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Reckless Driving

What Is Reckless Driving?

The Virginia Code mentions 13 specific acts which constitute reckless driving:

  • 46.2-853 – Driving a motor vehicle with faulty brakes
  • 46.2-854 – Passing at the crest of a hill or on a curve unless a second lane of same direction travel is available
  • 46.2-855 – Driving with obstructed view or impaired control
  • 46.2-856 – Passing two vehicles that are traveling side-by-side unless a third lane of same direction travel is available
  • 46.2-857 – Driving side-by-side with another vehicle in the same lane (motorcycles exception)
  • 46.2-858 – Passing at a railroad crossing unless a second lane of same direction travel is available
  • 46.2-859 – Passing a school bus stopped to pick up or drop off student
  • 46.2-860 – Failing to give proper signals
  • 46.2-861 – Driving too fast for weather or road conditions
  • 46.2-861.1 – Failure to slow when passing a stopped emergency vehicle when lights or sirens are operating
  • 46.2-862 – Driving over 20 miles per hour over the maximum speed limit; or driving over 80 miles per hour regardless of the maximum speed limit
  • 46.2-863 – Failure to come to a complete stop and yield right of way when entering a highway
  • 46.2-865 – Racing

In addition to those listed, Virginia law also has a “general reckless driving” section which allows someone to be charged with reckless driving when the operation of the vehicle “endangers the life, limb, or property of any person”, regardless of the maximum speed limit.

Reckless Driving Is NOT Just a Traffic Ticket

Reckless Driving is a Class 1 misdemeanor in Virginia. If you are convicted of reckless driving, you will have a permanent criminal record. Currently, there is no provision in Virginia to have a reckless driving charge expunged from your criminal record. If convicted, you will carry this record for the rest of your life. Criminal convictions can have adverse effects on many aspects of your life, such as employment opportunities, employment advancement, credit ratings, state licensing for employment, college admissions, immigration, and military security clearances, just to name a few.

Do you still think a reckless driving charge is no big deal?

What Are The Immediate Punishments For Reckless Driving?

All Class 1 misdemeanor offenses in Virginia have the same range of punishments, a fine of up to $2500 and/or up to 12 months in jail. Yes, someone charged with reckless driving, even a first offense, may receive a jail sentence. In addition to the standard range of punishments mentioned, a judge may also order your driver’s license to be suspended for up to 6 months.

How Garrett Law Group, PLC Can Help You

Attorney James Garrett has been practicing in front of the Norfolk judges for over 15 years. He knows what they like to see and what they want to hear. His experience and expert legal counsel will put you in the best position possible so that you get the best result possible in your Norfolk traffic case.

If you want to find out more about how we may be able to help you, contact us for a free consultation. We’ll tell you more about what you can expect from your case and give you a sense of the defense strategies we think will work best.