When people envision reckless driving, they typically think of someone crossing multiple lanes of traffic at high speed, ignoring turn signals, and putting others in danger. However, this is only one example; there are many ways you could end up with a reckless driving charge on your record.
If you have been charged with reckless driving in Virginia, it is important to understand the potential penalties and consequences you may face, as well as what to expect throughout the court process and how to respond effectively.
What Constitutes Reckless Driving
Reckless driving is an umbrella term that encompasses many potential actions. The state of Virginia defines reckless driving as “driv[ing] a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person” according to Section 46.2-852.
However, it goes on to further break down potential moving violations that constitute reckless driving, such as:
- Driving more than 20 mph over the speed limit
- Driving faster than 85 mph regardless of the speed limit
- Driving too fast for road conditions (e.g., snow)
- Passing a school bus that is stopped
- Driving a vehicle in which the brakes are not properly adjusted
- Failing to use turn signals
- Driving in a manner that may harm others or property in a parking lot
- Spinning a vehicle’s wheels (i.e., burning rubber)
- Ignoring right of way
These are just a few of the many examples of reckless driving.
Penalties for Reckless Driving in Virginia
When a person is convicted of reckless driving in Virginia, they face numerous consequences that will be determined based on three factors:
- The severity of the infraction
- The location in which it occurred
- Any prior offenses
A two-time offender convicted of reckless driving in a school zone will likely receive a more stringent punishment than a first-time offender who was speeding on the highway but maintained their position in their lane.
Potential penalties for reckless driving in Virginia include
Fines — Fines may reach up to $2500 for a reckless driving charge. The amount is up to the judge’s discretion.- License Suspension — Drivers may face a license suspension of up to six months for reckless driving. However, individuals who are convicted of racing that resulted in seriously injuring or killing another person can receive a suspension of up to two or three years, respectively.
- Driving Points — As a Class 1 misdemeanor, reckless driving is worth six points on a person’s driving record that stays for 11 years.
- Jail Time — First-time offenders can receive up to one year in jail and a fine of up to $2500. But, reckless driving that results in serious bodily injury or death of another is a Class 6 felony punishable by not less than one year and up to 20 years in prison.
- Vehicle Seizure — Racing results in more severe penalties than baseline reckless driving, which means that those convicted of racing may have their vehicle seized and forfeited to the Commonwealth of Virginia.
Understanding the Impact on Driving Record and Insurance
A reckless driving conviction may have more consequences than just the fines and potential jail time. The conviction has long-term implications on a person’s driving records and insurance premiums.
Reckless driving is worth six points on a person’s record, which means if they already had points outstanding, their license may also be suspended by the Department of Motor Vehicles, in addition to the court sentence.
Reckless driving convictions can also cause increases in insurance premiums; repeat convictions for reckless driving may create difficulty in being insured at all. They can also lead to being ineligible to use rental cars.
To mitigate the impact of a reckless driving record, an individual can complete driver improvement courses or work with an attorney to pursue alternative sentencing options.
The driver courses can provide multiple positive points on the record, and an attorney may be able to assist with having the potential penalties of a conviction reduced or amended to a charge that is less detrimental.
However, if driver courses have already been taken related to a previous driving offense, this may not be an option.
Rely on an Experienced Attorney for a Reckless Driving Charge
If you have been charged with reckless driving, finding legal representation is one of the most important steps you can take. An attorney experienced in the local courts will represent you to mitigate penalties where possible.
The attorneys at The Law Offices of Kermit A. Monge have helped drivers contest reckless driving charges and see penalties adjusted to reduce the financial and lifestyle burden when possible.
Contact The Law Offices of Kermit A. Monge to discuss the details of your reckless driving encounter and partner with a team that can guide you on what to do next.