We have Reckless Driving defense experience in many different traffic courts in the Richmond Area. Contact me today if you or a loved one have received a ticket in:
Reckless Driving Penalties
Reckless driving is a class 1 misdemeanor in Virginia. If you prepay a reckless driving ticket, you plead guilty to a criminal offense. You could face significant penalties if convicted of reckless driving, including:
- License suspension
- Criminal conviction that is transferable to other states
- Jail time depending on speed and circumstances
- Fine of up to $2500
- Six points on your Virginia license for up to 11 years
- Employment consequences
- Insurance rate increase
What is considered Reckless Driving in Virginia?
A number of different actions are considered reckless driving:
- Speeding: Anything 20 mph or more over the limit, or in excess of 80 mph is considered reckless driving in Virginia
- Overly aggressive driving
- Passing two vehicles abreast
- Passing another vehicle at a railroad crossing
- Many accidents are written as reckless driving
Code of Virginia > 46.2-862
“A person shall be guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of eighty miles per hour regardless of the applicable maximum speed limit.”
Code of Virginia > 46.2-852
“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.”
Defeneses to Reckless Driving in Virginia
The “Radar Calibration” Defense
In the Commonwealth of Virginia, it is the Officer’s, Trooper’s, or Deputy’s duty to calibrate his/her Radar to confirm its accuracy. The reason for this is to prevent an inaccurate Radar from causing a police officer to wrongfully pull someone over for a speed they weren’t going. When this defense is utilized in court, the officer is required to present his/her “Certificate of Calibration” and prove that it is up to date. If it isn’t, the judge typically dismisses the case in accordance with the law. The following is an excerpt from the Code of Virginia which states the law regarding radar calibration:
§ 46.2-882. Determining speed with various devices; certificate as to accuracy of device; arrest without warrant:
“In any court or legal proceeding in which any question arises about the calibration or accuracy of any laser speed determination device, radar, or microcomputer device as described in this section used to determine the speed of any motor vehicle, a certificate, or a true copy thereof, showing the calibration or accuracy of (i) the speedometer of any vehicle, (ii) any tuning fork employed in calibrating or testing the radar or other speed determination device or (iii) any other method employed in calibrating or testing any laser speed determination device, and when and by whom the calibration was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such device shall be valid for longer than six months.”
Click here for an example where we used the Radar Calibration defense.
Reckless Driving over 90 mph in Virginia:
In the Commonwealth of Virginia, driving over 90 mph is rarely reduced and often punished by a short amount of jail time. If you have been ticketed for going over 90 mph, a reckless driving attorney is essential in obtaining a good outcome in your court case.
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