Can I Fight a Reckless Driving Charge in Virginia?

 Posted on September 08, 2026 in Traffic Crimes

You can fight a reckless driving charge in Virginia, and you should, with help from an experienced attorney. Reckless driving is actually a criminal offense in Virginia, not a simple traffic ticket. If you're facing a reckless driving charge in 2026, our Alexandria, VA traffic crimes defense lawyer can help you understand your options and build a strong defense.

Is Reckless Driving a Crime in Virginia?

Virginia Code Section 46.2-862 sets a clear line for speed-related reckless driving. If you're caught going 20 miles per hour or more above the posted limit, that alone qualifies as reckless driving. The same is true if you're clocked above 85 miles per hour, regardless of what the speed limit actually was at that location.

A conviction can appear on criminal background checks and affect jobs and other opportunities. However, some people may eventually qualify to ask a court to seal a misdemeanor conviction under Virginia law. Most reckless driving convictions also remain on a Virginia DMV driving record for 11 years.

What Types of Reckless Driving Charges Exist in Virginia?

Speed-related reckless driving is just one category under Virginia law. Several other types of conduct can also lead to a reckless driving charge, including:

• Driving in a way that endangers people or property, regardless of your actual speed

• Passing on a hill or curve where visibility is limited

• Failing to maintain proper control of your vehicle

• Driving with faulty brakes or other equipment that makes the vehicle unsafe

• Racing another vehicle on a public roadway

Each of these categories requires the prosecution to prove different elements. This means the specific facts of how your charge was written matter significantly when building a defense.

What Happens if You're Convicted of Reckless Driving in Virginia?

According to Virginia Code § 46.2-868, reckless driving is generally classified as a Class 1 misdemeanor. This can carry up to 12 months in jail and a fine of up to $2,500. A conviction can also result in the loss of your driver's license for a period of time. Demerit points get added to your driving record, too.

Under very specific circumstances, you could be facing a felony charge. Section 46.2-868 also says that reckless driving can become a Class 6 felony in certain cases. This can happen if your license was suspended or revoked for a moving violation and your reckless driving was the sole and direct cause of another person's death. The penalties for a Class 6 felony are significantly higher.

Does the Reason Behind Your Speed or Driving Affect a Reckless Driving Case?

Courts sometimes consider the circumstances that led to the alleged reckless driving. This might include merging into traffic to avoid a hazard. It could also include responding to a medical emergency, or momentarily exceeding the speed limit while passing another vehicle safely.

These circumstances don't automatically excuse a reckless driving charge. They can be important context that a judge considers when deciding how to handle your case, though. This is particularly true if your overall driving pattern was otherwise safe and controlled.

Can Your Driving Record Affect the Outcome of a Reckless Driving Case?

A clean driving record with no prior traffic violations often works in your favor. It suggests this incident was out of character rather than part of an ongoing pattern of unsafe driving. Judges and prosecutors sometimes take a driver's overall history into account when deciding whether to offer a reduced charge or alternative resolution. Multiple prior traffic violations can make prosecutors less willing to negotiate, on the other hand.

What Defenses Work for a Reckless Driving Charge?

Several defense strategies may apply depending on the specific facts of your case. Common defenses include:

• Challenging the accuracy of the radar or laser device used to measure your speed

• Questioning whether the officer properly calibrated and certified their equipment

• Disputing whether the road conditions and circumstances genuinely supported a finding of reckless driving

• Reviewing whether the traffic stop itself was conducted legally

Procedural issues during the stop can sometimes affect the strength of the evidence against you, which is why each of these areas deserves a close look.

Schedule a Free Consultation With Our Fairfax County Traffic Crimes Defense Attorney

With over 15 years of experience, Attorney Bret Lee has earned nearly 100 five-star reviews and recognition as one of the 10 Best American Institute of Criminal Law Attorneys. At Bret Lee Legal Solutions, we take a calming, confident, and reassuring approach with every client. 

Contact us at 703-936-0580 to talk to our Alexandria, VA reckless driving defense lawyer today. We offer evenings and weekends by appointment to accommodate your schedule. Free consultations.