Reckless Driving in VA: Definition and Penalties
Reckless driving is a serious offense that implies a disregard for the safety of others. In Virginia, this charge is governed by Virginia Codes §46.2-852 – § 46.2-869. The most general of the codes, §46.2-852, defines reckless driving as operating a vehicle in a manner that endangers life, limb, or property.
Key points to understand:
- Reckless driving charges in Virginia can result in fines up to $2,500, license suspension, six points on your driving record, and even a year in jail.
- Some behaviors that may lead to charges include speeding, failing to reduce speed for weather conditions, or losing control of your vehicle due to hydroplaning or black ice.
- Virginia law does not consider adverse weather conditions as an automatic defense, so drivers are expected to adapt to road conditions.
- Charges such as failure to maintain control of the vehicle (VA Code §46.2-853) or driving too fast for conditions (VA Code §46.2-861) may accompany or replace a reckless driving ticket.
But It Wasn’t My Fault (or Was It?)
Factors That Might Work Against You in Fighting a Reckless Driving Charge
- Failing to provide evidence that shows you were driving cautiously under the circumstances.
- Charges involving weather-related accidents often involve assumptions that the driver didn’t exercise enough caution.
- Police reports may inaccurately suggest negligence if road conditions aren’t clearly documented.
Legal Support: How Cook Attorneys Can Help
Don’t Fight Reckless Driving Charges Alone
Reckless driving cases, especially those involving weather-related accidents, can be complex. At Cook Attorneys, we know how to analyze your case and build a strong defense on your behalf.
How we can help:
- Argue that the weather, not negligence, caused the accident.
- Challenge the evidence or testimony used to support the reckless driving charge.
- Negotiate with prosecutors for a reduction or dismissal of the charge.
At Cook Attorneys, we represent clients charged with reckless driving in Virginia. Our deep understanding of Virginia reckless driving codes, such as §46.2-852, allows us to create tailored strategies for your defense.
A Real-Life Example (and How Cook Attorneys Could Help)
Several years ago, a driver shared their experience on r/legaladvice:
“I slid on a patch of ice while traveling about 20 miles an hour. I hit an embankment that was steep enough that my truck rolled over. It was a major storm, the cop said there were 4 accidents within a mile of my location and one other on that same road. He charged me with ‘reckless driving – failure to maintain control of vehicle,’ although I was driving safely.”
You can read the full thread here.
Under Virginia Code §46.2-853 and §46.2-861, this individual faced potential penalties of 12 months in jail, $2,500 in fines, and a lasting record for what was essentially an unavoidable accident. Cook Attorneys would have examined every detail of this case to build a strong defense to ensure that the weather conditions and other mitigating factors were fully presented.
Prevent Future Incidents
While you can’t control the weather, you can take steps to reduce your risk of accidents in hazardous conditions.
Driving tips for bad weather:
- Reduce your speed and increase your following distance.
- Use headlights and hazard lights when visibility is low.
- Keep your vehicle in good condition by maintaining your tires, brakes, and wipers.
- Avoid sudden movements, such as hard braking or sharp turns, that can lead to skidding.
A reckless driving charge after a weather-related accident can be daunting, but you don’t have to face it alone. Contact Cook Attorneys today for a free consultation. We’ll evaluate your case, provide expert legal advice, and fight for the best possible outcome. Don’t face this alone – let Cook Attorneys guide you every step of the way.
