When speeding becomes reckless driving
Under Virginia Code § 46.2-862, driving 20 miles per hour or more over the posted speed limit, or faster than 85 miles per hour regardless of the limit, is reckless driving. That means 65 in a 45 zone, or 86 on a 70 mph interstate, can bring a criminal charge.
Reckless driving can also be charged without any speed measurement. Virginia Code § 46.2-852 covers driving in a way that endangers life, limb or property, and other sections address things like passing a stopped school bus, racing, and failing to give a proper signal in some situations.
Possible penalties
- Class 1 misdemeanor: up to 12 months in jail and a fine of up to $2,500.
- License: the court may suspend your driving privilege for up to six months.
- DMV record: a conviction adds demerit points to your Virginia driving record, and the conviction stays on that record for years. It can also affect insurance rates and commercial driving privileges.
- Criminal record: unlike a speeding ticket, a reckless driving conviction appears on a criminal background check.
Out-of-state drivers
Many reckless driving charges in Chesterfield are written to drivers passing through on I-95 or I-295. A Virginia conviction is generally reported to your home state, and it can carry consequences there as well. Depending on the case and the court, a lawyer may be able to appear on your behalf so that you do not have to travel back for every court date. Ask about this early.
How a reckless driving charge is defended
Every case turns on its own facts, and no lawyer can promise a result. A careful defense looks at:
- How the speed was measured, and whether the radar, lidar or pacing method and the officer's training and calibration records hold up.
- Whether the speedometer of your vehicle was accurate, which a certified calibration can show.
- Your driving record and the circumstances of the stop, which can matter a great deal at sentencing.
- Whether the charge can be resolved as a lesser offense, such as improper driving under Virginia Code § 46.2-869, which is a traffic infraction rather than a crime.
Where your case will be heard
Reckless driving charges from Chesterfield County are heard in Chesterfield General District Court, 9500 Courthouse Road, Chesterfield, VA 23832. Your court date is printed on the summons. Call before that date so there is time to prepare.
Common questions
Can I just prepay reckless driving like a speeding ticket?
No. Reckless driving is a criminal charge, so it generally cannot be prepaid, and you are expected to appear in court or be represented there.
Will I go to jail for reckless driving?
Jail is possible but not automatic. Judges look at things such as how fast you were going, where, and your prior record. A lawyer can tell you what is realistic in the court where your case is heard.
Is it worth hiring a lawyer for reckless driving?
Because a conviction is a permanent criminal record, many people decide it is. A consultation is free, so you can learn your options before you decide.
This page is general information about Virginia law, not legal advice for your situation. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and past results do not guarantee a future outcome.