Virginia Reckless Driving Lawyer

There are over 16 different Virginia reckless driving offenses and our attorneys can assist in defending you against  whichever one you  been charged with including reckless driving due to speed (20 miles over speed limit or over 80 miles an hour), passing a stopped school bus, general reckless driving, racing, and reckless driving resulting from failure to maintain proper control of a vehicle to name a few of the common charges.

Warning: Virginia Reckless Driving is a Class 1 Criminal Misdemeanor.

Reckless Driving in Virginia is a serious offense, classified as a class 1 CRIMINAL misdemeanor.  Conviction of reckless driving can result in up to 1 year in jail, fines of up to $2,500, suspension of your license for up to 6 months, 6 demerit points on driver’s license (Virginia DMV license holders) possible loss of your security clearance (e.g. federal employees, contractors or military)  as well possible spike in auto insurance premiums.

A conviction for reckless driving in Virginia is a permanent criminal conviction that will never go away.

A Virginia Reckless Driving Charge may be Reduced to Lesser Traffic Offenses (Traffic infractions)

A Virginia Reckless Driving ticket can be reduced to a lower non  criminal offense (traffic infraction).  At the conclusion of a trial, based on all the evidence a judge can decide to reduce the charge, or a Prosecutor, Trooper or Officer may be willing to plea deal and reduce the charge.  A reckless driving charge based on speed can be reduced to regular speeding, improper driving or defective equipment and which are all non-criminal traffic offenses (traffic infractions).   Reckless Driving, general, 46.2-852; and other Reckless Drivng charges not necessary involving speed can be reduced to improper drivng or other traffic infractions.

          The best reduction would be to defective equipment which is a non-moving traffic infraction and there are no points assigned, however, judges tend to be reluctant to reduce a reckless driving to such a minor infraction and a client’s best chances for a reduction to defective equipment requires a calibration showing a substantial defect.

Types of Radars and Other Measures of Speed

3 types of radars are used in Virginia.

Stationary Radar: This type of radar uses microwave technology and can not target an individual vehicle.  Although an individual vehicle can not be pinpointed, the idea behind a stationary radar is that the operator of the radar would observe the vehicle approaching determine that it is the fastest vehicle and then determine the actual speed by using the radar.   Stationary radars can  measure the closest vehicle’s speed, the fastest vehicle or both.  Radars can be set at short or long ranges (i.e. is the radar measuring at 500 ft. or 5,000 ft).    Stationary Radars used to measure objects very close to the Radar or very far from the Radar are suspect and may lead to defenses (depending on distance, angle, etc.).     Other defenses may also be available with respect to this type of radar.

Moving Radar: This type of radar also uses microwave technology and can not target an individual vehicle.   The same description as above would also apply to moving radars.  In addition, moving radars are quite versatile.  Unlike stationary radars, moving radars can be used while a police vehicle is moving.  Depending on the settings of the radar, the radar can be used to measure speed of a target vehicle that is behind the police vehicle, in front of the police vehicle as well as vehicles that are traveling from oncoming traffic coming the opposite direction.    Defenses against moving radars would be similar to the stationary radar as well as other defenses that are unique to the moving radar.

Laser Radar (Lidar or Ladar): This type of radar uses laser technology and can target individual cars.   The radar is equipped with a scope that allows an operator of the radar to look through, similar to a rifle scope but not magnified.   The radar emits a dot on the target vehicle.   Although, more accurate than a stationary radar or a moving radar, there are still defenses that may be available in regards to a lidar radar.

                With regard to all the above Radars, there is no print out from the radar showing the alleged speed nor does Virginia law require that a police officer or trooper physically show the radar speed to the driver.

PACING:      This type of measurement of speed is based on a police officer or a trooper determining the speed of the target vehicle based on the speed of the police car.   A police officer or trooper can use PACING either by being behind or in front of the target vehicle.  There are no Virginia laws that state as to how long a police officer or trooper must pace a target vehicle to get a good reading on the speed of the target vehicle, but usually it has to be a minimum of .2 miles (approximately 1,000 feet).

                      Lack of a scientific instrument (i.e. radar) to determine the speed of a target vehicle and the possibility of error by the police officer or the trooper in conducting a proper pace of a target vehicle allows for several defenses to be presented on behalf of clients.

The Various Virginia Reckless Driving Offenses

 Below is a general description of the most often charged Virginia reckless driving offenses in HamptonRoads.  Please contact the law firm to discuss more in detail any below offense you may of been charged with.

§ 46.2-852.  Reckless Driving, General:  This statute tends to be the catch-all statute for all types of reckless driving allegations.   It is broadly worded, “any person who drives a vehicle on any highway recklessly or at a speed or in a manner”, but still the Commonwealth must proof that the alleged behavior “endanger{ed} the life, limb, or property of any person” to obtain a reckless driving conviction.

§ 46.2-853. Driving vehicle which is not under control; faulty brakes:  This tends to charged in conjunction with an accident.

§ 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.   This tends to be charged in conjunction with an accident.

§ 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.  Often times clients just never see a school bus stopped because they are focusing on something else.  Rarely do clients intentionally pass a stopped school bus.  Unfortunately, not seeing a school bus that is stopped or not intentionally trying to pass one that is stopped is not a defense by itself (it can be relevant though as mitigating evidence).    The good news is that there are defenses that are available and which can be discussed with the law firm.

§ 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.   Anyone going over 19 miles above the posted speed  limit or anyone traveling 85 miles an hour and above will be charged with reckless driving.  The law used to be 80 miles over but was changed effective July 1, 2020.

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

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

46.2-865    Racing:  Racing is also a reckless driving offense, however, a punishment can  be more serious than the other reckless driving offenses.    If found guilty of racing, a driver can lose his or her license for a minimum of 6 months and up 2 years (compared to the other reckless driving charges which limit suspension to 6 months).

Appealing a Reckless Driving Conviction

If found guilty of reckless driving in General District Court (this is the court where all reckless driving cases are heard in addition to other civil, traffic and criminal matters), a defendant has 10 days to appeal the decision.  If appealed, a de novo trial (i.e. a brand new trial) will be heard in the higher court, Circuit Court.  The trial at the Circuit Court can be in front of a judge or a jury.  Either the Defendant or the Commonwealth Attorney (Prosecutor) can opt for a jury to decide the case.   At the trial, the Commonwealth would have to again establish beyond a reasonable doubt the elements of whatever reckless driving offense a defendant has been charged with.

           Whether to appeal a reckless driving conviction to Circuit Court is something that can be discussed with Law Offices of John Naumovski as there are risks and benefits to appealing a conviction.

All Reckless Driving Representations are handled at a Fixed Fee

The law firm offers reckless driving representation at a fixed fee.  The fixed fee can vary based on the reckless driving charge, the city you got your reckless driving ticket, if an individual has a commercial drivers license, and if your case involves excessive aggravating circumstances such as a very high speed, alcohol or drug use and other issues.

            Please call the law firm for a free, no obligation quote.