Ned Michie
​Attorney at law

Charged with

​Reckless Driving?

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

Experience Matters

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

RECKLESS DRIVING

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS ​
(follow the link to learn more)

​The most common two charges for reckless driving are:

1.   Recklessness by excessive speed (see linked page)
                        and
2.   Generic reckless driving, defined in Va. Code § 46.2-852 as follows:

"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.
Code 1950, § 46-208; 1958, c. 541, § 46.1-189; 1983, c. 380; 1989, c. 727."

There are, however, many other specific driving behaviors that the legislature has defined as reckless. 
See, generally, Va. Code  ​§ 46.2-853 through § 46.2-868.1. These provisions prohibit:

• Driving out of control or with faulty brakes
• Passing on a curve or crest of hill
• Driving with a vehicle overloaded with stuff or people such as to interfere with vision or control
• Passing at a railroad grade
• Passing a marked school bus stopped to take on or drop off children
• Driving too fast for conditions
• Racing  (Defendant's license can be suspended for up to two years!)
• Aggressive Driving (can be a 1st or 2nd class misdemeanor, depending on facts)

Proving Reckless Driving is not that simple in court for a prosecutor.
     For example, the mere fact that a driver had a very serious one-car accident is NOT enough for a conviction.
Even if the driver is proved to be at fault, it may be a situation where the judge can be convinced to
​reduce the conviction to Improper Driving, which is a much better result (see below).

Penalties for Reckless Driving
​      Unfortunately, all reckless driving convictions are 1st Class misdemeanors (the same level of offense as DUI, Assault and Battery, and Shoplifting). Consequently, the judge has the power to impose up to one year in jail and up to a $2,500 fine. (See Va. Code § 46.2-868)  The judge is further empowered to suspend a defendant's license completely for up to six months (but the judge can also choose to give restricted driving privileges). See Va. Code § 46.2-392 and Va. Code § 46.2-393.  (For an an out-of-state driver, the judge can only suspend driving privileges in Virginia, but one's home state may find out about the Virginia conviction and do the same thing.)

    It is uncommon for a judge to give active jail time for a "run of the mill" case, but outcomes are certainly variable based on the facts and the judge involved.   

Points on your license versus automobile insurance ramifications 

     The Virginia DMV has a system of negative points that it awards for all moving violations based on its ranking of the severity of the violation. The DMV will even award negative points for out-of-state convictions it finds out about.

       Also keep in mind that, while the judge may choose not to suspend your driver's license, the DMV still can and will, if you have too many demerit points on your record.  See DMV website.

Reckless Driving gives you 6 negative points on your license.

   Keep in mind that you do also get a good point for every year you drive without a moving violation (up to 5 good points), and the negative points generally fall off after two years. The DMV website has more information, and you can get a copy of your driving record and point totals.

     The Virginia DMV cannot suspend an out-of-state driver's license but can suspend an out-of-state driver's privilege to drive in Virginia. Also, your home state may find out about a Virginia ticket or suspension and treat you about the same way, depending on your state's laws and regulations.

 Your insurance company can also hold motor vehicle convictions against you depending on the terms of your policy. Note that your insurance company is not bound in any way by the DMV point system (for better or worse).
​

Improper Driving

​     Improper Driving is a much less serious offense than reckless driving.  Improper driving is only a traffic infraction subject to a fine and carries just 3 negative points against a Virginia driver's license.  Strangely, in Virginia an officer cannot write a ticket for improper driving, even if he/she thinks it fits the facts better than does a reckless driving charge.  It is only the judge or prosecutor who is allowed to reduce a reckless charge to "improper driving."  Specifically, Va. Code § 46.2-869  provides as follows:

 ". . . upon the trial of any person charged with reckless driving where the degree of culpability is slight, the court in its discretion may find the accused not guilty of reckless driving but guilty of improper driving. However, an attorney for the Commonwealth may reduce a charge of reckless driving to improper driving at any time prior to the court's decision and shall notify the court of such change. Improper driving shall be punishable as a traffic infraction punishable by a fine of not more than $500."