Reckless Driving Can Be a Misdemeanor or a Felony

Virginia's reckless driving laws allow the offense to be classified as either a misdemeanor or a felony, depending on the circumstances surrounding the charge. Virginia’s reckless driving laws and penalties are outlined in the following way:

A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving 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.

C. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-1078.1 shall include a mandatory minimum fine of $250.

What This Means for You

The vast majority of cases in Virginia involve misdemeanor reckless driving. A Class 1 misdemeanor comes with confinement in jail for no more than 12 months and/or a fine of no more than $2,500. Penalties for reckless driving

A felony reckless driving charge is the most serious form of reckless driving. A Class 6 felony carries a jail term of no less than one year but no more than five years. With the discretion of the jury or the court trying the case without a jury, the charge can be punished with confinement in jail for not more than 12 months and/or a fine of not more than $2,500.

Protecting Your Legal Rights

A reckless driving charge is much more serious than a simple traffic violation. To avoid the stigma of a criminal record, you need an attorney who can provide an aggressive defense. Call today to schedule a free, no-obligation initial consultation with Virginia reckless driving attorney Charles V. Hardenbergh.