subject: Things You Do On Your Daily Commute Could Be Considered Reckless Driving In Virginia [print this page] You can pay for your reckless driving ticket, but its a far cry from the check youd write for a speeding ticket. In Virginia, reckless driving is a criminal charge.
This means that it carries pretty stiff penaltieseven if it is your first offense and you have a clean driving record, you could be looking at jail time. In addition, most reckless driving offenses are six point violations and can stay on your record up to 11 years
So whats the difference (in Virginia) between your run-of-the-mill speeder and someone who could be facing criminal charges?
Its actually a pretty fine line, and while every case will be different, here are a couple of offenses that can land you in the Reckless category:
1. Speeding. It's probably one of the most common traffic violations. We've probably all done it, but be careful. If you are traveling 20 mph or more above the speed limit, you are driving recklessly. However, thats not the extent of it. Driving more than 80 mph, regardless of the posted speed limit, can also be considered reckless driving. So even if you were on a highway with a speed limit of 70 mph, you could still be looking at a reckless driving charge for going just 10 mph over.
2. Driving a vehicle which cannot be properly controlled. Not being able to control your vehicle can be considered reckless driving. The Virginia Code specifically mentions inadequate or improperly adjusted brakes, so make sure you have your vehicle regularly inspected. Failure to keep your car in good working order could result in a criminal charge.
3. Inappropriate Passing. The term may usually be reserved gas, but there are five times you should NOT pass another vehicle. Do not pass when: 1. Its emergency vehicle 2. Its a school bus 3. You are coming upon the crest of a hill, or on a curve (or anywhere else your view could be obstructed) 4. You are at a railroad crossing 5. You are about to pass two vehicles traveling abreast
4. Racing. Illegal on Virginia roads. No hill jumping, either.
5. Generally. Thats right. The DMV has a category for general reckless driving. The general rule for reckless driving is as follows: Irrespective of 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.
There are more specific listings in the code than here, but weve covered the gist of it.
Even if you dont think what youre doing is reckless, law enforcement may see it differently. The law was written so that it is slightly subjective. Above everything else, you need to be in control of your vehicle.
If you are charged with reckless driving, make sure you take it seriously. The best defense is to retain an experienced attorney to go over your options with you in terms of protecting your drivers license, keeping your insurance rates low, and defending your rights in court.
