VIRGINIA TRAFFIC ATTORNEYS DEFENDING VIRGINIA RECKLESS DRIVING TICKETS

DEFENDING CLIENTS IN ALL STATE & FEDERAL COURTS OF VA

Virginia Reckless Driving laws Information Page

Do not take a chance with reckless driving in Virginia. Depending on the reason the officer charged you with reckless driving in Virginia, you may face actual jail time, loss of your license and a very high fine.

Reckless driving in Virginia is a class one misdemeanor.

The two most commonly charged reckless driving offenses in Virginia by police officers are reckless driving by speed (Virginia Code Section 46.2-862) and general reckless driving (Virginia Code Section 46.2-852).

If you have been charged with reckless driving by speed (Virginia State Code 46.2-862) or general reckless driving (Virginia State Code 46.2-852), we can definitely help you. When you speak with one of our attorneys who handle reckless driving cases in Virginia, feel free to ask them about the outcomes they have been able to secure for their clients in state and federal courts.

The Virginia reckless driving lawyers of SRIS, P.C. also defend juveniles charged with reckless driving offenses in the Juvenile & Domestic Relations District Courts of Virginia. Minors are entitled to a defense in the Juvenile and Domestic Relations District Courts of Virginia. A minor should have a lawyer defending him/her in Juvenile traffic court in order characterize the alleged offense in the best possible light. A minor is also less than likely to mount an effective attack on the officer's lidar or radar calibration or any of the other issues that need to be addressed in the defense of a reckless driving ticket in Virginia. Parents, you can count on us to try and keep your insurance rates from skyrocketing.

To obtain a general overview of reckless driving, please click here

To learn more about the laws pertaining to reckless driving in Maryland or Massachusetts, please click on the state.

Click on Some of the Reckless Driving Statutes in Virginia to learn more about them:

• Reckless driving; general rule
• Driving vehicle which is not under control; faulty brakes
• Passing on or at the crest of a grade or on a curve
• Driving with driver's 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; prima facie evidence
• Failing to give proper signals
• Driving too fast for highway and traffic conditions
• Exceeding speed limit
• Failure to yield right-of-way
• Reckless driving on parking lots, etc.
• Racing; penalty
• Injuring persons while engaging in a race; penalties
• Racing; aiders or abettors
• Racing; seizure of motor vehicle
• Reckless driving; penalties

Please click on Virginia reckless driving points to see which reckless driving offenses receive six demerit points from the Division of Motor Vehichle (DMV) in Virginia.

Please click on Commonly Asked Questions to learn more about reckless driving in Virginia.

VA Code § 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 in Virginia.

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

A person shall be guilty of reckless driving in Virginia who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

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

A person shall be guilty of reckless driving in Virginia who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

VA Code § 46.2-855. Driving with driver's view obstructed or control impaired

A person shall be guilty of reckless driving in Virginia who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.

VA Code § 46.2-856. Passing two vehicles abreast

A person shall be guilty of reckless driving in Virginia who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

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

A person shall be guilty of reckless driving in Virginia who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. However, this section shall not apply to any validly authorized parade, motorcade, or motorcycle escort, nor shall it apply to a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped.

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

A person shall be guilty of reckless driving in Virginia who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

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

A person is guilty of reckless driving in Virginia who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in§ 46.2- 1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in§ 46.2-1090 is prima facie evidence that the vehicle is a school bus.

VA Code § 46.2-860. Failing to give proper signals

A person shall be guilty of reckless driving in Virginia who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.

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

A person shall be guilty of reckless driving in Virginia who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

VA Code § 46.2-862. Exceeding speed limit

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.

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

A person shall be guilty of reckless driving in Virginia who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

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

A person shall be guilty of reckless driving in Virginia who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or

2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or

3. On any highway under construction or not yet open to the public.

VA Code § 46.2-865. Racing; penalty

Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth of Virginia or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving in Virginia, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2- 398 .

VA Code § 46.2-865.1. Injuring persons while engaging in a race; penalties

Any person in Virginia who, while engaging in a race in violation of§ 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life, causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony. Upon conviction, the court shall suspend the driver's license of such person for a period of not less than one year nor more than three years and shall order the surrender of the license to be disposed of in accordance with the provisions of§ 46.2- 398.

VA Code § 46.2-866. Racing; aiders or abettors

Any person in Virginia, although not engaged in a race as defined in§ 46.2-865, who aids or abets any such race, shall be guilty of a Class 1 misdemeanor.

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

If the owner of a motor vehicle in Virginia (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of§ 46.2-865, (ii) is present in the vehicle which is being operated by another in violation of§ 46.2-865, and knowingly consents to the racing, or (iii) is convicted of a violation of§ 46.2-865.1, the vehicle shall be seized and disposed of in the manner provided in§ 4.1-339 through4.1-348 for seizure and forfeiture of conveyances or vehicles used in the illegal transportation of alcoholic beverages. Such sections shall apply mutatis mutandis.

The penalties imposed by these sections are in addition to any other penalty imposed by law.

VA Code § 46.2-868. Reckless driving; penalties

A. Every person convicted of reckless driving in Virginia under the provisions of this article shall be guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving in Virginia under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

If you have been charged with reckless driving in the federal courts of Virginia, we can defend you.  If you received a reckless driving ticket on the federal parkway, military base, federal park or federal lands, then you have to go to federal court to defend against a federal reckless driving ticket.

Our Virginia Reckless Driving attorneys and staff speak various languages, including English, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C. reckless driving lawyer in Virginia, please call or complete the on-line form.