The motor vehicle code in Virginia is found under 46.2 but the criminal code is under 18.2. However, the Virginia code reads that reckless driving shall be punishable as a class 1 misdemeanor. So does a conviction for Virginia reckless driving mean you have a criminal record?

If you are convicted of reckless driving under any of the reckless driving laws in Virginia then you will have a criminal record:

List of Virginia Reckless Driving Laws:

§ 46.2-852. Reckless driving; general rule.

§ 46.2-853. Driving vehicle which is not under control; faulty brakes.

§ 46.2-854. Passing on or at the crest of a grade or on a curve.

§ 46.2-855. Driving with driver’s view obstructed or control impaired.

§ 46.2-856. Passing two vehicles abreast.

§ 46.2-857. Driving two abreast in a single lane.

§ 46.2-858. Passing at a railroad grade crossing.

§ 46.2-859. Passing a stopped school bus; prima facie evidence.

§ 46.2-860. Failing to give proper signals

§ 46.2-861. Driving too fast for highway and traffic conditions.

§ 46.2-862. Exceeding speed limit.

§ 46.2-863. Failure to yield right-of-way.

§ 46.2-864. Reckless driving on parking lots, etc.

§ 46.2-865. Racing; penalty.

§ 46.2-865.1. Injuring another or causing the death of another while engaging in a race; penalties.

§ 46.2-866. Racing; aiders or abettors.

§ 46.2-867. Racing; seizure of motor vehicle.

§ 46.2-868. Reckless driving; penalties.

Under Virginia law, you cannot expunge a criminal record for which you were found guilty of. This is important because of Virginia’s reckless driving by speed law which defines reckless driving by speed to be over 80 mph or 20 or more mph over the limit. So you can be charged with misdemeanor reckless driving by speed for driving 81 mph in a 70 mph zone. And if you are convicted you will have a permanent criminal record unless you appeal the case within ten days of the conviction date.

Contact Us

Contact Leavitt & Martin, PLLC. • Free Initial Consultations

Our office hours are 9 a.m. to 5 p.m., Monday through Friday, but you can call anytime, 24 hours a day, and we can often make weekend and evening appointments available.



116-B Walton Park Ln.
Midlothian, VA 23114


312 South Main Street
Emporia, Virginia 23847

Connect with Us