STUDENT LEGAL SERVICES INFORMATION

So You’ve Been Charged With Reckless Driving

What is Reckless Driving?

There are many different ways in which you can be charged with reckless driving in Virginia. The general rule is that it is reckless driving to drive at any speed that poses a danger to life, limb, or property regardless of speed limits (Va. Code § 46.2-852). You can also be found guilty of reckless driving for driving more than 20 miles per hour over a posted speed limit OR faster than 80 miles per hour regardless of the speed limit (so the fact that you would only be driving 16 miles per hour over the limit on I-64 is irrelevant) (Va. Code 46.2-862). Other reckless driving offenses include: driving a vehicle that is not under control or that has faulty brakes, passing at the crest of a grade or on a curve, driving with your view obstructed or control impaired, passing two vehicles abreast, driving two abreast in a single lane, passing at a railroad grade crossing, passing a stopped school bus, failing to give proper signals, driving too fast for existing highway or traffic conditions, failing to yield right-of-way, and racing (Va. Code 46.2-853 to -863, -865).

What are the consequences if I am found guilty of Reckless Driving?

Reckless Driving is a class 1 misdemeanor (this means it is a criminal charge, not a traffic violation). The maximum penalty is one year in jail and a fine of $2,500 (Va. Code 18.2-11).

Can I lose my license?

If you are a Virginia resident and are found guilty of reckless driving, then the court may suspend your license for a period between ten days and six months (Va. Code 46.2-392). If you are found guilty of reckless driving for racing, the court may suspend your license for between 60 days and six months (Va. Code 46.2-865). However, at its discretion, the court may allow you to drive for work or school, or any other similar requirements. If you are an out-of-state resident, the court may suspend your driving privileges and not allow you to drive on any road in Virginia for the same period of time (Va. Code 46.2-392). If the state that issued your driver’s license is a signatory of the Driver License Compact (most states are) then the offense will be reported to your state’s DMV.

When would any suspension of privileges take effect?

A Virginia resident would have to surrender their driver’s license before leaving the courthouse. (Va. Code 46.2-398). If you go to court for Reckless Driving, bring someone with you to drive you home just in case.

Am I going to get points on my Virginia driver’s license?

When you are convicted of a traffic violation, the court notifies the DMV which then assigns points based on the severity of the offense. Most reckless driving offenses are assigned six points. Demerit points can be reduced by safe driving points. You can check out the DMV’s explanation of the points system at http://www.dmv.state.va.us/webdoc/citizen/drivers/points_you.asp.

Can I get the charge reduced?

It is within the discretion of both the prosecuting attorney and the judge to reduce a charge of reckless driving to a charge of improper driving. Improper driving is a traffic infraction, not a criminal charge, and is punishable by a fine of up to $500 (Va. Code 46.2-869).

This document was produced by Student Legal Services at the College of William & Mary. It was prepared by law students, and nothing in this document should be considered legal advice. Student Legal Services is located in room 166 of the Campus Center and provides legal information to the William & Mary community upon request. For more information call (757) 221-3304 or email legalservices@wm.edu.

Last updated September 2011