conviction when evaluating rates or coverage.
Some employers, particularly those involving professional driving responsibilities, may also consider criminal and driving records.
The particular consequences depend on the motorist’s circumstances and the policies of the relevant insurer or employer.
For additional information about sentencing and collateral consequences, see our Virginia Reckless Driving Penalties Guide.
What Must the Commonwealth Prove Under Virginia Code § 46.2-859?
A criminal summons alleging a violation of § 46.2-859 is not proof that the driver committed the offense. In a contested criminal trial, the Commonwealth must establish the statutory requirements beyond a reasonable doubt.
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Was the Vehicle a Qualifying School Bus?
Section 46.2-859(C) establishes requirements concerning the vehicle’s color, identifying lettering, and prescribed warning equipment.
The Commonwealth may rely on testimony and other admissible evidence to establish those facts.
The statute also provides a prima facie evidentiary rule involving testimony from the bus driver, school bus supervisor, or law-enforcement officer.
Was the Bus Stopped for a Qualifying Purpose?
The statutory duty concerns a school bus stopped to take on or discharge protected passengers.
Evidence may include testimony from the driver, passengers, witnesses, or an investigating officer.
Subsection D gives particular evidentiary significance to proof that at least one prescribed warning device was activated.
The court must consider whether the evidence establishes the statutory purpose.
Did the Motorist Violate the Stopping Requirement?
The timing and sequence of events may matter.
Relevant questions can include:
- Where was the defendant’s vehicle when the bus stopped?
- What was the bus doing at the relevant time?
- Did the motorist stop?
- If the motorist stopped, when did the vehicle begin moving again?
- Were protected passengers clear of the roadway or driveway?
- Had the school bus been put in motion?
These facts may be established through testimony, video, photographs, and other admissible evidence.
Did a Statutory Exception Apply?
The divided-highway exception may be relevant when the bus was stopped on another roadway, access road, or driveway separated by a qualifying physical barrier or unpaved area.
The 2026 amendment concerning segmented barriers and unpaved areas may also be significant.
In the circumstances specified by subsection B(2), direction from an authorized officer or uniformed school crossing guard may establish another applicable exception.
A roadway diagram or photographs may be particularly useful when the central issue is the nature of the median or physical separation.
Can Camera Footage Be Used as Evidence?
Video may be relevant evidence in a criminal school bus case.
However, the existence of a recording does not eliminate the need to prove the criminal charge under the appropriate legal standard.
The evidentiary rules applicable to a criminal prosecution are not identical to every procedure governing a mailed civil camera summons.
Why Statutory Requirements Matter
Section 46.2-859 defines a particular offense.
The Commonwealth must establish conduct that satisfies that statute, including the circumstances creating the stopping obligation.
General allegations that the defendant was careless or that a vehicle moved near a bus do not replace proof of the elements of the charged offense.
What Happens in Court After a § 46.2-859 School Bus Reckless Driving Charge?
A summons under § 46.2-859 charges the driver with a criminal reckless driving offense, not an ordinary prepaid traffic ticket. The case is generally handled in Virginia General District Court, where the alleged violation and available evidence can be evaluated.
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Identify the Exact Charge
A motorist should first identify the Virginia Code section listed on the summons.
Section 46.2-859 is the criminal reckless driving statute.
Section 46.2-844 involves the separate civil-penalty framework discussed above.
The difference should be understood before deciding how to address the citation.
Examine the Location of the Alleged Violation
The location can be particularly important in school bus cases.
The driver may need to establish the direction of travel, the location of the stopped bus, the presence of a median or barrier, and the configuration of nearby intersections.
The 2026 amendment to subsection B(1) makes the distinction between a continuous barrier and a qualifying segmented separation particularly relevant.
Preserve Relevant Evidence
Depending on the circumstances, potentially useful evidence may include:
- Photographs of the roadway and median
- Dashcam or other available video
- The location of intersections and turning lanes
- The school bus’s position and direction of travel
- Information concerning warning equipment
- Witness observations
- Any applicable traffic direction from an authorized officer or crossing guard
The relevance of particular evidence depends on the issues in dispute.
Possible Court Outcomes
A criminal reckless driving charge may result in a conviction, acquittal, dismissal, or other legally authorized disposition depending on the evidence and circumstances.
A reduction to a noncriminal offense may be possible in some cases, but no particular reduction is guaranteed.
The availability of any amended charge or alternative disposition depends on the applicable law and decisions made in the case.
Additional Reckless Driving Resources
For a more detailed discussion of how legal and factual challenges may be evaluated, see our Virginia Reckless Driving Defenses Guide.
For information about summonses, appearances, and the General District Court process, see our Virginia Reckless Driving Ticket and Court Process Guide.
Virginia Passing a Stopped School Bus – Frequently Asked Questions
Is passing a stopped school bus reckless driving in Virginia?
Yes. Virginia Code § 46.2-859 makes violating the statutory stopping requirement for a qualifying school bus criminal reckless driving, ordinarily a Class 1 misdemeanor. However, not every school bus citation is prosecuted under that criminal statute. Virginia also recognizes non-reckless violations and camera-enforced civil penalties.
When must a driver stop for a school bus, and when can the driver proceed?
A driver approaching a qualifying school bus stopped to load or unload protected passengers generally must stop. Under § 46.2-859(A), the motorist must remain stopped until all protected passengers are clear of the highway, private road, or school driveway and the bus is put in motion. A specific statutory exception may permit passage in qualifying circumstances.
Must motorists traveling in the opposite direction stop for a school bus?
Generally, yes. Section 46.2-859 applies to motorists approaching a qualifying stopped school bus from any direction. Opposite-direction traffic must ordinarily stop unless an applicable exception applies, such as the divided-highway exception for certain roadways separated by a physical barrier or unpaved area.
Do drivers have to stop for a school bus on a divided highway?
Not when the exception in § 46.2-859(B)(1) applies. The exception concerns a school bus stopped on another roadway of a divided highway, access road, or driveway separated from the motorist’s roadway by a physical barrier or unpaved area. The actual roadway configuration determines whether the exception applies.
Does a center turn lane, painted median, or break in a physical median affect the stopping requirement?
Yes, but those roadway features are not treated identically. A paved center turn lane or painted median does not, by itself, satisfy the physical barrier or unpaved separation requirement. A 2026 amendment clarifies that a qualifying physical barrier or unpaved area may be continuous or segmented when necessary to accommodate an intersection or turning vehicles.
Can a driver legally pass a stopped school bus when directed by a police officer or school crossing guard?
Yes, when the conditions in § 46.2-859(B)(2) are satisfied. The exception applies when the bus is loading or discharging passengers from or onto property immediately adjacent to a school and the motorist is directed to pass by a law-enforcement officer or another duly authorized uniformed school crossing guard.
Does a school bus have to display warning lights and required markings?
Section 46.2-859(C) requires qualifying buses to be painted yellow, display specified School Bus lettering, and have prescribed warning equipment. Under subsection D, evidence that at least one prescribed warning device was activated is prima facie evidence that the bus was stopped for a qualifying loading or unloading purpose. The equipment requirements and the evidentiary significance of activated warning devices are distinct considerations.
Can a motorist be charged when no children are visible or no accident occurs?
Yes. An accident or injury is not required for an ordinary § 46.2-859 offense. The absence of visible children does not necessarily defeat the charge because the statute also protects other specified passengers and permits the qualifying purpose of the stop to be established through admissible evidence.
What criminal penalties and DMV points apply to a § 46.2-859 conviction?
A conviction is ordinarily a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of up to $2,500, or both. Virginia DMV assigns six demerit points and lists an 11-year driving-record retention period. Under § 46.2-393, the court may also suspend a Virginia-licensed driver’s license for 60 days to six months. Different statutory provisions address driving restrictions for nonresidents.
What must the Commonwealth prove for a school bus reckless driving conviction?
In a contested criminal trial, the Commonwealth must prove the statutory offense beyond a reasonable doubt. Relevant issues include whether the vehicle qualified as a school bus, whether it was stopped for the statutory purpose, whether the defendant violated the stopping requirement, and whether the circumstances bring the incident within a statutory exception. The statute contains specific prima facie evidentiary rules concerning bus identification and activated warning equipment.
What is the difference between criminal reckless driving and a non-reckless school bus moving violation?
A conviction under § 46.2-859 is criminal reckless driving and carries six DMV demerit points. Section 46.2-844 establishes a separate $250 civil penalty with proceedings conducted in the manner of traffic infractions. Virginia DMV lists non-reckless passing of a stopped school bus among its four-point violations. The precise charge and disposition determine the consequences. A proceeding under either statute bars a proceeding under the other for the same act.
Is a school bus camera ticket a criminal offense, and does it carry DMV points?
A school bus camera citation issued under § 46.2-844 is a civil-penalty proceeding, not a criminal reckless driving conviction under § 46.2-859. Camera-enforced school bus citations are generally treated as zero-point civil penalties rather than the four-point non-reckless moving violation. The statutory civil penalty is $250. Drivers should review the exact citation and applicable program rules.
For a broader overview of Virginia reckless driving laws and related topics, see our Virginia Reckless Driving Guide.
Discuss a Virginia School Bus Reckless Driving Charge With an Attorney
A criminal charge for passing a stopped school bus can carry jail exposure, fines, DMV demerit points, and possible license suspension. The statutory stopping requirement, roadway configuration, warning equipment, and applicable exceptions may all affect how the case is evaluated. Our attorneys represent motorists charged with reckless driving throughout Virginia. Our attorneys can review the allegations, statutory requirements, available evidence, and potential consequences associated with a school bus reckless driving charge. If you have received a criminal summons under § 46.2-859, learn more about representation from our Virginia reckless driving lawyers.
2/2/2026 | Updated 11/10/2026