Reckless or Aggressive Driving

The legal ramifications of an arrest or summons for driving recklessly can be particularly severe. Reckless driving may result in license suspension, fines, and jail time. All drivers charged with reckless driving should be aware of the elements of the most common reckless driving offenses and consult an attorney to review their rights before court.

Today, the penalties for reckless driving are extremely severe and drivers should always be careful to abide by all traffic rules, regulations, and speed limits. Conviction for reckless driving is a Class One Misdemeanor. Common penalties for a reckless driving conviction may include (1) suspension of your driver’s license for up to six (6) months and/or (2) fines up to ($2500.00) two thousand five hundred dollars, and/or (3) jail time up to (12) months.

Be aware, should your driver’s license be suspended, the penalty for driving on a suspended license is particularly strict. Common penalties for driving on a suspended license may include a longer period of license suspension, hefty fines, and additional jail time.

Though there are a number of statutes that pertain to reckless driving, most drivers are charged under on of the following three statutes:

1. General Reckless Driving – Irrespective of the maximum speed limit on a given highway, law enforcement officers have the discretion to stop a vehicle perceived as being driven recklessly and charge the driver with reckless driving. Circumstances that justify this charge include reckless driving and/or driving at an excessive speed in such a manner as to endanger the life, limb, or property of any other person. Law enforcement officers have considerable discretion under this statute and use statute in general default circumstances. (See Virginia Code Section 46.2-852).

2. Reckless Driving by Exceeding the Speed Limit – A charge of reckless driving may also be brought for driving at or above specific speeds above the speed limit. Reckless driving under these circumstances is classified according to the speed limit on the road you are driving on. On roads with the following speed limits, driving at or above the below “cut-off points” will justify a charge of reckless driving (See Virginia Code Section 46.2-862 for more information):

• On roads with a speed limit of 30 m.p.h. or less, exceeding the speed limit by 20 m.p.h or more.

• On a road with a speed limit of 35 m.p.h., exceeding the speed limit by 20 m.p.h. or more

• On a road with a speed limit of 40 m.p.h. or more, exceeding the speed limit by 20 m.p.h. or more.

• On any road, driving at a speed of 80 m.p.h. or more regardless of the speed limit.

IMPORTANT NOTE – Always remember, regardless of these specific reckless driving speeds, law enforcement officers always have the ability to charge you with reckless driving should the manner of your driving endanger life, limb, or property as described above.

3. Reckless Driving for Failing to Yield to Another’s Right-of-Way – In addition to the previous two reckless driving offenses, failing to properly yield a right-of-way may result in a reckless driving charge. Reckless driving for such a failure may arise in the following circumstances (See Virginia Code 46.2-863):

• Entrance to Highway Where There is No Yield Sign – Failing to bring your vehicle to a stop immediately before entering a highway from a side road when highway traffic is within 500 feet of your point of entrance.

• Entrance to Highway with Yield Sign – Failing to yield the right-of-way to another vehicle while entering a highway with a posted yield sign.

IMPORTANT NOTE – Always remember, regardless of the above right-of-way violations, law enforcement officers always have the ability to charge you with reckless driving should the manner of your driving endanger life, limb, or property as described above.

Be aware, in addition to the above reckless driving offenses, a reckless driving charge may also be brought for violating the speed limit in a work zone. Road and highway construction and renovation are at an all time high in Virginia, and every driver should be acutely aware of the penalties for exceeding the speed limit in work zones. (See Virginia Code Section 46.2-878.1).

The Uniform Demerit Point System

The Uniform Demerit Point System in Virginia is used by DMV to maintain a consistent record of driving convictions for all drivers within the Commonwealth. Each traffic offense in the Virginia Code is assigned a specific demerit point value. Should a driver accrue a point total in excess of DMV’s limit, arising from multiple traffic offense convictions, the driver’s license of that person may be suspended.

Take note: a reckless driving conviction will result in six (6) demerit points. Thus, conviction for one instance of reckless driving greatly increases the chances that your driver’s license may be suspended should you be convicted of future traffic offenses, irrespective of their seriousness.