RECKLESS DRIVING BY SPEED IN THE COMMONWEALTH OF VIRGINIA
In Virginia, one of the most common ways to be charged with reckless driving is simply because of your speed. Under state law (Va. Code § 46.2-862), you can be cited for either driving 20 miles per hour over the speed limit or for going over 85 mph at all, no matter what the limit is.
What can be tough to swallow is that this is a “strict liability” offense. This means the court only needs to see proof of your speed. Your intentions—even if you were just trying to keep up with traffic or didn’t realize how fast you were going—unfortunately don’t play a role in whether you are found guilty. It’s one of those situations where the letter of the law is all that matters, which can feel really unfair.
Getting a ticket like this can be a shock, and it’s natural to have a lot of questions swirling around. Based on what client’s often ask, here are some common concerns that might be on your mind:
- Is this a criminal charge? Yes, in Virginia, reckless driving is typically a Class 1 misdemeanor, which is a criminal offense, not just a traffic ticket. This means a conviction will result in a criminal record.
- Could I actually go to jail? It’s a possibility. A Class 1 misdemeanor carries a potential penalty of up to 12 months in jail and a fine of up to $2,500. While not every case results in jail time, it’s a real risk, especially for higher speeds. The likelihood of jail really comes down to the details of your case. I’m happy to talk through them with you as part of a free consultation. Feel free to call/text or email me, andigeloolaw@gmail.com
- Will I lose my license? A conviction can lead to a driver’s license suspension of up to six months. For many, this is one of the most immediate and disruptive consequences. The likelihood of this happening really comes down to the details of your case. I’m happy to talk through them with you as part of a free consultation. Feel free to call/text or email me, andigeloolaw@gmail.com
- Do I have to go to court? Yes, because it’s a criminal charge, a court appearance is almost always mandatory. You can’t just pay a fine online and be done with it. Some cases are eligible for a waiver, where I can handle the matter for you without you having to come to court. Again, it comes down to the details of your case. I’m happy to talk through them with you as part of a free consultation. Feel free to call/text or email me, andigeloolaw@gmail.com
- How will this affect my car insurance? If convicted, you can expect a significant increase in your insurance premiums. A reckless driving conviction is a major red flag for insurance companies.
- Is there any way to get this charge reduced, maybe even dismissed? Yes. An experienced and prepared attorney can facilitate negotiations to bring the charge down to a lesser offense like “improper driving,” or other traffic infraction rather than a criminal misdemeanor. This often depends on your driving record and the specifics of your case. Of course, the case should always be reviewed for defenses and an attorney should always be prepared for trial and know their traffic and misdemeanor laws.
Interviewed for Authority Magazine: Top Lawyers: Andaleeb “Andi” Geloo On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law
Call/Text Andi Geloo at 703.585.3323 or email me at andigeloolaw@gmail.com