5 Things to Know About Reckless Driving Offenses in Virginia

If you are stopped for a traffic offense in Fairfax, it is extremely important to know that certain types of traffic charges can be extremely serious in Virginia. To be sure, not all traffic offenses are equal, and many of them can result in a criminal record. While many people assume that traffic offenses are relatively minor and will only result, at worst, in a fine and points on a driver’s license, this is simply not true in Virginia. In addition to facing significant jail time for even a first-time DUI/DWI conviction in the state, motorists should know that other types of traffic offenses that do not result in criminal charges in other states—most notably reckless driving offenses—may be misdemeanor offenses in Virginia.

Accordingly, when you are facing reckless driving charges in Virginia, it is extremely important to have an experienced and aggressive Fairfax traffic defense lawyer on your side to help fight those charges. In the meantime, the following are five important things to know about reckless driving offenses in Virginia.

1. Speeding Can Result in a Criminal Record

In certain types of speeding cases, speeding can be a misdemeanor offense under Virginia law (Code of Va. § 46.2-862) that can result in a criminal record. Indeed, according to Virginia law, excessive speeding can result in a person being guilty of reckless driving offenses (a misdemeanor offense that we will discuss with you below) in two different scenarios:

• Driving at a speed 20 miles per hour or more beyond the maximum posted speed limit; or
• Driving at a speed over 80 miles per hour regardless of the posted speed limit.

For the first situation, an example might be a driver traveling on a local road with a posted speed limit of 45 miles per hour, and the driver is traveling at a speed of 65 miles per hour. Then, if you are driving on a Virginia highway where the maximum posted speed limit is 70 miles per hour, if you are cited for speeding at 81 miles per hour, that is a reckless driving offense even though you were only driving at a speed of 11 miles per hour in excess of the posted speed limit.

2. Reckless Driving is a Misdemeanor Offense in Virginia

A person can be cited for reckless driving offenses in Virginia (Code of Va. § 46.2-852) in two different ways:

• Speeding, as we explained above; or
• Driving in such a way “so as to endanger the life, limb, or property of any person.”

If you are convicted of reckless driving, you will face penalties for a Class 1 misdemeanor offense. Under Virginia law (Code of Va. § 18.2-11), the penalty for a Class 1 misdemeanor can include up to 12 months in jail and a fine of up to $2,500.

3. You May Be Able to Have Your Reckless Driving Charges Reduced With a Criminal Defense Lawyer’s Help

If you are charged with reckless driving, it may be possible to have your charges reduced to “improper driving” charges (Code of Va. § 42.6-869). In situations where “the degree of culpability is slight,” the statute says that “the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving.” Unlike reckless driving, which is a Class 1 misdemeanor offense, improper driving is a traffic infraction that involves a penalty of up to $500. In other words, an improper driving infraction will not result in a criminal record.

 

4. You Can Face Reckless Driving Charges in Virginia Even If You Do Not Live in the State

Whether you live in Virginia or were charged with reckless driving while on a Virginia road or highway, it is important to know that living in another state does not get you out of the charges. Whether you reside nearby in Washington, D.C. or Maryland, or whether you reside thousands of miles away, you will need to face the reckless driving charges.

5. You Will Not Be Able to Expunge a Reckless Driving Conviction Under Virginia Law

Virginia law is extremely strict when it comes to record sealing and expungement. If you are convicted of reckless driving, you will not be able to expunge the record—expungement is only for charges that do not result in a conviction. Accordingly, you should seek help from a criminal defense attorney in Fairfax as soon as possible to avoid having a criminal record for reckless driving.

Contact a Fairfax Criminal Defense Lawyer

Are you facing reckless driving charges in Virginia? Whether you need help fighting a moving traffic violation or an offense that would result in a criminal record, one of the aggressive Fairfax criminal defense attorneys at our firm can begin building a defense strategy for your case. Contact Leary Law for more information about how our criminal defense team can assist you.