VIRGINIA RECKLESS DRIVING

DEFENSE OF RECKLESS DRIVING IN

VIRGINIA STATE COURTS AND VIRGINIA FEDERAL COURTS

SRIS, P.C. is a Virginia law firm that defends clients charged with reckless driving in Virginia. Reckless driving is a class 1 misdemeanor. A reckless driving conviction can result in a maximum penalty of one year in jail, $2500 fine and six month loss of license in Virginia. Reckless Driving tickets in Virginia should not be taken lightly. The bare minimum penalty for a reckless driving conviction in Virginia is six points on your Virginia driving record. If you are charged with a reckless driving ticket in Virginia, contact the Law of SRIS, P.C. With offices in Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach, Virginia, our reckless driving defense attorneys focus a significant portion of their time on defending clients charged with reckless driving. Our reckless driving attorneys in Virginia defend both adults and juveniles in Virginia state courts and federal courts. Frequently, clients are charged in federal courts (Alexandria, Richmond, Norfolk & Virginia Beach). If you wish to consult a SRIS, P.C. Reckless Driving attorney, please simply contact us via email or phone. A Reckless Driving lawyer of SRIS, P.C. will gladly consult with you regarding your matter.

The following are the attorneys who handle Virginia Reckless Driving offenses in Virginia:

NORTHERN VIRGINIA OFFICE - FAIRFAX & MANASSAS

Garrett Green

Atchuthan Sriskandarajah

RICHMOND METRO AREA OFFICE - RICHMOND

Bryan Block

Shannon Dillon

HAMPTON ROADS/TIDEWATER AREAS OFFICE - VIRGINIA BEACH

WESTERN VIRGINIA OFFICE - LYNCHBURG

Virginia Reckless Driving Statutes

VA Reckless Driving Code §46.2-852. Reckless driving; general rule

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 in Virginia.

VA Reckless Driving Code § 46.2-853. Driving vehicle which is not under control; faulty brakes

A person shall be guilty of reckless driving in Virginia who drives a vehicle which is not under proper control or which has inadequate or improperly adjusted brakes on any highway in the Commonwealth.

VA Reckless Driving Code § 46.2-854. Passing on or at the crest of a grade or on a curve

A person shall be guilty of reckless driving in Virginia who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

VA Reckless Driving Code § 46.2-855. Driving with driver's view obstructed or control impaired

A person shall be guilty of reckless driving in Virginia who drives a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.

VA Reckless Driving Code § 46.2-856. Passing two vehicles abreast

A person shall be guilty of reckless driving in Virginia who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

VA Reckless Driving Code § 46.2-856. Passing two vehicles abreast

A person shall be guilty of reckless driving in Virginia who passes or attempts to pass two other vehicles abreast, moving in the same direction, except on highways having separate roadways of three or more lanes for each direction of travel, or on designated one-way streets or highways. This section shall not apply, however, to a motor vehicle passing two other vehicles when one or both of such other vehicles is a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped; nor shall this section apply to a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped passing two other vehicles.

VA Reckless Driving Code § 46.2-857. Driving two abreast in a single lane

A person shall be guilty of reckless driving in Virginia who drives any motor vehicle, including any motorcycle, so as to be abreast of another vehicle in a lane designed for one vehicle, or drives any motor vehicle, including any motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one vehicle. However, this section shall not apply to any validly authorized parade, motorcade, or motorcycle escort, nor shall it apply to a motor vehicle traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped.

VA Reckless Driving Code § 46.2-858. Passing at a railroad grade crossing

A person shall be guilty of reckless driving in Virginia who overtakes or passes any other vehicle proceeding in the same direction at any railroad grade crossing or at any intersection of highways unless such vehicles are being operated on a highway having two or more designated lanes of roadway for each direction of travel or unless such intersection is designated and marked as a passing zone or on a designated one-way street or highway, or while pedestrians are passing or about to pass in front of either of such vehicles, unless permitted so to do by a traffic light or law-enforcement officer.

VA Reckless Driving Code § 46.2-859. Passing a stopped school bus; prima facie evidence

A person is guilty of reckless driving in Virginia who fails to stop, when approaching from any direction, any school bus which is stopped on any highway, private road or school driveway for the purpose of taking on or discharging children, the elderly, or mentally or physically handicapped persons, and to remain stopped until all the persons are clear of the highway, private road or school driveway and the bus is put in motion. The driver of a vehicle, however, need not stop when approaching a school bus if the school bus is stopped on the other roadway of a divided highway, on an access road, or on a driveway when the other roadway, access road, or driveway is separated from the roadway on which he is driving by a physical barrier or an unpaved area. The driver of a vehicle also need not stop when approaching a school bus which is loading or discharging passengers from or onto property immediately adjacent to a school if the driver is directed by a law-enforcement officer or other duly authorized uniformed school crossing guard to pass the school bus. This section shall apply to school buses which are equipped with warning devices prescribed in § 46.2- 1090 and are painted yellow with the words "School Bus" in black letters at least eight inches high on the front and rear thereof. Only school buses which are painted yellow and equipped with the required lettering and warning devices shall be identified as school buses.

The testimony of the school bus driver, the supervisor of school buses or a law-enforcement officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie evidence that the vehicle is a school bus.

VA Reckless Driving Code § 46.2-860. Failing to give proper signals

A person shall be guilty of reckless driving in Virginia who fails to give adequate and timely signals of intention to turn, partly turn, slow down, or stop, as required by Article 6 (§ 46.2-848 et seq.) of this chapter.

VA Reckless Driving Code § 46.2-861. Driving too fast for highway and traffic conditions

A person shall be guilty of reckless driving in Virginia who exceeds a reasonable speed under the circumstances and traffic conditions existing at the time, regardless of any posted speed limit.

VA Reckless Driving Code § 46.2-862. Exceeding speed limit

A person shall be guilty of reckless driving in Virginia who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limit where the applicable speed limit is thirty miles per hour or less, (ii) at a speed of sixty miles per hour or more where the applicable maximum speed limit is thirty-five miles per hour, (iii) at a speed of twenty miles per hour or more in excess of the applicable maximum speed limits where the applicable maximum speed limit is forty miles per hour or more, or (iv) in excess of eighty miles per hour regardless of the applicable maximum speed limit.

VA Reckless Driving Code § 46.2-863. Failure to yield right-of-way

A person shall be guilty of reckless driving in Virginia who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

VA Reckless Driving Code § 46.2-864. Reckless driving on parking lots, etc.

A person shall be guilty of reckless driving in Virginia who operates any motor vehicle at a speed or in a manner so as to endanger the life, limb, or property of any person:

1. On any driveway or premises of a church, school, recreational facility, or business property open to the public; or

2. On the premises of any industrial establishment providing parking space for customers, patrons, or employees; or

3. On any highway under construction or not yet open to the public.

VA Reckless Driving Code § 46.2-865. Racing; penalty

Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving in Virginia, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver's license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of§ 46.2- 398.

VA Reckless Driving Code § 46.2-865.1. Injuring persons while engaging in a race; penalties

Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life, causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony. Upon conviction, the court shall suspend the driver's license of such person for a period of not less than one year nor more than three years and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2- 398.

VA Reckless Driving Code § 46.2-866. Racing; aiders or abettors

Any person, although not engaged in a race as defined in § 46.2-865, who aids or abets any such race, shall be guilty of a Class 1 misdemeanor.

VA Reckless Driving Code § 46.2-867. Racing; seizure of motor vehicle

If the owner of a motor vehicle (i) is convicted of racing such vehicle in a prearranged, organized, and planned speed competition in violation of § 46.2-865, (ii) is present in the vehicle which is being operated by another in violation of § 46.2-865, and knowingly consents to the racing, or (iii) is convicted of a violation of § 46.2-865.1, the vehicle shall be seized and disposed of in the manner provided in § 4.1-339 through 4.1-348 for seizure and forfeiture of conveyances or vehicles used in the illegal transportation of alcoholic beverages. Such sections shall apply mutatis mutandis.

The penalties imposed by these sections are in addition to any other penalty imposed by law.

VA Reckless Driving Code § 46.2-868. Reckless driving; penalties

A. Every person convicted of reckless driving in Virginia under the provisions of this article shall be guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving in Virginia under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

Our Virginia reckless driving defense attorneys & traffic lawyers provide legal representation to clients all throughout Virginia including but not limited to:

Manassas City, Fairfax City, City of Manassas Park, Town of Dumfries, Town of Haymarket, Alexandria City, Falls Church City, Town of Herndon, Town of Vienna, Dale City, Woodbridge, Mclean, Centreville, Chantilly, Leesburg, Warrenton, Alexandria City, Amisville, Ashburn, Baileys Crossroads, Catlett, Centreville, Chantilly, Dulles, Dunn Loring, Falls Church, Dale City, Dumfries, Franconia, Fredericksburg, Ft. Myer, Great Falls, Greenway, Gainesville, Haymarket, Herndon, Independent Hill, Leesburg, Lincolnia, Lorton, Manassas, Manassas Park, Mc Lean, Merrifield, Montclair, Oakton, Occoquan, Pimmit Hills, Potomac, Reston, Seven Corners, Springfield, Stafford, Sterling, Triangle, Vienna, Warrenton Woodbridge. Amelia County, Arlington County, Caroline County, Chesterfield County, Culpeper County, Cumberland County , Fairfax County , Fauquier County, Goochland County, Hanover County, Isle of Wight County , James City, King and Queen County, King William County, Loudoun County, New Kent County, Powhatan County, Prince William County, Richmond County, Henrico County, Southampton County; Spotsylvania County, Virginia; Stafford County, Surry County, Sussex County, Warren County, York County, Alexandria city, Bristol city, Virginia; Chesapeake city, Fairfax city, Falls Church City, Fredericksburg City, Hampton City, Newport News City, Norfolk City, Petersburg City, Poquoson City, Portsmouth City, Richmond City, Staunton City, Suffolk City, Virginia Beach City.

Our Virginia reckless driving lawyers traffic attorneys and staff speak various languages, including English, Arabic, Tamil, Spanish, French, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send ane-mail or complete the on-line form.

SRIS, P.C.
4008 Williamsburg Court
Fairfax, Virginia 22032

8551 Sudley Road
Manassas, Virginia 20110

phone: 703.278.0405
fax: 703.278.0420

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Richmond, Virginia 23294

804-201-9009

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