Menu
Beat the Reckless Charge in Virginia. We fight for your driving record.
A Virginia reckless driving ticket is one of the most serious traffic charges in the United States. You are not being accused of a simple traffic infraction; you are being charged with a Class 1 Misdemeanor, the same class of crime as a DUI, assault, or petit larceny. A conviction can result in a permanent criminal record, significant jail time, a lengthy license suspension, and devastating consequences for your career and future. For over two decades, I have dedicated my practice to defending individuals across the Commonwealth of Virginia from these severe charges. At Law Offices of SRIS, P.C., we understand the shock and anxiety that come with that ticket. We are here to provide the clear, authoritative guidance and seasoned defense you need to navigate this critical moment.
Many drivers are shocked to learn that their “speeding ticket” is actually a criminal charge. In Virginia, the law defines reckless driving not just by speed, but by any driving behavior that endangers “life, limb, or property.” While excessive speed is the most frequent trigger, the law casts a wide net, encompassing a range of actions that a law enforcement officer might deem dangerous under the circumstances.
In my decades of practice, I’ve seen these charges arise from a wide variety of situations. The Commonwealth of Virginia has over a dozen statutes that define different forms of reckless driving. It is not one single offense.
Reckless Driving by Speed (VA Code § 46.2-862)
This is, by far, the most common reckless driving charge we handle. It is what brings most out-of-state drivers and local commuters to our office. The statute is unforgivingly clear: you are guilty of reckless driving if you drive:
20 miles per hour or more above the posted speed limit, OR
In excess of 85 miles per hour, regardless of the posted speed limit.
This means that going 86 MPH in a 70 MPH zone on I-95 is not a speeding ticket; it is a jailable criminal offense. Going 75 MPH in a 55 MPH zone is also reckless driving. Many drivers, particularly those from other states where this would be a simple ticket, are caught entirely off guard by the severity.
General Reckless Driving (VA Code § 46.2-852)
This is the “catch-all” statute. It defines reckless driving as operating a motor vehicle on any highway in the Commonwealth “in a manner so as to endanger the life, limb, or property of any person.” This is a subjective standard, left to the discretion of the officer and, ultimately, the judge. Charges under this code section often arise from:
Accidents where the officer believes one party was driving aggressively or dangerously.
“Swerving” or weaving in and out of lanes.
Driving too fast for the current weather or traffic conditions, even if under the speed limit.
Peeling out or “burning rubber.”
Other Forms of Reckless Driving
Beyond the two main statutes, Virginia law specifies other actions as reckless driving, including:
VA Code § 46.2-853: Driving a vehicle with improper control or faulty brakes.
VA Code § 46.2-855: Passing on the crest of a hill or a curve.
VA Code § 46.2-859: Illegally passing a stopped school bus. This is taken extremely seriously by judges across Virginia.
VA Code § 46.2-861: Driving too fast for conditions.
Understanding the specific statute you were charged under is the first critical step in building a defense. The evidence needed to prove a case of driving over 85 MPH is very different from that needed to prove “general reckless driving” in an accident case.
The consequences of a Virginia reckless driving conviction extend far beyond a simple fine. As a Class 1 Misdemeanor, it carries penalties that can fundamentally alter your life, your freedom, and your financial future. The judge has wide discretion to impose a range of punishments based on the facts of your case, your driving record, and the arguments made by your attorney.
The potential penalties are established under VA Code § 46.2-868. When I sit down with a new client, I make sure they understand the full spectrum of what is at risk.
A Permanent Criminal Record: This is often the most damaging and permanent consequence. A conviction for reckless driving means you will have a criminal record that can appear on background checks for the rest of your life. This can impact:
Employment: Many employers are hesitant to hire applicants with a recent misdemeanor conviction, especially for jobs involving driving, trust, or security.
Professional Licenses: Nurses, pilots, lawyers, and others with professional licenses may face disciplinary action.
Security Clearances: A criminal conviction can make it difficult or impossible to obtain or maintain a government security clearance, a major issue for the many federal employees and contractors in Northern Virginia.
Jail Time: Yes, you can go to jail for a reckless driving ticket in Virginia. The law permits a judge to sentence you to up to 12 months in jail. While not every case results in jail time, it becomes a very real possibility in cases involving extremely high speeds (e.g., over 90 MPH or 100 MPH), aggressive behavior, or when the defendant has a poor driving record.
License Suspension: The judge can suspend your Virginia driving privileges for up to six months. If you are an out-of-state driver, the Virginia DMV will report the conviction to your home state’s DMV, which will typically suspend your license according to its own rules.
Significant Fines: The maximum fine for a Class 1 Misdemeanor is $2,500. While the maximum is not always imposed, the fine, in addition to court costs, can be substantial.
DMV Demerit Points: A conviction will result in the Virginia DMV assessing 6 demerit points on your driving record. These points remain on your record for 11 years and can cause a dramatic increase in your car insurance premiums.
The combination of these penalties makes fighting a reckless driving charge not an option, but a necessity for anyone who wants to protect their future.
A reckless driving charge is not a hopeless situation. The prosecutor must prove every element of their case against you beyond a reasonable doubt. Our role, as your defense counsel, is to scrutinize every piece of evidence and procedure to find the weaknesses in the Commonwealth’s case. Our goal is always to achieve the best possible outcome, whether that is a full dismissal, an acquittal at trial, or a negotiated reduction to a less serious offense.
Over the past 20 years, I have refined a methodical approach to defending these cases. Every case is unique, but our process is built on a foundation of diligence and seasoned legal strategy.
1. Comprehensive Case Analysis: We begin by examining every detail of your stop. This includes:
The Uniform Summons (Your Ticket): We check for any clerical or procedural errors on the ticket itself.
The Officer’s Evidence: How did the officer measure your speed? Was it by radar, LiDAR, or pacing? We investigate whether the officer’s device was properly calibrated and if they were certified to use it. Under Virginia law, we can request the calibration certificates for the specific device used in your stop.
The Location and Conditions: Were there mitigating factors? Was the road downhill? Was traffic light or heavy? Was there an emergency that required you to speed?
2. Negotiating from a Position of Strength: In many Virginia jurisdictions, we can negotiate with the Commonwealth’s Attorney (the prosecutor) before the trial date. Our objective is often to secure a reduction of the charge from reckless driving (a misdemeanor) to Improper Driving under VA Code § 46.2-869. Improper driving is a simple traffic infraction with a maximum fine of $500 and only 3 demerit points. It is not a crime. Another potential positive outcome is negotiating a dismissal of the charge altogether, perhaps in exchange for the client completing a driver improvement course or community service.
3. Challenging the Evidence in Court: If a favorable negotiation is not possible, we are fully prepared to defend you at trial. We can challenge the admissibility of the speed-reading device’s results, cross-examine the police officer on their training and procedures, and present any evidence in your favor. A police officer’s memory of events can fade, and their testimony can sometimes reveal inconsistencies that create reasonable doubt.
4. Mitigation and Presentation: We work with you to present the best possible picture to the judge. This can involve proactive steps like completing a respected driver improvement course before court, performing community service, and gathering evidence of your good character and otherwise clean driving record. Presenting you as a responsible citizen who made a mistake is a powerful tool in seeking leniency from the court.
Our defense is not a one-size-fits-all template. It is a tailored strategy designed around the specific facts of your case, the court you are in, and your personal circumstances.
A reckless driving ticket can happen anywhere in the Commonwealth, from the busy highways of Northern Virginia to the long stretches of I-81 in the Shenandoah Valley. It is critical to have a lawyer who understands the local court, the prosecutors, and the judges. We have seasoned experience representing clients in courts throughout Virginia.
We regularly defend clients, including local residents, out-of-state drivers, and commercial drivers, in jurisdictions across the Commonwealth, including:
Northern Virginia: Fairfax County, Loudoun County, Arlington County, Prince William County, Alexandria.
Richmond and Central Virginia: Henrico County, Chesterfield County, Hanover County, City of Richmond.
Hampton Roads: Virginia Beach, Norfolk, Chesapeake, Newport News, Hampton.
Shenandoah Valley & Western VA: Augusta County, Rockingham County, Frederick County.
We are also highly experienced in defending charges that arise on Virginia’s major interstate corridors, which are common locations for reckless driving by speed tickets:
Interstate 95 (I-95): A major route for out-of-state travelers, heavily patrolled from Northern Virginia through Richmond and down to the North Carolina border.
Interstate 81 (I-81): A key trucking and travel route through western Virginia, known for its changing elevations and strict enforcement.
Interstate 64 (I-64): Connecting Hampton Roads to Richmond and points west.
Interstate 66 (I-66) and the Dulles Toll Road: Major commuter arteries in Northern Virginia with complex speed limit rules.
No matter where in Virginia you received your ticket, the core principles of a strong defense remain the same. Contact Law Offices of SRIS, P.C. to discuss the specifics of your case and your court.
stressful. What you do next can have a significant impact on the outcome of your case. To help you, we have developed this immediate action planner. Follow these steps to protect your rights and begin building the foundation for a strong defense.
Step 1: Document Everything About the Stop (Immediately)
As soon as you are in a safe place, write down or record a voice memo of everything you can remember. Memories fade quickly.
What was the date, time, and exact location?
What were the weather and traffic conditions?
What did the officer say to you? What did you say to the officer? Be precise.
Were there any other people in your car?
Do you believe there were any issues with the officer’s behavior or equipment?
Step 2: Preserve Any and All Evidence
Your Ticket: Keep the original Virginia Uniform Summons in a safe place.
Photos/Videos: If it is safe to do so, take photos of the location, any relevant road signs, or any obstructions that might be relevant.
Dash Cam Footage: If you have a dash cam, save the footage immediately. Do not record over it.
Step 3: Exercise Your Right to Remain Silent
You have already received the ticket. There is nothing more you need to say to law enforcement. Do not post about the ticket on social media. Do not discuss the details with anyone other than your attorney. Anything you say can potentially be used against you.
Step 4: Do Not Simply Pre-Pay the Fine
In Virginia, pre-paying a reckless driving ticket is an admission of guilt. You will be convicted of the Class 1 Misdemeanor. This is not like a simple speeding ticket where you can just mail in a check.
Step 5: Seek a Confidential Case Assessment with a Seasoned Attorney
The most critical step you can take is to discuss your case with a lawyer who focuses on Virginia reckless driving defense. An experienced attorney can review your summons, listen to your account of the events, and give you a clear understanding of the challenges and opportunities in your case. Call Law Offices of SRIS, P.C. at 888-437-7747 for a case assessment.
If you received a reckless driving ticket in Virginia but live in another state, the situation feels even more daunting. The prospect of traveling back to Virginia for a court date is a logistical and financial nightmare. We handle a large volume of cases for out-of-state drivers, and we understand your unique concerns.
Here are the key points you need to know:
You Cannot Ignore It: Failing to appear in court will result in the Virginia judge issuing a warrant for your arrest and an indefinite suspension of your privilege to drive in Virginia. This will be reported to your home state’s DMV, likely leading to a suspension of your license there as well.
We Can Often Appear for You: In many Virginia courts and for many types of reckless driving cases, the law allows a licensed attorney to appear in court on your behalf. This means you may not have to travel back to Virginia at all. We handle the court appearance while you continue with your life at home.
The Driver License Compact: Most states are members of the Driver License Compact, an agreement to share driver information. A conviction in Virginia will be reported to your home state, which will then typically impose its own penalties (suspension, points, etc.) as if the offense occurred there.
Our Goal is to Resolve It Here: Our primary objective for out-of-state clients is to resolve the charge within Virginia in a way that minimizes or eliminates the consequences back home. Reducing the charge from a misdemeanor to a simple infraction like Improper Driving is often the key to protecting your home state license.
If you are an out-of-state driver, do not delay. The complexities of interstate reporting make it even more critical to have seasoned legal representation.
In my years of practice, I have seen well-intentioned people make critical errors after being charged with reckless driving. These mistakes can make a strong defense much more difficult. Avoiding these common pitfalls is essential.
Scenario 1: “I got a ticket for going 93 in a 70 on I-95. I live in Florida and have a clean record. Do I really need a lawyer?”
Absolutely. Driving more than 20 MPH over the speed limit is criminal reckless driving. At 93 MPH, some Virginia judges will consider imposing active jail time, even for a first offense. As an out-of-state driver, a conviction will be reported to the Florida HSMV, and you face a criminal record. An experienced lawyer is essential to negotiate with the prosecutor, appear in court on your behalf, and fight to protect you from the most severe consequences, including jail and a criminal conviction.
Scenario 2: “I was in a minor fender-bender in a Fairfax County parking lot, and the other driver was yelling. The officer gave me a ticket for general reckless driving under § 46.2-852. How can they prove that?”
This is a very subjective charge. The prosecutor will rely on the testimony of the other driver and the officer’s report. To convict you, they must prove you drove with a “reckless disregard for the safety of others.” Our defense would involve cross-examining the other driver to expose inconsistencies or bias, highlighting the lack of any serious danger, and arguing that, at most, this was a case of simple negligence, not criminal recklessness. These cases are highly defensible with the right strategy.
Scenario 3: “My son, a college student, was charged with reckless driving. We’re worried about the cost of a lawyer and how this will affect his future.”
This is a very common and understandable concern. The cost of a seasoned lawyer is an investment in your son’s future. A criminal conviction can close doors to graduate school and future employment opportunities for years to come. We work to find the most efficient and effective path to a resolution. Often, by having the student proactively complete a driver improvement course and community service, we can present a strong case for leniency to the prosecutor and judge, aiming for a result that keeps his record clean.
No, in almost all cases, reckless driving is a Class 1 Misdemeanor. However, if your reckless driving results in the death of another person and your license was suspended or revoked at the time, it can be elevated to a Class 6 Felony.
A criminal conviction for misdemeanor reckless driving stays on your permanent criminal record forever. The DMV demerit points stay on your Virginia driving record for 11 years.
Yes. A charge can be dismissed if the officer fails to appear in court, if the evidence is insufficient (e.g., an invalid calibration certificate), or sometimes through negotiation with the prosecutor, who may agree to drop the charge if you complete certain conditions.
This is a primary goal in many cases. An attorney achieves this by presenting mitigating evidence (good driving record, driver improvement course) to the prosecutor or judge and negotiating a plea agreement. A reduction to improper driving is a major victory, as it avoids a criminal conviction.
Generally, yes, a court appearance is mandatory because it is a criminal charge. However, in many cases, an attorney can be authorized to appear on your behalf, saving you the time, stress, and expense of coming to court, which is especially beneficial for out-of-state clients.
The outcome varies widely depending on the speed, the specific court, the judge, and your defense. With a good record and an effective lawyer, it is often possible to avoid jail time and even the criminal conviction itself by getting the charge reduced. However, there are no guarantees.
The cost varies based on the complexity of the case and the specific court jurisdiction. While it is a significant investment, it should be weighed against the immense cost of a criminal conviction, which includes fines, court costs, dramatically increased insurance premiums, and potential loss of employment opportunities.
It is generally not a successful legal defense. Arguing that your cruise control was set to a certain speed is difficult to prove, and the law holds the driver responsible for the vehicle's speed regardless of whether cruise control was active.
The driver is responsible for the charge, not the rental car company. The process is the same as if you were driving your own vehicle.
The consequences are even more severe for CDL holders. A conviction for reckless driving can lead to a "serious traffic violation" determination by the FMCSA, potentially resulting in the disqualification of your CDL and the loss of your livelihood. A strong defense is absolutely critical.
Contact Law Offices Of SRIS, P.C. Today
A charge of reckless driving in Virginia is a serious threat to your freedom, your financial stability, and your good name. You do not have to face it alone. With decades of focused experience in this specific area of law, our firm has the knowledge and seasoning to challenge the Commonwealth’s case against you. We are committed to building the strongest possible defense aimed at protecting your record and your future.
Do not wait. The time to build your defense is now. Call the Law Offices Of SRIS, P.C. today at 888-437-7747 to schedule a confidential case assessment.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Copyright © 2025 Virginia Reckless Drivingticket
DUI, Criminal Law & Traffic Law
BRYAN BLOCK Licensed in VAFormer Virginia state trooper (Of Counsel)