Protect Your License and Freedom:
VA's Reckless Driving Defenses

Are you facing reckless driving charges? Know Your VA Legal Options.

A Comprehensive Guide to Virginia's Reckless Driving Laws

A charge of reckless driving in Virginia is not a simple traffic ticket. It is a criminal offense with consequences that can follow you for years. If you have been handed a summons for reckless driving, you are likely feeling anxious, confused, and worried about your future. As a senior attorney who has dedicated over two decades to defending Virginians and out-of-state drivers against these serious charges, I understand what is at stake. This guide is designed to provide the clarity and authoritative information you need to understand the law, the potential penalties, and the path forward.

Key Takeaways: What You Must Know About Virginia Reckless Driving

It’s a Crime, Not a Ticket: Reckless driving is a Class 1 Misdemeanor, the same class as a DUI or assault. It is not a prepayable infraction.
Severe Penalties are Possible: A conviction can result in jail time, fines up to $2,500, a six-month license suspension, and six demerit points on your Virginia driving record.
Speed is a Common Trigger: Driving just 20 MPH over the speed limit, or at any speed over 85 MPH, is automatically considered reckless driving under Virginia Code § 46.2-862.
A Conviction Creates a Permanent Criminal Record: This can impact employment, security clearances, and professional licenses.
A Defense is Possible: An experienced attorney can challenge the evidence, negotiate with the prosecutor, and work towards a reduction or dismissal of the charge.

1. What is Reckless Driving? Understanding the Virginia Code

The term “reckless driving” covers a wide range of driving behaviors, far beyond just excessive speed. The Commonwealth of Virginia has over a dozen statutes that define reckless driving. A prosecutor only needs to prove you violated one of them to secure a conviction. Understanding the specific law you are accused of breaking is the first step in building a defense.

Many people I speak with are shocked to learn that their driving behavior, which they thought might result in a simple speeding ticket, has led to a criminal charge. The fundamental difference between a speeding infraction and reckless driving often comes down to intent and endangerment. While a speeding ticket punishes the act of exceeding the speed limit, a reckless driving charge alleges that your driving, as a whole, demonstrated a disregard for the safety of others or property.

In my years of practice, I have seen charges stem from a wide variety of situations. Let’s examine the most common sections of the Virginia Code that law enforcement officers use to charge drivers.

The Two Pillars of Reckless Driving Law

Most charges fall under two main statutes: the general rule and reckless by speed.

Virginia Code § 46.2-852: The General Rule

This is the broadest and most subjective reckless driving law. It states: “Irrespective of the maximum speeds permitted by law, any person who drives 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 shall be guilty of reckless driving.”

The key phrase here is “endanger the life, limb, or property.” What does that mean? A prosecutor might argue endangerment based on:

Excessive weaving in and out of traffic.
Following too closely (tailgating).
Driving too fast for the current road or weather conditions, even if under the speed limit.
Being involved in an accident where the officer believes your actions were the primary cause.

Because of its subjective nature, a charge under § 46.2-852 often provides significant room for a strong legal defense. My role is to scrutinize the officer’s report and the surrounding facts to challenge the assertion that your driving was truly a danger to others.

Virginia Code § 46.2-862: Reckless Driving by Speed

This is the most common and clear-cut reckless driving charge in Virginia. You can be charged under this statute if you are driving:

20 miles per hour or more over the posted speed limit, OR
In excess of 85 miles per hour, regardless of the speed limit.

This law is unforgiving. Driving 86 mph in a 70 mph zone on I-95 is automatically reckless driving. Driving 75 mph in a 55 mph zone is automatically reckless driving. The officer does not need to prove you were weaving, tailgating, or otherwise endangering anyone. The speed itself is the entire basis for the crime. This is a critical point that many out-of-state drivers, accustomed to high-dollar speeding tickets, fail to grasp until it’s too late.

Other Common Forms of Reckless Driving

While speed and general recklessness are the most frequent charges, Virginia law specifies many other actions as reckless driving. These include:

Virginia Code § 46.2-853: Failure to Maintain Control: Losing control of your vehicle, whether due to speed, distraction, or road conditions, can lead to this charge, often after an accident.
Virginia Code § 46.2-859: Passing a Stopped School Bus: Overtaking a school bus that is stopped for loading or unloading children is a very serious form of reckless driving. The potential penalties are severe, and judges and prosecutors show little leniency.
Virginia Code § 46.2-861: Driving with an Obstructed View: Having so many passengers or so much cargo in your car that your view of the road is blocked can be considered reckless.
Virginia Code § 46.2-865: Racing: This statute criminalizes not just organized street races but also situations where two drivers appear to be competing or pushing each other to higher speeds. A conviction for racing carries its own set of enhanced license suspension penalties.

Understanding the specific statute you are charged under is paramount. The defense for a case under § 46.2-862 (Speed) is very different from a defense for a case under § 46.2-852 (General Rule).

The Severe Consequences of a Reckless Driving Conviction

A conviction for reckless driving in Virginia carries the weight of a Class 1 Misdemeanor. The potential penalties are not designed to be a minor inconvenience; they are intended to be a significant punishment that can include active jail time, substantial fines, the loss of your driving privileges, and a permanent criminal record that can affect your life for years to come.

When clients first sit down in my office, their primary concern is always, “What is going to happen to me?” It’s a valid and urgent question. The answer depends on many factors, including the specific court, the judge, the prosecutor, your driving record, and the facts of your case. However, the law outlines a clear range of possible punishments.

Criminal Penalties (Virginia Code § 18.2-11)

As a Class 1 Misdemeanor, a reckless driving conviction is punishable by:

Jail Time: Up to 12 months in jail. While not every conviction results in jail, it is a very real possibility, especially for cases involving extremely high speeds (e.g., over 95-100 mph), racing, or accidents with injuries.
Fines: A fine of up to $2,500. The judge has discretion in setting the amount, often based on the severity of the offense.
A Permanent Criminal Record: This is perhaps the most lasting consequence. A reckless driving conviction is not a traffic infraction; it is a criminal offense that will appear on background checks for employment, housing, and loans.

Administrative Penalties (Virginia DMV)

In addition to the criminal penalties imposed by the court, the Virginia DMV will take its own action against your driving record:

License Suspension: The court can suspend your Virginia driver’s license for up to six months. For out-of-state drivers, the conviction is reported to your home state’s DMV, which will typically take reciprocal action against your license.
Demerit Points: The Virginia DMV will assess six (6) demerit points against your record. These points remain on your record for two years, and an accumulation of too many points can lead to further DMV-imposed suspensions.

The Broader Impact on Your Life

The consequences of a reckless driving conviction extend far beyond the courtroom and the DMV. In my experience, clients face significant challenges in many areas of their lives:

Impact on Employment and Security Clearance: Many employers, especially the federal government and its contractors in Northern Virginia, require employees to maintain a clean criminal record. A Class 1 Misdemeanor can be grounds for termination or can prevent you from obtaining or renewing a security clearance.
Consequences for CDL Holders: For anyone with a Commercial Driver’s License, a reckless driving conviction can be a career-ending event. It is considered a “serious offense” under federal regulations.
Drastic Increases in Car Insurance Rates: Insurance companies view a reckless driving conviction as a major red flag. Your premiums are likely to increase dramatically for several years, costing you thousands of dollars.

The stakes are incredibly high. This is why approaching a reckless driving charge as if it were a minor ticket is a grave mistake.

The Virginia Court Process: From Summons to Verdict

The journey through the Virginia legal system for a reckless driving charge follows a structured path, beginning with the summons you received on the roadside and culminating in a trial at a General District Court. Understanding this process can demystify the experience and help you prepare for what lies ahead. It is a formal proceeding where the rules of evidence apply and where you have the right to challenge the case against you.

Being handed a Virginia Uniform Summons can feel intimidating. This document is not a bill to be paid; it is a legal order commanding your appearance in court. For most reckless driving charges, the case will be heard in the General District Court of the county or city where the alleged offense occurred.

Here is a step-by-step overview of the typical court process, which I have guided clients through thousands of times.

Step 1: The Summons and Your Arraignment Date

The date on your summons is your arraignment date. This is your first official court appearance. The purpose of the arraignment is for the judge to formally read the charge against you and for you to enter a plea (not guilty, guilty, or no contest). In my practice, I typically file a notice to appear on my client’s behalf, enter a plea of not guilty, and request a trial date. This often means you, the client, may not need to appear for this initial arraignment, which is particularly beneficial for out-of-state drivers.

Step 2: Case Preparation and Discovery

This is the most critical phase. After the arraignment, we move into trial preparation. This involves:

Discovery Request: Formally requesting all of the Commonwealth’s evidence against you. This includes the officer’s notes, any video or audio recordings (dash cam or body cam), and the calibration certificates for the radar, LiDAR, or speedometer used to measure your speed.
Evidence Analysis: I meticulously review every piece of evidence. Are there inconsistencies in the officer’s report? Was the radar unit properly calibrated and tested on the day of the incident? Are there legal grounds to challenge the stop itself?
Client Consultation: We will discuss the facts of the case from your perspective. Were there mitigating circumstances? Was it an emergency? Was your speedometer malfunctioning?

Step 3: Negotiation with the Commonwealth’s Attorney

In many Virginia jurisdictions, a prosecutor (the Commonwealth’s Attorney) will be handling the case. Before the trial, I will engage in negotiations with the prosecutor. Armed with the weaknesses in their case and the strengths of ours, the goal is to seek a favorable outcome without the risk of a trial. This could involve:

Reducing the Charge: The most common goal is to have the reckless driving charge reduced to a lesser offense like Improper Driving (Virginia Code § 46.2-869). Improper driving is a simple traffic infraction with only 3 demerit points and no criminal record.
Amending to a Non-Moving Violation: In some cases, we might negotiate for a reduction to a non-moving violation like “defective equipment,” which has no demerit points.
Dismissal: If the evidence is particularly weak, we may push for an outright dismissal of the charge.

Step 4: The Trial

If a favorable plea agreement cannot be reached, the case will proceed to trial. At trial, the Commonwealth’s Attorney must prove your guilt “beyond a reasonable doubt.” The process includes:

The officer testifying about their observations.
Me, as your attorney, cross-examining the officer to challenge their testimony and evidence.
Presenting our own evidence and witnesses, if strategically advisable.
Making legal arguments to the judge about why the evidence is insufficient for a conviction.

The judge will then issue a verdict of guilty or not guilty.

Step 5: The Appeal

If you are found guilty in the General District Court, you have an absolute right to appeal the decision to the Circuit Court within 10 days. An appeal results in a brand new trial (a “trial de novo”), providing a second chance to fight the charge, often before a different judge and sometimes a jury.

The SRIS Virginia Reckless Driving Defense Blueprint

Facing a criminal charge requires more than just hope; it requires a structured, methodical plan. “The SRIS Virginia Reckless Driving Defense Blueprint” is our proprietary framework for analyzing every case. It ensures that no stone is left unturned and that we build the strongest possible defense tailored to the specific facts of your situation. This is the process I have refined over 20 years of courtroom experience.

A successful defense is built long before we step into the courtroom. It begins with a systematic approach to gathering information, analyzing the law, and identifying strategic opportunities. This blueprint guides our preparation from our first case assessment to the final verdict.

Phase 1: Initial Case & Evidence Triage

The moment you retain our firm, we begin implementing the blueprint.

Step 1: Document the Scene: We instruct you on how to preserve your own evidence. This includes taking photos of the location, noting weather and traffic conditions, and writing down every detail you remember about the traffic stop while it is still fresh in your mind.
Step 2: Secure Your Driving Record: We immediately obtain a copy of your official Virginia DMV driving record (or your home state’s record). A clean record is one of the most powerful tools in negotiation.
Step 3: Analyze the Summons: We deconstruct the summons itself. Is the code section correct? Are there any defects on the face of the document that could be grounds for a motion to dismiss?

Phase 2: Legal & Factual Deep Dive

This is where we challenge the Commonwealth’s case head-on.

Step 4: The Discovery Protocol: We file a comprehensive discovery request to obtain the officer’s evidence. Our focus is on finding weaknesses.

For Speed Cases (§ 46.2-862): We demand the calibration certificates for the specific radar or LiDAR device used. Were the calibrations performed within the legally required timeframe? Was the officer properly trained to use the device? We look for any break in this critical chain of evidence.
For General Rule Cases (§ 46.2-852): We scrutinize the officer’s narrative for subjectivity and lack of concrete evidence of endangerment. Was their view obstructed? Were other cars driving similarly? We look for facts that contradict the officer’s opinion of “reckless.”

Step 5: Identify Mitigating Factors: We work with you to identify factors that can persuade a judge or prosecutor. Did you have a medical emergency? Was your speedometer malfunctioning (and can we get it tested to prove it)? Is your job or security clearance on the line? A compelling personal story can make a difference.

Phase 3: Strategic Action Plan

With all the information gathered, we develop a clear path forward.

Step 6: Define the Primary Goal: Is a full dismissal realistic? Or is the strongest outcome a reduction to Improper Driving? We set a clear, primary objective for your case.
Step 7: Prepare for Negotiation: We assemble a mitigation package to present to the prosecutor. This often includes your driving record, a letter of explanation, proof of a speedometer calibration, and a certificate from a completed defensive driving course.
Step 8: Courtroom Strategy: We prepare our trial strategy, outlining the questions we will ask the officer on cross-examination and the legal arguments we will make to the judge. We prepare you for what to expect in court so there are no surprises.

This blueprint transforms a stressful, uncertain situation into a manageable process with clear, actionable steps designed to protect your record and your future.

Our Team

Experienced Attorneys Who Are Here To Help You!

DUI, Criminal Law & Traffic Law

BRYAN BLOCK Licensed in VA
Former Virginia state trooper (Of Counsel)

Criminal Law & CPS Defense

MATTHEW GREENE Licensed in VA, DC
(Of Counsel)

Strategic Defenses Against a Reckless Driving Charge

While the Commonwealth’s laws on reckless driving are strict, they are not absolute. Every case has unique facts and potential weaknesses. An experienced attorney can leverage these weaknesses to build a powerful defense. From challenging the officer’s equipment to presenting compelling mitigating evidence, there are numerous ways to fight a reckless driving charge in Virginia.

Never assume that a charge automatically means a conviction. In my two decades defending these cases, I have successfully employed a wide range of legal strategies to protect my clients. The right strategy depends entirely on the specific statute you are charged under and the evidence the Commonwealth has against you.

Challenging the Evidence in Speeding Cases (§ 46.2-862)

When the charge is based purely on speed, the defense often focuses on the method used to measure it.

Challenging Radar/LiDAR Evidence: Law enforcement must follow strict procedures for calibrating and using speed measurement devices. We can demand calibration logs for the specific device used in your case. If the calibrations were not done correctly or within the required time frame (typically every 6 months), the reading may be deemed inadmissible in court.
Speedometer Calibration Defense: Your car’s speedometer may not be accurate. We can have your vehicle’s speedometer professionally calibrated. If the calibration shows your speedometer was reading lower than your actual speed (e.g., it showed 79 mph when you were going 86 mph), this demonstrates a lack of criminal intent. A judge may be willing to reduce or dismiss the charge based on this evidence.
Pacing Challenges: If the officer “paced” your vehicle with their own, we can challenge their ability to maintain a consistent distance, the accuracy of their own speedometer, and any visual obstructions they may have had.

Defenses for General Reckless Driving (§ 46.2-852)

When the charge is based on the subjective opinion that your driving was dangerous, the defense focuses on undermining that opinion.

Lack of “Endangerment”: We can argue that while your driving may not have been perfect, it did not actually rise to the level of endangering life, limb, or property. For example, if you chirped your tires but the road was empty and dry, we can argue that no one was actually endangered.
“Following Too Closely” in Accidents: In accident cases, officers often charge the rear driver with reckless driving. We can argue that the driver in front stopped suddenly and without reason, creating an unavoidable situation.
Mitigating Circumstances: We can present evidence of factors that explain your driving, such as swerving to avoid an animal or debris in the road.

Universal Defenses and Legal Arguments

Some strategies can apply to nearly any reckless driving case:

Legal Emergency: A true, verifiable emergency can be a valid defense. This must be more than simply “running late.” It typically involves a medical crisis or a similar dire situation.
Negotiating a Reduction to Improper Driving: This is one of the most common and effective strategies. We can present your good driving record, a completed driver improvement course, and other mitigating evidence to the prosecutor or judge and request that the charge be reduced to Improper Driving (§ 46.2-869). This is a favorable outcome as it is a minor traffic infraction, not a criminal misdemeanor.
Challenging the Traffic Stop: If the officer did not have a valid, legal reason (reasonable suspicion) to pull you over in the first place, all evidence obtained from that stop may be suppressed, leading to a dismissal of the case.

The key to a successful defense is a thorough investigation and a creative legal mind. There is always a path to explore.

Common Mistakes That Can Jeopardize Your Case

In the stressful moments during and after a traffic stop, it is easy to make mistakes that can severely damage your ability to defend yourself later. As an attorney, I often see clients who have unintentionally weakened their own case before they even call my office. Avoiding these common pitfalls is crucial for preserving your legal options.
Based on my experience handling thousands of reckless driving cases, here are the most critical mistakes to avoid:
1. Admitting Guilt on the Roadside: When an officer asks, “Do you know how fast you were going?” your answer is being recorded on their body cam or in their memory. Politely declining to answer incriminating questions is not an admission of guilt; it is your right. Saying “Yes, I was probably going about 90” can be used as a direct confession in court.
2. Arguing with the Law Enforcement Officer: Being argumentative or disrespectful will not get you out of the charge. It will only be noted by the officer and may make the prosecutor and judge less willing to consider a favorable resolution later. Be polite, be compliant, but be quiet.
3. Ignoring the Summons (Especially for Out-of-State Drivers): A reckless driving summons is a command to appear in court. Simply not showing up will result in the judge issuing a “capias,” which is a warrant for your arrest. This can lead to your arrest the next time you are in Virginia or even in your home state.
4. Thinking You Can Handle it Yourself to “Save Money”: A reckless driving charge is not a DIY project. The potential costs of a conviction—increased insurance, job loss, a criminal record—far outweigh the cost of a knowledgeable attorney. Unrepresented defendants often do not know the court rules, defense strategies, or how to negotiate effectively with a prosecutor.
5. Waiting Until the Last Minute to Seek Legal Counsel: The best time to hire an attorney is as soon as possible after you receive the summons. This gives your legal team ample time to implement the Defense Blueprint: to gather evidence, subpoena calibration records, and negotiate with the prosecutor from a position of strength, not desperation.
6. Pre-Paying a Fine That Isn’t Pre-Payable: You cannot pre-pay a reckless driving charge because it is a crime that requires a court appearance. Attempting to do so or assuming it’s like a normal ticket can lead you to accidentally miss your court date.
Avoiding these errors can significantly improve the chances of achieving a positive outcome in your case.

Glossary of Key Virginia Legal Terms

The legal system has its own language. Understanding these key terms can help you better comprehend your reckless driving charge and the court process.

Class 1 Misdemeanor: The most serious class of misdemeanor crimes in Virginia. It is punishable by up to 12 months in jail and/or a fine of up to $2,500. Reckless driving and DUI are common examples.
Commonwealth’s Attorney: The official term for the prosecutor in Virginia who represents the state (the “Commonwealth”) in criminal cases.
Demerit Points: A system used by the Virginia DMV to track driving offenses. A reckless driving conviction adds 6 points to your record. Accumulating too many points in a set period leads to license suspension.
Discovery: The formal pre-trial process where the defense can request and obtain the evidence the prosecution plans to use at trial, such as the officer’s notes and videos.
General District Court (GDC): The court where most traffic cases and misdemeanors are first heard in Virginia. There is no jury in the GDC; the case is decided by a judge.
Improper Driving (§ 46.2-869): A lesser traffic infraction that is not a criminal offense. It carries 3 demerit points. A common goal in reckless driving defense is to get the charge reduced to improper driving.
Nolle Prosequi: A Latin term meaning “unwilling to pursue.” This is a motion by the prosecutor to drop the charges. The charges can sometimes be brought back later, but it often marks the end of a case.
Summons: The legal document (ticket) issued by the officer that charges you with an offense and orders you to appear in court on a specific date.

Common Scenarios: Real-Life Reckless Driving Charges

To better understand how Virginia’s reckless driving laws apply in the real world, it can be helpful to look at common scenarios that I encounter frequently in my practice. These examples reflect the questions and situations that bring most people to our firm.

Scenario 1: The Interstate Traveler on I-95

The Situation: A driver from Florida is traveling north on I-95 through Greensville or Prince William County. The speed limit is 70 mph. They are “going with the flow of traffic” at what they believe is a safe speed of 88 mph. They are pulled over and are shocked to receive a criminal summons for reckless driving, not a speeding ticket.
The Legal Issue: Under VA Code § 46.2-862, any speed over 85 mph is automatically reckless driving, regardless of the speed limit or traffic conditions. The driver’s belief that their speed was safe is not a legal defense.
The Approach: For an out-of-state driver, the primary goals are to avoid a criminal record and to avoid having to return to Virginia for court. The strategy would involve hiring a local attorney to appear on their behalf, challenging the calibration of the officer’s equipment, and negotiating with the prosecutor for a reduction to a non-criminal infraction, potentially based on the driver’s good record and completion of a Virginia-approved driver improvement clinic online.

Scenario 2: The Accident on a Crowded Road

The Situation: A commuter is in heavy traffic on the I-66 in Fairfax County. The car in front of them brakes suddenly, and despite their best efforts, they rear-end the vehicle at a low speed. There are no injuries, but the police are called. The officer, after speaking to both drivers, issues the rear driver a summons for reckless driving under the “general rule,” § 46.2-852, for “failure to maintain control.”
The Legal Issue: The Commonwealth must prove that the driver’s actions were not just negligent but “reckless”–a much higher standard that implies a disregard for safety. The mere fact that an accident occurred does not automatically equal reckless driving.
The Approach: The defense would focus on demonstrating that this was a simple accident, not a criminal act. We would investigate the circumstances of the lead car’s sudden stop and argue that our client’s actions were a reasonable reaction to an unexpected event. The goal would be an outright dismissal or a reduction to a minor infraction.

Scenario 3: Passing a School Bus on a Divided Highway

The Situation: A driver is traveling on a four-lane road with a physical median (like a strip of grass). A school bus traveling in the opposite direction stops and puts on its flashing lights. Believing the median separates them legally, the driver continues past the bus and is pulled over and charged under § 46.2-859.
The Legal Issue: Virginia law is very strict. You must stop for a stopped school bus unless there is a physical barrier or an unpaved median separating your vehicle from the bus. A painted line is not sufficient. A conviction is a Class 1 Misdemeanor.
The Approach: These are very difficult cases. The defense would scrutinize the exact nature of the median. Was it truly just paint? Or was it an unpaved surface, even a small one? We would also explore any possible obstruction of the bus’s lights. The primary strategy often shifts to mitigation—demonstrating the client’s exemplary character, good driving record, and immediate remorse to persuade the judge to impose a penalty less severe than active jail time or license suspension.

Frequently Asked Questions (FAQ)

Is reckless driving a felony in Virginia?

No, in most cases, reckless driving is a Class 1 Misdemeanor. However, it can become a Class 6 felony if your actions result in the death of another person or if you are driving with a suspended or revoked license from a previous moving violation and cause serious injury to another.

Will I go to jail for reckless driving in Virginia?

Jail time is a real possibility, especially for very high speeds (typically over 90 mph, and almost certainly over 100 mph), racing, or cases involving accidents with serious injuries. An experienced attorney can often help mitigate this risk.

How can I get my reckless driving charge reduced to improper driving?

A reduction to improper driving (§ 46.2-869) is a common goal. It is typically achieved through negotiation with the prosecutor, based on factors like a good driving record, completion of a driver improvement course, a valid reason for the speed (like a speedometer error), and the skill of your attorney.

Do I need a lawyer for a reckless driving charge in VA?

While you are not required to have a lawyer, it is highly recommended. Reckless driving is a criminal charge. An experienced traffic law attorney understands the court procedures, the local judges and prosecutors, and the defenses that are most effective. The long-term cost of a conviction almost always outweighs the cost of legal representation.

How many points is reckless driving in Virginia?

A conviction for reckless driving will result in the Virginia DMV assessing six (6) demerit points on your driving record. These points remain for two years.

Can a reckless driving charge be dismissed?

Yes, a dismissal is possible. This can happen if the officer fails to appear in court, if the evidence is legally insufficient (e.g., faulty calibration records), or if there was a fatal flaw in the traffic stop itself.

I'm an out-of-state driver. Do I have to appear in a Virginia court?

In many cases, an attorney can appear in court on your behalf, saving you the time and expense of traveling back to Virginia. This is a significant advantage of hiring legal counsel.

How does a reckless driving charge affect my security clearance?

A criminal conviction for a Class 1 Misdemeanor must be reported and can negatively impact your ability to obtain or maintain a security clearance. The adjudicative guidelines consider criminal conduct as a potential sign of poor judgment or untrustworthiness.

What is the difference between aggressive driving and reckless driving?

Aggressive driving is a related but distinct offense. It involves the intent to harass, intimidate, injure, or obstruct another person while committing certain traffic offenses like tailgating or improper lane changes. Reckless driving focuses more on the inherent danger of the driving action itself, even without specific intent towards another driver.

Will a reckless driving charge show up on a background check?

Yes. As a Class 1 Misdemeanor, a conviction for reckless driving will create a permanent criminal record that is visible on standard employment and housing background checks.

Can I get a restricted license if my license is suspended?

If the judge suspends your license, you may be eligible to petition the court for a restricted license. This would allow you to drive for specific, necessary purposes, such as traveling to and from work, school, medical appointments, and childcare.

How long will a reckless driving conviction stay on my record?

A criminal conviction for reckless driving stays on your Virginia criminal record permanently. It will remain on your Virginia DMV driving record for 11 years.

Defending Drivers Across the Commonwealth of Virginia

The Law Offices of SRIS, P.C. has a long and successful history of defending clients charged with reckless driving across the entire Commonwealth of Virginia. We understand that each court has its own local customs and procedures. Our seasoned attorneys regularly appear in courtrooms in major counties and cities, including:

Northern Virginia: Fairfax County, Loudoun County, Prince William County, Arlington County, City of Alexandria, Stafford County, Spotsylvania County.
Central Virginia: Henrico County, Chesterfield County, City of Richmond.
Hampton Roads: City of Virginia Beach, City of Norfolk, City of Chesapeake.

We are also highly experienced in defending drivers charged on Virginia’s major interstate highways, which are common locations for reckless driving by speed charges:

Interstate 95 (I-95)
Interstate 81 (I-81)
Interstate 64 (I-64)
Interstate 66 (I-66)
U.S. Route 29, U.S. Route 58, and U.S. Route 13

No matter where in Virginia you received your summons, our firm has the knowledge and presence to provide a robust and strategic defense.

A reckless driving charge is a serious legal challenge that demands an equally serious response. It threatens your freedom, your financial stability, and your future opportunities. You do not have to face this alone.

If you have been charged with reckless driving in Virginia, we invite you to contact the Law Offices of SRIS, P.C. at 888-437-7747 to schedule a confidential case assessment. Let our decades of experience work to protect you.

Disclaimer: The information contained on this website is for informational purposes only and is not legal advice. You should consult with a qualified attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Protect Your License and Freedom:VA's Reckless Driving Defenses