Reckless Driving in Virginia
In Virginia, reckless driving is not a traffic ticket. It is a Class 1 misdemeanor. A criminal charge, heard in a courtroom, that leaves a criminal record.
These are the questions I am asked most often. If yours is not here, call or text me on 703.585.3323, or email andigeloolaw@gmail.com.
Most of these charges come down to a number.
Under Va. Code § 46.2-862 you can be charged with reckless driving on your speed alone. Twenty miles per hour over the limit. Or eighty-five and above, whatever the limit happens to be. It is a strict liability offense, which means the court only needs proof of the speed.
Twenty over the limit
Whatever the posted limit is. Twenty miles per hour above it is enough to be charged.
Eighty-five or above
The limit does not matter here. Eighty-five is reckless driving on its own.
What you meant does not count
Keeping up with traffic. Not knowing how fast you were going. Neither one answers the charge. The letter of the law is all that matters, and it can feel deeply unfair.
What people ask me first.
Is this a criminal charge?
Yes. Reckless driving in Virginia is normally a Class 1 misdemeanor. That is a criminal offense, not a traffic ticket, and a conviction leaves you with a criminal record.
Could I actually go to jail?
It is possible. A Class 1 misdemeanor carries up to 12 months in jail and a fine up to $2,500. Not every case ends in jail. But it is a real risk, and more so at higher speeds.
Will I lose my license?
A conviction can suspend your license for up to six months. For most people this is the consequence that lands first and hurts most.
Do I have to go to court?
Almost always, because it is a criminal charge. You cannot pay it online and be done with it. Some cases qualify for a waiver, where I appear and you do not have to. That depends on the facts.
How will this affect my insurance?
Expect a significant increase. A reckless driving conviction is a red flag to insurers, and the effect tends to last for years rather than months.
Can the charge be reduced, or dismissed?
Yes. Negotiation can bring it down to improper driving, or to a traffic infraction rather than a criminal misdemeanor. It depends on your record and on the facts. The case should still be reviewed for defenses, and your attorney should be ready for trial either way.
How long does it stay on my record?
It can stay, in certain cases, on your criminal record for life. On your DMV record it sits for at least 11 years, and it carries six demerit points. Virginia does not expunge convictions.
I have a CDL. Does that change things?
Yes. A commercial license carries its own rules and its own consequences, and a conviction can affect your ability to work. If you drive for a living, the license is the job. Commercial holders are held to a stricter standard and have more to lose from an ordinary conviction.
And you should be aware — federal masking statutes make these charges much more difficult in court. What a court can do to keep a ticket off a regular driving record, it often cannot do for a CDL. Defenses are critical here.
You may be on the wrong page.
Not every traffic charge is reckless driving. See speeding tickets, traffic tickets, driving on a suspended license, or criminal defense.
Fairfax · Prince William · Loudoun · Fauquier · Arlington · Stafford · Spotsylvania, and courts throughout Virginia. See the full list.
We are here to help you navigate this.
The first conversation is free. Plan for about 15 minutes — sometimes longer. My clock isn’t ticking while we’re talking.
Bring your summons and tell me what happened in your own words. I’m happy to keep answering your questions even after the consult, especially if you’re a nice person. My clients usually are.
And if I’m not the right fit for your case, I’ll tell you.