Chesterfield, VA Reckless Driving Accident Lawyer Gets Case Dismissed

Law enforcement in Virginia commonly write reckless driving charges whenever there is an accident. The two most commonly charged reckless driving laws in Virginia are:

§ 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.


If you were to apply these with no common sense then almost anyone would be guilty all the time when there is an accident. By definition, if you lose control of your vehicle it is not under control. However, courts have defined these laws to really focus on the endangerment to life, limb, or property.

It is important to know and understand the case law surrounding reckless driving accidents. There are very good cases that deal with many different situations. For instance, the mere happening of an accident alone, without more, is not reckless driving.

For this reason alone, it is usually best to REMAIN SILENT when the police investigate a crash scene.

Common Reasons for Accidents

I frequently represent people involved in reckless driving accident cases in Virginia. Some of the most common reasons for accidents include:

  • falling asleep
  • hydroplaning
  • ice on bridge or ice on roads
  • texting/using the phone while driving
  • deer or other animal runs out in road
  • other vehicle causes accident

Most of the cases I handle have no witnesses and many are single vehicle accidents. The officer arrives at the scene and the officer did not witness anything. In MOST of these cases, the only evidence against my client is THEIR OWN STATEMENTS.

If you are involved in an accident, it almost never makes sense to make a statement to the officer. However, the vast majority of my clients due, and they usually get charged with reckless driving. Some of these cases will always get dismissed. For instance, if the only evidence is that my client told the officer an animal ran out in front of them then the case should always get dismissed unless there is other evidence.

However, other cases such as FALLING ASLEEP, or DISTRACTED DRIVING are PER SE reckless driving. All that means is that if the judge wants to, he/she can find evidence sufficient and convict you of reckless driving.

Even in Cases Where You are Guilty, We can Often Get the Charge Reduced or Dismissed

Recently we represented over a half dozen clients charged with reckless driving accidents. We got every case dismissed. The following case involved a client who just made a mistake. She fell asleep at the wheel and told the officer that that was the reason for the crash. Fortunately she was ok, and we were able to get the case completely dismissed with no fine:

If you or a loved one has been charged with reckless driving due to an accident, you do not have to be found guilty. Sometimes, even when the client is guilty we can still find a way to get the charge completely dismissed.

Call today for a free consultation about your reckless driving charge. 804-873-4004


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